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Contracts, California Courts of Appeal

Recent California Appeals Court decisions reveal that although COVID-19 certainly classified as a force majeure, individualize...


Appellate Practice

The appeal of putting an appellate lawyer on a trial team

May 12, 2023
By Thomas G. Sprankling

It is becoming increasingly common for appellate attorneys to embed themselves in a trial team just weeks or months before the...


Civil Litigation

How third-party litigation financing works, and who benefits

MCLE
May 12, 2023
By Reza Torkzadeh, Allen P. Wilkinson

Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance ca...


Health Care & Hospital Law, Government

It is important to recognize the broad reach of the courts’ decisions in this case, the potential impacts of which are not lim...


California Supreme Court

California Supreme Court Review: April 2023

May 11, 2023
By Andrew S. Ong, Ariel E. Rogers

Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger cove...


Letters

While the plaintiffs in this case may end up dodging the bullet, the opinion still remains a wary trap for litigators and it i...


Labor/Employment, Government

The California Civil Rights Department will be required to collect and analyze data on caste discrimination complaints, which ...


Government

How to enact a California bill

May 10, 2023
By Shaun D. Jacobs

The legislative process is exciting. As lawyers, it is important to be involved in the legislative process because we know how...


Torts/Personal Injury, Insurance

While it is arguably much easier for defense attorneys to determine their clients’ applicable policy limits, it is nearly impo...


Judges and Judiciary

The painting’s subject matter and its centerpiece-placement at Crow’s private luxury resort show not just the importance of th...


Alternative Dispute Resolution

The behind-the-scenes negotiations between Fox News and Dominion Voting Systems ended up accomplishing far more, in terms of a...


Law Practice, Ethics/Professional Responsibility

Beyond compliance: elevating your legal practice with ethical excellence

May 9, 2023
By George Cardona, Catherine Ongiri


Government, Criminal, California Courts of Appeal

The Court analogized the allegations of harassment, which included throwing rocks at visitors, running over people with surfbo...


Alternative Dispute Resolution

Arbitration can be a valuable alternative dispute resolution method for CCPA’s private right of action. It is faster, less exp...


Ethics/Professional Responsibility, Class Action

Ethical considerations in settling class actions

May 8, 2023
By Lauren M. Blas, Wesley Sze

Class settlements often involve unique deal terms that can implicate counsel's ethical obligations. Two areas that have been t...


Government, Constitutional Law

If the case moves in Disney’s favor, it could set a precedent that leads to greater corporation freedom. While this could pote...


In a cultural setting, the basis for attorney payment is appreciation for services, not hourly work or wage payment.


U.S. Supreme Court, Legal Education

The Dust Bowl and the Supreme Court (Part II)

May 8, 2023
By John S. Caragozian

California’s Depression-era anti-Okie law had three ironic endings, none of which could have been contemplated at the time by ...


Code of Civil Procedure Section 203(a)(6) states: All persons are eligible and qualified to be prospective trial jurors...


Entertainment & Sports

Stream It Tonight! 'Leave Her to Heaven' (1945)

May 5, 2023
By Paul Bergman, Michael Asimow

Vincent Price plays the part of a prosecutor who ignores both evidence rules and the Constitution by calling the defendant as ...


Family

Welcome to a healthy divorce

May 5, 2023
By Robin Sax

HEALTHY Divorce was created at the height of the pandemic as a way to reduce the negative physical and mental health outcomes ...


Labor/Employment


“In the context of litigation between insurers, “[a]lthough courts often use the terms `equitable contribution,’ `equitable in...


Ethics/Professional Responsibility

Evaluating claims and risks of hindsight

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

Attorneys who fail to give a valuation its due consideration could create unnecessary risk in the event things go sideways.


Labor/Employment, California Supreme Court

Given the divergence in approaches on the "good faith" defense between Naranjo and Gola, the issue is ripe for p...


Tax, Insurance

Taxing insurance bad faith recoveries

May 3, 2023
By Robert W. Wood

It seems reasonable to believe that there are an increasing number of bad faith settlements and judgments. Not all involve goo...


Intellectual Property, Cannabis

Celebrity cannabis branding

May 3, 2023
By David Schnider

The lack of product consistency, market limitations, and even banking limitations all make celebrity brands in cannabis more d...


Technology, Law Practice

Do law firms fear AI for the right reasons?

May 3, 2023
By Daniel O’Rielly, Dena Roche

AI and the related potential for disruption is coming to law firms. This is good news for firms with a business culture of emb...


Judges and Judiciary, Appellate Practice

Not all judges have an affection for Amici

May 2, 2023
By Benjamin G. Shatz, Benjamin E. Strauss

Whether a particular court adopts the permissive or restrictive approach should not impact your amicus filings.


Military Law, Constitutional Law

The United States military’s dress code requirements preventing Sikhs from having beards and wearing turbans and religious art...