U.S. Supreme Court
Use of ‘deliberative process privilege’ ruling is a narrow win for government
By Charles Yates, Damien M. Schiff
As the administrative state has expanded, so too has the importance of the Freedom of Information Act. FOIA ensures public scr...
Tax, Civil Litigation, Books
Guide to taxes, damages and settlements makes litigators’ jobs easier
By Jeremy Babener
Rob Wood’s treatise, “Taxation of Damage Awards & Settlement Payments,” has long been the go-to guide for tax issues surro...
Alternative Dispute Resolution
Mediator’s proposals: value and unintended consequences
By Greg Derin
When appropriate, a mediator’s proposal can be deployed to great effect. But it’s just one tool at a mediator’s disposal.
Law Practice, Ethics/Professional Responsibility, California Courts of Appeal
Adjudicating attorney fee disputes: A new Pech-ing order
By Patrick M. Maloney, Carl I.S. Mueller
A recent appellate ruling grants an advantage to attorneys caught up in fee disputes.
Technology, Law Practice
Thinking fast and thinking slow about the law and AI
By Lance Eliot
There is an ongoing theory that the mind has a twofold capacity of thinking fast and thinking slow. This controversial and arg...
Law Practice
Advocatus diaboli: Solving problems of case evaluation
By Curtis E.A. Karnow
Good lawyers discuss the negatives with clients; but that is tough to do with some clients at the same time as billing the hou...
Criminal, Appellate Practice
Man eavesdrops on himself with prostitutes; conviction upheld
By Dmitry Gorin, Alan Eisner
An appellate court upheld the conviction of a man found guilty of violating anti-wiretapping laws by filming himself with pros...
Labor/Employment, Government
The PRO Act and the future of American labor law
By Mark S. Spring
It would be the most comprehensive piece of labor legislation to be enacted since 1935, when the National Labor Relations Act ...
U.S. Supreme Court, Constitutional Law
Nominal damages sufficient for Article III standing; dissent warns of ‘major expansion’ of courts’ role
By Anna McLean, Michael A. Lundholm
The U.S. Supreme Court addressed the question whether nominal damages for a past violation of legal rights satisfies the redre...
Law Practice, Family, California Courts of Appeal
Incivility ruling has implications for divorce litigators
By Franklin R. Garfield
As the court held: “Trial judges deciding motions for attorney fees properly may consider whether the attorney seeking the fee...
U.S. Supreme Court, Intellectual Property, Constitutional Law
Supreme Court tackles role of administrative judges on PTAB
By Darren M. Franklin
Earlier this month, the U.S. Supreme Court heard oral arguments in a case that has the potential to upend thousands of decisio...
Environmental & Energy
The future of water rights in California: water futures trading?
By Willis Hon
At the end of last year, the Chicago Mercantile Exchange (the “Merc”) began allowing trading of water futures through a new fu...
Law Practice
Embracing remote working also opens the door to new cyberthreats
By Anita Taff-Rice
Law firm reliance on technology has opened the door for things more sinister and new cyberthreats targeting law firms may be p...
Criminal
Liability for use of deadly force under California, federal law
By Sunny H. Huynh
Negligence Claims Under California Law Encompass a Broader Spectrum of Conduct Than Excessive Force Claims Under the Fourth Am...
The United States is a democracy, and the majority should govern.
It is often said that picking a jury is the most important part of the trial. In the case of the Minnesota v. Chauvin, the sec...
Real Estate/Development, Land Use, Government
City attorneys: generate revenue, prevent crime and reduce blight
By Ryan Griffith
Neighborhood Law Programs are a way to get young lawyers experience to deal with nuisances that senior attorneys do not have t...
Criminal, California Supreme Court
The unknowable weight of separateness
By Brian M. Hoffstadt
The separation of powers doctrine has been described by the courts as both “important” and “fundamental.” But how important is...
Law Practice, Ethics/Professional Responsibility
CLA issues its first advisory opinion on ethical screens
By Neil J Wertlieb
The California Lawyers Association recently issued its first formal advisory opinion tackling the practical issue of what cons...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 19: "How do I prepare for oral argument?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.
Law Practice, Civil Litigation
Settling successfully: Guidance for crafting proper 998 offers
By Charles M. Kagay
These days most lawsuits settle in the trial court and therefore never go up on appeal. Code of Civil Procedure Section 998 is...
U.S. Supreme Court, Labor/Employment, 9th U.S. Circuit Court of Appeals
Ruling: Agreements can’t bar access to public injunctive relief
By Glenn A. Danas
The tension between the definition of public injunctive relief — a remedy that inures primarily to the benefit of the general ...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
High court should take opportunity to restore the right to exclude
By Damien M. Schiff
A fundamental aspect of private property is that the owner can choose whom to let onto the property and who to exclude as a tr...
Law Practice, Ethics/Professional Responsibility
Ethical billing: avoiding scum and villainy
By Brandon Krueger
To paraphrase Obi Wan Kenobi, in the hands of unscrupulous and unethical attorneys, legal billings can be a wretched hive of s...
Corporate, 9th U.S. Circuit Court of Appeals
Arguments on California’s corporate board gender mandate
By Jen Rubin
California’s groundbreaking gender parity law for public company boards is the subject of two legal challenges, one of which c...
Law Practice, Law Office Management
What is your law firm really worth?
By Daniel O'Rielly, Dena Roche
In our practice advising California law firms, one of the questions we hear most often from our clients, in some form or anoth...
Law Practice, Alternative Dispute Resolution
When does it make sense and how to get a special master?
By Daniel B. Garrie, Gail A. Andler
Special masters are nominated by counsel or appointed through a court, arbitrator or other decision-making body with a mandate...
Letters, Judges and Judiciary
Judicial Council survey confirms people with disabilities underrepresented on the bench
By Peter A. Lynch
People with disabilities who make up 20% of California’s population are not being proportionately appointed to the California ...
If both the common and legal meaning of “gift” are the same, why are gifts given during marriage not always a gift? Because in...
On Feb. 26, Judge Amy Berman Jackson granted Sherwin’s motion, and entered an order vacating the court’s earlier decision dire...