Contracts, California Courts of Appeal
To pay or not to pay: knowing when you can and can’t rely on a Force Majeure
By Philip McDermott, Willow Karfiol
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
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
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
Mifepristone debate could jeopardize access to many other FDA-approved drugs
By Eva Temkin, Anne Voigts
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
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
As predicted, Madrigal vs. Hyundai Motor America was modified and remanded
By Ogochukwu Victor Onwaeze
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
Caste discrimination: what employers need to know about California’s potentially new protected category
By Krista Mitzel, Ronak Patel
The California Civil Rights Department will be required to collect and analyze data on caste discrimination complaints, which ...
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
The importance of early disclosure of policy limits in personal injury cases
By Stephanie E. Charlin
While it is arguably much easier for defense attorneys to determine their clients’ applicable policy limits, it is nearly impo...
Judges and Judiciary
Commissioned painting underscores why Justice Clarence Thomas should resign
By Julie A. Werner-Simon
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
Resolving intractable cases is the mediator’s dominion
By Halim Dhanidina
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
By George Cardona, Catherine Ongiri
Government, Criminal, California Courts of Appeal
A beach gang, a rock fort, and the expansion of the California Coastal Act
By Dione Garlick, Ritchie Vaughan
The Court analogized the allegations of harassment, which included throwing rocks at visitors, running over people with surfbo...
Alternative Dispute Resolution
Arbitration can be your solution to resolve disputes under CCPA’s private right of action
By Daniel B. Garrie
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
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
Disney sues DeSantis: Who has the strongest case?
By Omar Ochoa
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)
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 ...
Judges and Judiciary
Clogged courts are empaneling limited-English-speaking jurors, despite what the law requires
By Patrick S. Nolan
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)
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 ...
HEALTHY Divorce was created at the height of the pandemic as a way to reduce the negative physical and mental health outcomes ...
Labor/Employment
California employers could face stronger WARN obligations
By Sonya D. Goodwin
On Feb. 17, Assembly Bill 1356...
“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
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
Hold your breath: California courts continue to weigh wage statement violation defense
By Theodore E. Bacon, W. Michael Hensley
Given the divergence in approaches on the "good faith" defense between Naranjo and Gola, the issue is ripe for p...
It seems reasonable to believe that there are an increasing number of bad faith settlements and judgments. Not all involve goo...
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?
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
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
Sikhs’ pursuit of religious freedom in the military
By Eileen C. Moore
The United States military’s dress code requirements preventing Sikhs from having beards and wearing turbans and religious art...