Criminal
Review the rules requiring corroboration of accomplice testimony
By Gregory L. Prickett
The objective of this article and accompanying self-study test is to review the rules regarding the requirement that testimony...
Law Practice, Ethics/Professional Responsibility, Covid Columns
Client communications during COVID-19
By Louie H. Castoria
California's Rules of Professional Conduct are primarily about one thing: communication. And communicating effectively with cl...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
A tale of civility
By Patrick M. Kelly
The story behind the State Bar oath become more.... civil.
Labor/Employment, Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals
Ruling demonstrates when employers are agents of insurers
By Robert J. McKennon
A recent 9th Circuit decision affirms that in the context of employer-sponsored benefits, the employer is the agent of the ins...
State Bar & Bar Associations, Legal Education, Law Practice
Who benefits if 1390 cut score is used for provisional licenses?
By Mitchel L. Winick
The State Bar of California Provisional License Working Group released a memorandum last week supporting a proposal to impleme...
Tax, Law Practice
Remember, IRS taxes most settlements, exact wording matters
By Robert W. Wood
If you are a plaintiff, you should care about taxes, and if you are a plaintiff’s lawyer, you should make sure your client tak...
Constitutional Law, 9th U.S. Circuit Court of Appeals
‘Finality’ may be the next key issue in takings litigation
By Daniel Quinley
Just what makes a decision “final” enough to support a Fifth Amendment takings claim?
Law Practice, Civil Litigation
The nuts and bolts of jury instructions in California
By Michelle G. Lee
You have marshalled your evidence, tagged your exhibits, scheduled your witnesses, and drafted your motions in limine. Now it ...
Law Practice
An interview with: Taina Gomez, Solano County DPD
By Mallika Kaur, Taina Gomez
Mallika speaks to a deputy public defender about what the last decade of indigent defense work has taught her about the diffic...
Winning strategies for lawyers learned in military court
By Joseph H. Low
In recent years I have had the good fortune to obtain large verdicts for my personal injury clients, including three of the to...
Law Practice, Intellectual Property, Covid Columns
Practicing intellectual property law during a pandemic
By Ankur Garg
The pandemic has affected virtually every aspect of the practice of law. But we have heard little about how intellectual prope...
Technology, Law Practice
Pure logic alone is insufficient on the path toward AI and the law
By Lance Eliot
A common assumption is that the law ought to be readily codified into a form of pure logic and thus amenable to easily being e...
Criminal
California’s new misdemeanor diversion law is fatally flawed
By Todd A. Spitzer
While Assembly Bill 3234 has been touted as a saving grace for first-time misdemeanor offenders who may be offered diversion b...
Civil Litigation, Administrative/Regulatory
Twitter, Hunter Biden and the CDA’s Section 230 safe harbor
By Daniel Rozansky, Cristy Jonelis
Twitter is once again making headlines after blocking users from tweeting two New York Post articles on the basis that the art...
U.S. Supreme Court, Civil Litigation, Appellate Practice
Court to weigh appellate jurisdiction under removal statutes
By John F. Querio, Lacey L. Estudillo
This term, the U.S. Supreme Court will address whether 28 U.S.C. Section 1447(d) permits a federal court of appeals to review ...
Data Privacy, Covid Columns, Corporate
Ransomware attacks leave companies with a Catch-22 decision
By Anita Taff-Rice
Ransomware attacks are carried out by cyber criminals who hack a company’s computer systems and encrypt or otherwise block acc...
Tax, Corporate
Choice of entity dynamics for businesses could change yet again
By Robert W. Wood
2021 seems likely to hold big tax changes, but how much higher will they go, and on what specifically?
Torts/Personal Injury, Probate, Family, Covid Columns
Tidal wave of financial elder abuse cases will hit after COVID
By Scott E. Rahn
As quarantine restrictions loosen around the country and people have access to family members, cases of financial elder abuse ...
Family, Covid Columns
Custody during the pandemic: When the bubble bursts
By Cara L. Boroda
The courts informed the public that the pandemic was not a time to change agreements and hard-won orders and to deviate from l...
Corporate, Civil Rights, Civil Litigation
Shareholder derivative suits focus on diversity at the top
By Virginia F. Milstead, Peter B. Morrison
Over the past few months, a spate of shareholder derivative actions and new California legislation have focused on diversity a...
Immigration
Victories affirm California's right to protect immigrants in detention
By Jackie Gonzalez, Hamid Yazdan Panah
Earlier this month, a federal district court issued a ruling largely upholding the constitutionality of Assembly Bill 32, a la...
Securities, Corporate
Ruling addresses ‘corrective disclosures’ in securities suits
By D. Scott Carlton, April Hua
The 9th Circuit recently issued yet another opinion seeking to clarify what constitutes a “corrective disclosure” of fraudulen...
Government
Parties set for hearing on declassification of Mueller investigation
By John H. Minan
On Oct. 6, litigation over access to documents related to the investigation into Russian interference in the 2016 election too...
Tax, Real Estate/Development, Government
Props 15 and 19: What voters need to know about property tax changes
By Sophia Y. Cizmarik
We are all being inundated with news coverage of the presidential race and information about the candidates. However, far less...
Justice Neil Gorsuch and the rule of law
By Alan Charles Dell'Ario
As he wrote in two recent decisions, consequences of federal laws unforeseen by their drafters are no reason to decline to app...
Adapting to conservative courts
By Myron Moskovitz
In my salad days, I went through something similar to what we’re seeing on the courts today. It requires adjustments, not surr...
Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Congressional bill seeks to resolve student athlete compensation debate
By Jonathan Faria
Congress appears ready to enter the ongoing battle for control over the NCAA’s amateurism rules with the introduction of the b...
Government, Constitutional Law
Emoluments case rejection weakens a constitutional guardrail
By John H. Minan
On Oct. 13, the Supreme Court denied the plaintiffs’ petition for certiorari in a case accusing the president of violating the...
Government
Proposition 18: Should we allow 17-year-olds to vote in elections?
By Paul Kujawsky
There’s a sound physiological reason that teens on average are less prudent than adults. The prefrontal cortex governing behav...
Real Estate/Development, Banking
SB 1079 is a set back for both lenders and borrowers
By Robert S. McWhorter, Jarrett Osborne-Revis
This bill makes nonjudicial foreclosures slower, more expensive, and a less appealing remedy against defaulting trustors-debto...