Rushing to divorce is uncivil behavior. The extended time lag is required for the spouses to contemplate the consequences of d...
Obituaries, Judges and Judiciary
March is the cruelest (cruellest) month
By Arthur Gilbert
At judge’s meetings, in fact, at any gathering, when Norm (Justice Norman Epstein) spoke, everyone listened. I remember the fi...
Torts/Personal Injury, Government
California’s dangerous tree trends
By Brett Schreiber
The state is under attack by nature itself, and the road to recovery could require plaintiffs to arrive in courts.
What you write will be read and considered by the advocates and probably someone who works for the employer and the union. The...
Judges and Judiciary
JUDGING BAD GUYS. Part IV: A real world example
By Myron Moskovitz
The pressures on state executive and judicial officers charged with the administration of the criminal law are great, especial...
Government, Civil Rights
New Title IX rules will require new approaches to resolution
By Angela Reddock-Wright
In 2019, the Trump administration rewrote the Title IX rules via a formal rulemaking process. Schools no longer had an affirma...
Torts/Personal Injury, Government, Civil Litigation
California finally allows pre-death pain and suffering damages, but that’s set to expire
By Sara M. Peters
The legislature should make the change permanent, because doing so is both just and feasible.
Torts/Personal Injury, Civil Litigation
Why personal injury claimants should keep an ADL impact diary
By Justin J. Effres
If kept correctly, the ADL Impact Diary is an attorney-client communication that is 100% privileged and confidential. For this...
Alternative Dispute Resolution
Term sheets and mediator proposals: not always enforceable, but valuable
By Suzanne H. Segal, Mark Loeterman
A term sheet or mediator’s proposal can be a valuable tool in moving the parties to agreement, even if its ultimate enforceabi...
Real Estate/Development, Government
Los Angeles high-end real estate market may morph itself to avoid taxation
By Andrew Schmerzler, Nick A. Jacobus
Much about the Homelessness and Housing Solutions Tax remains unclear – even whether it will survive the current legal challen...
Alternative Dispute Resolution
A Few Good Mediators
By Farley J. Neuman, Robert P. Hamilton
While the mediator’s job is not to evaluate the case, the best mediators help the parties adjust their altitudes, bringing the...
Year in Review Column, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
2022 year-end review of False Claims Act developments: Ninth Circuit
By Winston Y. Chan
In 2022, the Ninth Circuit’s notable FCA rulings included one interpretation and application of the FCA’s scienter requirement...
Taking the time to make the eligibility determination and prepare the necessary filings will provide a company with the advant...
Technology, Civil Litigation
Effective use of video clips at trial
By Olivier A. Taillieu
With the advent of the Internet and smartphones, the availability of video content has propagated exponentially over the last...
State Bar & Bar Associations
LA County Bar Association urges attorneys to oppose proposed bar exam changes
By Gil N. Peles
The State Bar is proposing significant changes to licensure admission in California. Attorneys should comment by April 10 to v...
Labor/Employment, Data Privacy, Administrative/Regulatory
DOJ’s newest updates to corporate compliance guidance tackle messaging apps and compensation structures
By Brian R. Michael, Adam L. Braverman
Companies should benchmark communications and compensation policies in response to the revised Evaluation of Corporate Complia...
State Bar & Bar Associations, Letters
State Bar Executive Director wants to “set the record straight”
By Leah Wilson
State Bar & Bar Associations
Move discipline to the courts to restore confidence
By David C. Carr
California was an early leader in professionalizing the discipline process with employed full-time discipline prosecutors. The...
Law Practice
Communication is essential amid California’s nuclear legal environment
By Phil Singer
California is a hotbed for “thermonuclear” verdicts, thanks in part to a legal environment that can often stack the deck in fa...
Spending time on MCLE’s can feel like eating glass, especially if it is not billable or applies to current caseloads. But the ...
Tax
LA’s Homelessness and Housing Solutions Tax could be short-lived
By Alfred M. Clark III
The Taxpayer Protection and Government Accountability Act has gathered sufficient signatures to be placed on the California st...
Technology, Intellectual Property
The inherent tension between copyright protection and AI fair-use
By John H. Minan
An important legal question involves the role of federal copyright law and Machine Learning applications. Some have called it ...
Insurance, Ethics/Professional Responsibility
Dangerous myths about malpractice insurance coverage
By Hellen Hong, Suma Mathai
Beyond cost, the attorneys surveyed by the State Bar seemed to feel that a malpractice claim just wouldn’t happen to them. But...
Ethics/Professional Responsibility, Ediscovery, Criminal
Crime-fraud exception to A/C privilege pierces Trump’s communications with lawyers
By Jason E. Fellner, Andrew Browning
The crime-fraud exception stems from a letter Trump’s legal team sent to the Department of Justice that was arguably used in f...
Technology, Intellectual Property
The case for fair use designation of copyrighted AI training content
By David B. Hoppe
Training AI “artists” with copyrighted material is no different than human painters’ access to thousands of landscape oils, wa...
In addition to the typical duties of an estate administrator, the courts tend to use the Public Administrator in their role as...
Immigration, Criminal
Criminal defense attorneys need to know crimmigration law
By Georgina Gannon
The Bar doesn’t recognize crimmigration as a specialist area. Without a specialist, attorneys and defendants get stuck between...
Entertainment & Sports, Criminal
Stream it Tonight! Gideon's Trumpet (1980)
By Paul Bergman, Michael Asimow
To comply with Gideon, most states have established public defender offices, but they are often drastically underfunded...
Labor/Employment, Entertainment & Sports
Are college athletes employees?
By Frank N. Darras
What the newest round of federal court hearings means for student-athletes’ employment status and their colleges.
State Bar & Bar Associations, Law Practice
State Bar virtual meetings: the good, the bad and the ugly
By Claire M. Solot
Several members of the Blue Ribbon Commission missed as many as a quarter of the meetings, and the absenteeism rate was highes...