Litigation & Arbitration
Arbitration Insights: Landing the game-changing witness
By Fred Bennett
Sometimes the legal gods smile on you. Your earth-scouring investigation of the facts surrounding an arbitration dispute yield...
Law Practice
Both parties must introduce the necessary evidence to resolve disputed issues
By Franklin R. Garfield
It is dangerous to hide the ball from the opposing party; and doubly dangerous to hide the ball from the court.
Intellectual Property
Submarine patents and the scope of the doctrine of 'Prosecution Laches'
By Daniel N. Yannuzzi, Patrick McGill
Echoes of the Great GATT Bubble of 1995: What is the Scope of the Doctrine of “Prosecution Laches?
Constitutional Law
Lawsuits could be a reckoning for the gun industry
By Arash Homampour
As a result of recent legal developments, the gun industry, which has weathered lawsuits and legislative efforts to clip its w...
9th U.S. Circuit Court of Appeals
9th Circuit also weighs in on personal jurisdiction at class certification stage
By Diane P. Flannery, R. Trent Taylor
9th Circuit ruling gives defendants breathing room to challenge personal jurisdiction over putative class members at class cer...
The $1.2 trillion infrastructure bill includes $65 billion to improve broadband infrastructure, middle mile infrastructure and...
We are now facing a veritable smorgasbord of lawsuits challenging eviction moratoria
Labor/Employment
Prop 22 is in limbo as workers’ compensation provision deems bill unconstitutional
By Eric B. Kingsley, Kelsey M. Szamet
On Friday, Alameda Superior Court Judge Frank Roesch declared Prop 22 unconstitutional on two separate grounds and ruled that ...
Health Care & Hospital Law
Natarajan v. Dignity Health: Welcome Support for California's Physicians and Their Hospital Patients
By Lowell C. Brown, Diane B. Roldán
One silver lining has emerged from this pandemic: Never, perhaps, has it been so clear how much we owe the physicians in our c...
Family
Conservatorship training riddled with errors and omissions
By Thomas F. Coleman
Training programs, like a mandatory training on limited conservatorships conducted last week by the Los Angeles County Bar Ass...
In family law, when one parent wishes to relocate with the minor child to a geographically different location, it is commonly ...
U.S. Supreme Court, Education Law, Constitutional Law
School speech: Does ‘on campus’ matter in the Digital Age?
By Ronald J. Scholar
A recent Supreme Court decision raises an important question: What does it mean to bring something onto a school campus, or an...
Law Practice, Ethics/Professional Responsibility
The ethics of wellness: How the rules require personal health
By Wendy L. Patrick
The practice of law is exhilarating and exhausting. It is both a marathon and a sprint. But one thing is clear: Effective lawy...
California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
Appellate cases to watch this fall
By M.C. Sungaila, Lauren Jacobs
In this article, we highlight pending 9th U.S. Circuit Court of Appeals and California Supreme Court civil cases that should b...
Insurance, Civil Litigation
Ruling breaks new ground for CGL policy data breach coverage hackings
By Peter S. Selvin
A recent case from the 5th U.S. Circuit Court of Appeals breaks new ground on the question of whether a commercial general lia...
Civil Litigation, California Courts of Appeal
Ruling clarifies precedent on expert reliance on hearsay
By Timothy D. Reuben, Stephanie I. Blum
What exactly can an expert rely on for his or her opinion to be admissible? This debate has been raging since the California S...
Law Practice, Labor/Employment
Will women attorneys join the ‘Great Resignation’?
By Sonya D. Goodwin
The large firms and small boutiques who sent their workers home in the early days of the pandemic are watching with wary eyes ...
Labor/Employment, 9th U.S. Circuit Court of Appeals
The ‘don’ts’ of drafting employment arbitration agreements
By Arthur F. Silbergeld, Kacey R. Riccomini
A recent 9th Circuit ruling provides guidance on how to draft agreements that are neither procedurally nor substantively uncon...
The Court of Star Chamber: lessons for judges and counsel
By William M. Crosby
Trial judges and counsel in final argument are well advised, after thanking the jurors for their service, to remind them of th...
Law Practice, Entertainment & Sports
Lawyers and popular culture: A conversation with Michael Asimow
By William Domnarski
The longtime professor at the UCLA and Stanford Law Schools, and now at Santa Clara, does professionally what most of us do fo...
Government
Jan 6 investigation shouldn’t be shaped by claims of executive privilege
By John H. Minan
Former Acting Attorney General Jeff Rosen has testified before members of the Senate Judiciary Committee on former Donald Trum...
Environmental & Energy
Colorado River shortage: How does it affect California?
By Sean T. Hood
If trends continue, California could lose Colorado River water supply.
As COVID-19 forces counsel to make remote court appearances, an inadvertent casualty of the pandemic is that some attorneys ar...
Ethics/Professional Responsibility
5 lousy reasons to fire and sue your lawyer
By Louie H. Castoria
Legal malpractice claims are most often caused by failures to communicate and can be avoided by successful two-way communicati...
Criminal
Let’s not forget about criminal justice reform during the pandemic
By John R. Mills
As we face the most challenging public health crisis of our lifetime, we should not forget how that crisis interacts with and ...
Military Law, Data Privacy
Military AI programs raise concerns over false identification
By Anita Taff-Rice
The military’s use of AI technology has sparked concerns that combat decisions could be made solely by computers, which could ...
Are there still tax issues in sexual abuse and sexual harassment cases? You bet. Whether arising from clergy sex abuse, athlet...
Securities, Corporate
SEC approves Nasdaq’s disclosure-based approach to improving diversity
By Virginia F. Milstead, Kasonni Scales
The new rule changes pertaining to board diversity, which require that companies “publicly disclose board-level diversity stat...
Labor/Employment
COVID long-haulers likely covered by the ADA
By Dan M. Forman, Allison O. Chua
Many people who contract COVID-19 recover completely within a few weeks. However, some individuals continue to experience symp...
Family
Court: premarital agreements that don’t comply with rules are void
By Franklin R. Garfield
In the context of an action for legal malpractice, the 2nd District Court of Appeal reminded family law practitioners that the...