Military Law
Medical malpractice in the military: Our veterans deserve better
By Michael E. Rubinstein
Sergeant First Class Richard Stayskal would get his second chance. Stayskal, who’s lung cancer was misdiagnosed by Army doctor...
Intellectual Property, Civil Litigation
Privilege waiver and good faith reliance on non-privileged information
By Richard S.J. Hung, Yuqing Cui
If extended to the context of willful patent infringement, a recent ruling would suggest an implied privilege waiver in many c...
Government, Environmental & Energy, Administrative/Regulatory
Priorities for President-elect Joe Biden’s EPA
By Richard M. Frank
It’s been a long and dispiriting four years for the U.S. Environmental Protection Agency under President Donald Trump.
Government, Environmental & Energy, Administrative/Regulatory
Searching for regulatory certainty in an uncertain world
By Gerald George
As it began, so it ends. Over the past four years, the Trump administration has proposed a multitude of changes to environment...
Intellectual Property
Intellectual property protection for cannabis businesses
By Jonathan Landis
Cannabis businesses have been able to find creative solutions for protecting their intellectual property rights — at least to...
Insurance, Environmental & Energy
Defining environmental contamination insurance costs
By Jordan Stanzler
Policyholders seek to maximize the benefits of insurance by characterizing costs as defense costs, while insurance companies s...
Civil Litigation
Supplemental discovery requests: underused tool in an era of delay
By Sarah A. Thompson
The supplemental request is an often underutilized tool in discovery in the current litigation environment. It’s so underutili...
Technology, Law Practice, Antitrust & Trade Reg.
Amping antitrust vigilance via artificial intelligence
By Lance Eliot
There is a resurgence of interest in antitrust laws, aimed especially at the tech field and qualms about tech firms that have ...
U.S. Supreme Court, Criminal
Fair or foul?: CFAA arguments in the US Supreme Court
By Patrick Hammon
The court will decide whether the Computer Fraud and Abuse Act is essentially an anti-hacking statute or a data protection sta...
Law Practice, Judges and Judiciary, California Supreme Court
Disability terminology: The California Supreme Court sets the tone
By Thomas F. Coleman
When it comes to terminology that is acceptable in legal briefs and judicial opinions, the California Style Manual is the bibl...
Law Practice, Civil Litigation
2020 laws impact civil bar, more to come in the new year
By Saveena Takhar
By the time the session closed on Sept. 30, less than half the typical number of bills had won final approval, with 372 chapte...
Labor/Employment, Civil Litigation, California Courts of Appeal
Ruling extends ‘home base’ rule to apply Labor Code to oil rigs
By David E. Mastagni, Taylor Davies-Mahaffey
An appellate court held that California labor laws applied to crew members on a boat that docked at a California port and prov...
Law Practice, Appellate Practice
Amicus participation in appellate litigation: a guide
By Johanna Schiavoni
Since the goal is to present your case in a complete and helpful way, and ultimately to persuade the appellate court to agree ...
U.S. Supreme Court, Constitutional Law
High court continues much-needed unity in religion case
By James A. Sonne
A recent U.S. Supreme Court decision continues an important yet overlooked trend at the court since the early 1990s: broad agr...
Entertainment & Sports, Civil Litigation, Antitrust & Trade Reg.
Sports world facing antitrust scrutiny along with tech giants
By Garrett R. Broshuis
Antitrust law is back in the spotlight.
Covid Columns, Civil Litigation
When tuna rolls and $32 ribs are essential items
By Scott Pressman, Allison M. Scott
Essentials during an emergency: Gasoline? Check. Groceries? Check. Medicine? Check. $32 restaurant prepared barbecue ribs? …Ch...
A case for making it easier to amend the United States Constitution
By Roy UIrich
Article V should be amended by reducing the state ratification threshold from three-fourths to two-thirds. This would make the...
Letters, Criminal
Column misinterpreted Los Angeles DA Gascón’s policy directive on bail
By Ana Maria Lopez
Jeffrey Clayton’s Dec. 22 column, “Gascón lacks authority to end cash bail,” grossly misinterpreted District Attorney George G...
Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Qui tam actions can avoid arbitration in California
By Marc D. Alexander
A recent appellate opinion held that a qui tam action involving the California Insurance Fraud Protection Act to combat insura...
Law Practice, Civil Litigation, Alternative Dispute Resolution
Discovery referees: A useful tool
By Michael S. Fields
For or complex discovery issues, reference to a discovery referee can help expedite the trial process.
Administrative/Regulatory
Coastal Commission tries to claim authority over building permits
By Jeremy B. Talcott
Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...
Law Practice
Law firms should recognize their ‘Rudolphs’
By Nathan M. Davis, Juanita Fernandez
Take time to recognize and honor the different identities on your team
Corporate, Antitrust & Trade Reg., Administrative/Regulatory
Divided. Will conquer? Google faces 3 distinct challenges to its conduct
By Patrick E. O’Shaughnessy
Time will tell whether the divided approach in the Google antitrust cases will work.
Law Practice, Ethics/Professional Responsibility, California Courts of Appeal, Alternative Dispute Resolution
Attorney sanctioned for frivolous attack on arbitration award
By Michael H. Leb
The gist: “The Court of Appeal is not an appropriate forum to peddle far-fetched conspiracy theories, laced with sexism and ho...
Law Practice, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Ruling emphasizes need to clarify who decides arbitrability questions
By Robert S. Amador
A recent case emphasizes the importance of proper drafting of arbitration clauses in order to ensure the likelihood an arbitra...
Construction, Civil Litigation, California Courts of Appeal
Manufacturers aren’t insulated from liability just because products are installed in a new home
By Mark S. Roth
A recent appellate ruling clarifies that product manufacturers can escape liability simply because their defective products ar...
Workers’ compensation presumption for COVID-19: a review
By Arash Homampour
In the early days of the coronavirus pandemic, California took swift action to protect workers and the public.
Real Estate/Development, Government, Covid Columns
Moratorium on unlawful detainer actions: a time line
By Ebony A. Koger
Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...
Criminal
The criminal justice pendulum is headed in the right direction, but prosecutors should proceed with caution
By Eugene M. Hyman
County prosecutors are embracing the obsoletion of misdemeanors as a remedy for an overburdened criminal justice system, relyi...