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Family

The nightmare of Drake v. Pinkham - when is it safe to challenge a trust?

Nov. 18, 2022
By Marc L. Sallus, Marshal A. Oldman

Although it appears that AB 1745 allows us to venture outside and avoid the Day of the Living Dead, not so fast. Remember, Dra...


Government, Criminal

How dare you make me do your job

Nov. 18, 2022
By Kathleen Cady

So why was the defendant who had been sentenced to 107 years in prison up for parole after only 31 years? Because in 2017 legi...


Judges and Judiciary

Courtroom displays of bias assault the Justice System

Nov. 18, 2022
By Jordanna Thigpen

Representing someone accused of rape does not make an attorney a rapist. But crossing the line into verbally attacking and den...


Insurance, Health Care & Hospital Law, Construction

In order to establish liability of the owner and general contractor as hirers of the independent contractor whose employee is ...


Legal Education

It is not about railing against rankings or complaining that they “hurt” us in some way. However, there are specific issues th...


Tax

Tax wise, should you settle cases in 2022 or 2023?

Nov. 17, 2022
By Robert W. Wood

The best solution to many of these dilemmas in a case settling near the end of the year is to think about it and specify what ...


U.S. Supreme Court, Government

Populism is not new in this country but the systemic change it has attempted seldom lasts.


Technology, California Courts of Appeal

California Court suppresses fruits of geofence warrant

Nov. 17, 2022
By George K. Rosenstock

The notion that this technological tool should be banned entirely – leaving law enforcement with no tools for attempting to so...


Intellectual Property

CCB for you and for me? Maybe.

Nov. 16, 2022
By John R. Wierzbicki

The Copyright Claims Board, which resides within the Library of Congress, is now available to hear your infringement action, s...


U.S. Supreme Court, Native Americans, Family

A matter of life or death

Nov. 16, 2022
By Timothy Sandefur

SCOTUS should strike down ICWA’s race-based burdens


Now that we are out of a hot market and are transitioning into a possible recession (or are there already), the topic of guara...


Law Practice, Appellate Practice

Settling with parties WHO hate each other

Nov. 16, 2022
By Christopher C. Melcher

If we invest the time to understand what the other side wants, and why they want it, there’s a good chance they will listen to...


Labor/Employment

Cutting edge employment law issues: Are these on your radar?

Nov. 15, 2022
By Christina M. Coleman

Employment law is continually evolving. Staying informed of these laws is critical to identifying potential claims to pursue, ...


Law Practice, Appellate Practice

A Juror’s Ominous Task

Nov. 15, 2022
By Carol Menaker

Decades later, one juror reckons with her decision to convict


Government

Reforming city government

Nov. 15, 2022
By Erwin Chemerinsky

As proposals are being advanced to again revise the Los Angeles City Charter and improve city government, there is much to be ...


Government

The curious case of Senator Johnson

Nov. 15, 2022
By William W. Bruzzo

Senator Ron Johnson’s acts were not in keeping with the electoral process of the United States as described in Articles I and ...


Evolving approaches to discovery of litigation funding agreements

Nov. 14, 2022
By Nate Ngerebara, Edward Reines

Courts are adopting more stringent strategies to police discovery of litigation funding arrangements, requiring vigilance from...


Law Practice, Appellate Practice

Practice tips for a great opening statement

Nov. 14, 2022
By Dan L. Stanford

Don’t start out with or use the phrase, “the evidence will show.” It’s weak.


Litigation & Arbitration, Insurance

COVID-19 business interruption cases

Nov. 14, 2022
By Bruce A. Broillet, Jenna Edzant

In the vast majority of the insurance policies at issue in these cases, "direct physical loss of or damage to property" is a p...




Wills, Estates & Trusts

Just as with trustees, conservators, and guardians, the attorney-client privilege holder is the office of personal representat...


Slideshow, Law Practice, Appellate Practice

Many judges appreciate having a concise trial brief to orient them to the case before trial begins.


Entertainment & Sports

Stream it Tonight! The Letter (1940)

Nov. 11, 2022
By Michael Asimow, Paul Bergman

How does Joyce resolve the dilemma that pits friendship against ethical duties?


Health Care & Hospital Law

AB-35 makes historic amendments to MICRA statutes

Nov. 11, 2022
By Lacey L. Estudillo, H. Thomas Watson

Defendants should expect the number of medical malpractice cases filed to decrease in 2022 and increase in 2023 once AB-35 tak...


State Bar & Bar Associations, Legal Education

A case for multiple licensure methods

Nov. 10, 2022
By Claire M. Solot

Just like childbirth, there are many ways to achieve the same desired outcome, which in the case of the law is to have a licen...


Letters

State Bar’s Girardi report not fully transparent

Nov. 10, 2022
By Anahid Agemian


Litigation & Arbitration, California Supreme Court

When is it too late to arbitrate?

Nov. 10, 2022
By Michael Manoukian

After a customer paid with $100 in counterfeit bills during plaintiff's shift, he was terminated, and, on Nov. 22, 2019, plain...


Litigation & Arbitration, California Supreme Court

Goodbye Saint Agnes?

Nov. 10, 2022
By Michael S. McCauley, Daniel D. McMillan

High Court revisits precedent requiring prejudice to show arbitration waiver


Military Law

"His gallant action and total disregard for his personal well-being directly saved 8 men from certain serious injury or death....