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Organized labor, among others, is aggressively pushing the Senate to pass the Protective the Right to Organize Act, commonly r...


Family

271 sanctions: game changer or just the bogeyman?

MCLE
May 10, 2021
By Scott J. Nord

“Your honor, we are asking for 271 sanctions against the other party” is the refrain often hurled by one, or both, counsel dur...


Law Practice, Appellate Practice

The appellate process has many limitations that can deter a disappointed litigant’s pursuit of relief on appeal.


Judges and Judiciary, California Courts of Appeal, Appellate Practice

Fixing appellate delay

May 7, 2021
By Jon B. Eisenberg

Three months ago, I filed a complaint with the Commission on Judicial Performance about egregious decisional delay by three ju...


Law Practice, California Courts of Appeal, Appellate Practice

The importance of judicial economy

MCLE
May 7, 2021
By David M. Axelrad

As litigation becomes more complex and courts continue to be over-burdened, the principles of judicial economy and efficiency ...


Letters, Judges and Judiciary

Protecting our courts is protecting the rule of law

May 7, 2021
By Thomas A. Delaney, Nicole Virga Bautista

The California Judges Association applauds the Daily Journal for publishing: “Lawyers must help protect judges,” on April 23.


Law Practice, Ethics/Professional Responsibility

Tips for avoiding risk when acting as replacement counsel

May 7, 2021
By Shari L. Klevens, Alanna G. Clair

When clients choose their attorneys, they place faith in the attorney to handle the matter effectively and consistently with t...


Law Practice, Alternative Dispute Resolution

Full disclosure: I’ve learned and practiced in the litigation and trial system for over 25 years. Yet, it appears more and mor...


Labor/Employment

Former employees of Scott Rudin have alleged the prominent Hollywood and Broadway producer engaged in extreme workplace conduc...


Criminal, Constitutional Law

Crime victims in California are being denied due process

May 6, 2021
By Antonio R. Sarabia II

Crime victims have California constitutional rights to be heard in criminal cases and to restitution for any losses caused by ...


Technology, Labor/Employment

Cryptocurrency is the future of money in a world where cash is becoming obsolete. But until the world catches up with the cryp...


Labor/Employment, Government

What Joe Biden’s vow to be the most pro-union president means

May 6, 2021
By Lori Armstrong Halber, Kirsten B. White

Unions have a champion in President Joe Biden, and all employers — whether currently unionized or not — need to be prepared. T...


Technology, Law Practice

There is a lot of discussion about AI for Good, along with qualms about AI for Bad. The Bad AI is likely to become the subject...


Law Practice, California Supreme Court

John Fremont and Mexican land grands in California

May 6, 2021
By Donald E. Warner

The Treaty of Guadalupe Hidalgo ending the Mexican-American War was entered into by Mexico and the United States on Feb. 2, 19...


The three guilty verdicts handed down in Derek Chauvin’s case last month were a uniquely American rarity; a glimmer of justice...


Government

Infrastructure: Where we’re going and how we plan to get there

May 6, 2021
By Elizabeth Dubeck, Denise Raytis

On March 31, the Biden administration released its American Jobs Plan, an ambitious conceptual proposal around which implement...


Labor/Employment, 9th U.S. Circuit Court of Appeals

Ruling sets up worker classification test for high court review

May 5, 2021
By Joshua Lipshutz, Thomas F. Cochrane

Truckers have been described as America’s last cowboys. For more than 70 years, independent owner-operators have moved the nat...


Labor/Employment, 9th U.S. Circuit Court of Appeals

On April 28, the wheels came off the California trucking industry’s big rig. An appellate panel of the 9th U.S. Circuit Court ...


Civil Rights

Three California civil rights enforcement agencies are effectively missing in action when it comes to protecting people with d...


Construction

Most construction attorneys know that “pay-when-paid” contractual provisions are enforceable but that “pay-if-paid” contractua...


U.S. Supreme Court, Constitutional Law

In Caniglia v. Strom, 20-157, the U.S. Supreme Court granted certiorari to decide whether there is a “community caretaker” exc...


Criminal, Constitutional Law

Take qualified immunity out of the equation

May 4, 2021
By Sanford Jay Rosen

It is time to take “qualified immunity” out of the police and government accountability equation. It is a judicial construct t...


Civil Litigation

In a 2020 revenge porn lawsuit by former congresswoman Katie Hill, Hill alleged that her privacy was violated when her ex-husb...


Criminal

Court upholds Terry stop and frisk, prompting strong dissent

May 4, 2021
By Dmitry Gorin, Alan Eisner

Flores is a disappointing result for the defense bar, who might have reasonably concluded that a suspect who simply ducks and ...


Intellectual Property

Many are surprised to learn that a scent can be a trademark.


Torts/Personal Injury, Civil Litigation

When the California Supreme Court took up Brown v. USA Taekwondo, these organizations hoped for a judicial victory limiting th...


The subtleties of both implicit and explicit biases are not limited to our streets and neighborhoods, boardrooms or courthouse...


Law Practice, Judges and Judiciary, California Courts of Appeal

Revelations II

May 3, 2021
By Arthur Gilbert

The intriguing title of my February column “Revelations” was an intimate look (not exposé) on how appellate opinions are “proc...


Law Practice, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Law Practice, Appellate Practice

Once upon a time, the State Bar of California not only licensed, regulated and disciplined lawyers, but also formed committees...