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Government, Constitutional Law

Moore v. Harper will exonerate Trump

Aug. 9, 2023
By Richard A. Nixon

Mr. Trump was simply following advice given to him by his attorneys. He was following their advice and the text of his positio...


Law Practice, Appellate Practice

Is the “truth” revealed in an appellate court decision always applied retroactively? No. Courts refuse to apply decisions retr...


Civil Rights, 9th U.S. Circuit Court of Appeals

Judges, like most of us, like to clear out cases that are time-consuming and aren't going anywhere. In Jones, the distr...


Insurance, Contracts, Civil Procedure

Insurance bad faith litigation: Pre-suit and time-limited demands

MCLE
Aug. 8, 2023
By Reza Torkzadeh, Allen P. Wilkinson

On Jan. 1, 2023, Code of Civil Procedure (CCP) sections 999 - 999.5 took effect for all pre-suit and pre-arbitration time-limi...


Military Law, Government, Civil Litigation

Feres Doctrine's day off

Aug. 8, 2023
By Eileen C. Moore

The federal government paid almost $1 million to settle a military sexual assault lawsuit even though it is immune from being ...


Law Practice, Immigration

Solo practice for the virtual immigration lawyer

Aug. 8, 2023
By Paola I. Neri-Michel

What makes virtual law practice so appealing is its efficiency. You are more productive when you can manage your law practice ...


Labor/Employment, Civil Rights

During the early 1900s, sporadic violence had erupted between west coast shipping companies and longshoremen, but the companie...


Paul Kiesel and Jeffrey Koncius of Kiesel Law LLP discover that generative artificial intelligence responds better to polite r...


Sylvia White-Irby oversees a 47-member team whose primary purpose is to make sure that the judicial and executive officers at ...


Guide to Legal Writing

Column composed by a Human

Aug. 7, 2023
By Arthur Gilbert

Make the brief short, even though it takes a longer time to write. Use Ockham’s razor and cut, cut, and then cut some more. If...


Labor/Employment

The Freelance Worker Protections Ordinance went into effect a little over a month ago. Businesses should pay the Ordinance the...


Labor/Employment

The Strike! Part 4: At the bargaining table

Aug. 7, 2023
By Myron Moskovitz

It was now almost 4 a.m. the next morning! If we didn’t come to an agreement by 5 a.m. at the latest, no workers would appear ...


Family

Culturally, annulment is an action to make right a societal wrong. A spouse may start it, the government, or any affected part...


Technology, Corporate, Administrative/Regulatory

Historically companies have underestimated the magnitude of cybersecurity risks. It’s not just ‘another risk variable’; it’s a...


U.S. Supreme Court

Long lines, heavy rocks – and sausages

Aug. 4, 2023
By Mitchell Keiter

From crime to climate change to COVID, the U.S. Supreme Court is rejecting the view that the public must defer to expert weigh...


Criminal, Civil Procedure

Bail denial shortcuts won't pass muster under Humphrey

Aug. 4, 2023
By Alan Eisner, Robert Hill

Yedinak confirms that the Courts of Appeal should continue to enforce the Humphrey decision against trial courts.


Ethics/Professional Responsibility

How to keep a cool head if you get sued

Aug. 4, 2023
By Shari L. Klevens, Alanna G. Clair

Legal malpractice lawsuits are among the most expensive types of litigation because a plaintiff is often required to prove the...


"The time for making distinctions based on race had passed." Students for Fair Admissions, Inc. v. President & Fellows of ...


In an all-too-common sequence of events, Professor Elizabeth Weiss became the target of an activist campaign after she publish...


Tax

IRS notice and demand letter causes confusion

Aug. 3, 2023
By Phil Jelsma

Any kind of correspondence from the IRS can provoke anxiety, so many Californians are understandably apprehensive and confused...


Data Privacy

Even when used to improve safety, in-car cameras risk running afoul of rights provided by California’s robust data privacy reg...


Government, Constitutional Law

I, Warren, do solemnly swear…

Aug. 3, 2023
By James Attridge

The Constitution was rotting away in a file at the State Department. When Warren Harding ordered that it be covered by a prote...


Torts/Personal Injury, Covid Court Ops, California Supreme Court

California Supreme Court Review: July 2023

Aug. 3, 2023
By Ishika Desai

As COVID-19 infections appear to be on the rise this summer, California employers may, for now, breathe a sigh of relief that ...


Family, Entertainment & Sports

When we normalize domestic violence through songs, movies and other cultural events, we are slowly desensitizing ourselves to ...


Law Practice

Doll wars and the perils of perfection

Aug. 2, 2023
By Panda L. Kroll

A 2015 Barbie commercial for the doll boasts in all caps, "When a Girl Plays with Barbie, She Imagines Everything She Can Beco...


Government, Criminal, Civil Rights

Why the LA Public Defender's Office shouldn't downplay MALDEF's lawsuit

Aug. 2, 2023
By Jennifer Judge, Michael Judge Jr.

The last time that MALDEF sued L.A. County was in 1988. Its victory over racial discrimination led to the election of Gloria ...


Take my appeal, please!

Aug. 2, 2023
By James C. Martin, David J. de Jesus

The pragmatic legal standard espoused in cases like Muller flows from the idea that appellate courts should review and settle ...


The movie resonated with me, causing me to reflect on my career as a female trial lawyer in America. I have worked my entire c...


Rights offerings - another capital raising tool

Aug. 2, 2023
By Sara L. Terheggen

Rights offerings is one of the most equitable forms of financing for a company that's looking to reduce the impact of dilution...


Constitutional Law

Adequate time simply doesn’t exist for our mental health court lawyers who are each juggling hundreds of cases. As a result th...