Judges and Judiciary, Civil Litigation
The Special Verdict Paradox: Part II
By Michael J. Raphael
Is there a way that a rational civil jury can find on a special verdict form that a plaintiff has proven all the elements of a...
SB 10 and AB 42 will upend the entire statewide pretrial detention system and bypass the valuable input of the upcoming judici...
LA County Judge Mark Kim says attorneys can count on his predictable decision-making.
Probate, Government
Law only partially addresses post-death treatment of digital assets
By Megan Lisa Jones
Apple recently denied Peggy Bush access to her deceased husband, David's, Apple ID password so she could reload an already pur...
Tesla Inc. -- the famed electric car company named after Serbian physicist Nikola Tesla -- has done what many considered to be...
In style, Trump's administration is a remarkable departure from modern presidential history.
U.S. Supreme Court, Civil Litigation, Intellectual Property
Federal Circuit changes its tune on personal jurisdiction
By Amy E. Hayden
This decision represents an apparent departure from prior jurisprudence on this issue, and a return to a holistic consideratio...
Government, Administrative/Regulatory
Ballot initiative fails to address subset of inmates
By Sharif E. Jacob, Andrea Nill Sanchez
Proposition 57 as currently written will do little (if anything) to reduce overcrowding caused by parole eligible life-term in...
Well-stated facts in appeals sway appellate judges more effectively than skillfully argued arguments.
23andMe green light is a shift for FDA
By James R. Ravitz, Paul Gadiock
The April authorization for the genetic health test represents a dramatic change in FDA's longstanding policy on consumer-orie...
I read recently that conservative justices interrupt liberal justices at higher rates than vice verse — and, in another shocke...
Santa Ana Judge Gerald Johnston enjoys the intellectual and interpersonal challenges of probate.
Law Practice
Why was I awarded nothing in mandatory fee arbitration?
By Jonathan A. Goldstein
Why did I lose when I did the work? This is the question most attorneys ask when they participate in fee arbitration with a fo...
Labor/Employment
Brush up on California's planned minimum wage increases
By Bryan L. Hawkins
California employers need to be aware that recent and future minimum wage increases affect designations of exempt employees.
Two bills that were recently introduced in the California Legislature's February session that impact asbestos litigation: Sena...
Judges and Judiciary
A conversation with the chief justice of Bhutan
By Julie L. Kessler
I recently found myself in the landlocked Himalayan nation of Bhutan. Sandwiched between China and India, Bhutan is small -- j...
Summertime romances are great, just not with the summer associates, and other rules to keep in mind as law students flood law ...
Law Practice, Ethics/Professional Responsibility
Breach of fiduciary duty vs professional negligence
By Kenneth C. Feldman, David D. Samani
Armed with a recent appellate decision, trial courts should readily sustain demurrers where such causes of action are nothing ...
U.S. Supreme Court, Native Americans
Tribal sovereignty at the high court
By Jeremy K. Robinson
A recent Supreme Court ruling is an important decision and could expose tribes to new liability in state and federal courts.
It was April 29, 1992, and Los Angeles was on fire. The spark? A not-guilty verdict for the four Los Angeles Police Department...
Ethics/Professional Responsibility
Conflict of interest: current clients (Rule 1.7)
By David M. Majchrzak
If adopted, Rule 1.7 will be a remarkable response to the Supreme Court's letter rejecting the previous package of proposed ru...
Environmental & Energy, Administrative/Regulatory
Bill addresses private Proposition 65 enforcement
By Daniel J. Herling
Assembly Bill 1583 provides an effective enforcement mechanism for the California Safe Drinking Water Toxic Enforcement Act, a...
In a recent decision the Delaware Court of Chancery provided guidance on grants of equity awards to directors. ...
At the hearing held before U.S. District Judge William H. Orrick in San Francisco on April 14, the lawyer defending Trump's or...
Immigration, Criminal
Using our courthouses as bait is illegal and un-American
By Jeff Adachi
It was only a matter of time before the escalating feud between California and President Donald J. Trump has finally arrived o...
Law Practice, Judges and Judiciary, Civil Litigation
The Special Verdict Paradox: Part I
By Michael J. Raphael
If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...
It was a relatively easy case for Judge William H. Orrick given the Trump administration's failure to carefully draft a detail...
Civil Litigation, Labor/Employment
Think twice before attempting to 'pick off' PAGA plaintiffs
By David S. Winston
While initially it may seem enticing to attempt to pick-off the PAGA representative, it likely would only increase the employe...
Adopting a mentality focused on planning but capable of improvisation is essential to solo success, particularly in a rapidly ...
Civil Litigation, Ethics/Professional Responsibility
Lawyer as witness (Rule 3.7)
By Raymond Y. Ryan
New proposed Rule 3.7 broadens the existing rule to render it unethical for an advocating lawyer to testify in the same bench ...