U.S. Supreme Court
Supreme Court’s conservatives may empower California
By Nathan Townsend
Achieving the long-sought jurisprudential objective of eliminating the dormant Commerce Clause would enable California, with i...
Antitrust & Trade Reg.
Defining fiduciary duties in private funds
By Sara L. Terheggen
At its simplest formulation, the duty of loyalty is focused predominantly on conflicts of interest.
Civil Litigation
The complexities of nursing home abuse litigation
By Mike Arias, Robert Partain
The World Health Organization (WHO) estimates that one in six people aged 60 years and older experiences some form of abuse in...
Real Estate/Development, Government, Contracts
Apartment owners prevail in COVID-19 test
By Michael M. Berger
The Contract Clause analysis was interesting because such challenges have traditionally faced upstream battles. Here, however,...
Marshall’s most famous case arose in 1947 when a former babysitter for the Marshall family, Andrea Perez, and her fiancé Sylve...
Insurance
Are consumer protection or false advertising claims covered by insurance?
By Peter S. Selvin
For example, coverage for such claims under a CGL policy is unlikely because an insured’s false representation or false advert...
Labor/Employment
Does disaggregation reveal race-based disparities among Blacks and African-Americans in the workplace?
By Rodney S. Diggs
In The Color of Wealth in Los Angeles report, it was estimated that Black Americans in Los Angeles have a median wealth of $4,...
Labor/Employment, Family
Striving for spousal equity: returning to complex litigation after paternity leave
By Alex J. Tramontano, Betsy Manifold
Erin and I made the decision to delay having children and then found it very difficult to conceive. Once we conceived, our wor...
Constitutional Law
Supreme Court to review corruption cases
By Agustin D. Orozco, David Griffith
The Supreme Court will again review prosecutors’ attempts to utilize the federal wire and honest services fraud statutes to ex...
The possibility that the IRS can audit forever is chilling. The potential for large civil penalties and perhaps even criminal ...
Environmental & Energy, California Supreme Court
Swimming with the bees
By Michael J. Raphael
The Chief Justice is telling us, I think, that the issue in the case is not simply whether, in ordinary parlance, bumble bees ...
Labor/Employment, Government, Entertainment & Sports
What artists, influencers and brands need to know
By Esra A. Hudson, Mackenzie B. Pearson
The primary difference between SB 62 and the similar legislative reform efforts that came before it is the law’s dramatic expa...
Tax
What the Inflation Reduction Act really means for IRS tax enforcement
By Steven R. Toscher, Philipp Behrendt
The fear that suddenly an armed IRS force combing through neighborhoods to collect taxes is completely unfounded, as the IRS C...
Government, Criminal
SB 1304 won’t reduce crime, but should be signed anyway
By Mario A. Paparozzi
Marketing SB 1304 as a public safety measure is wrong. The reasons for criminal behavior are complicated and driven by a varie...
Family, Contracts
Celebrities should have a will (or a trust) of their own
By Clifford L. Klein
Even with planning, the estates of artists and other creators can present complex valuation problems because of the unique nat...
Which interest(s) – and hence which rule – will prevail? When our Supreme Court takes up the question, as it just did in Dezi ...
Law Practice, Appellate Practice
Where have all the “real” lawyers and judges gone?
By A. Marco Turk
Sadly, observing the plethora of legal advertising, publicity-seeking irresponsible comments, and a general reckless casting p...
Data Privacy
Mobile carrier customer privacy protection is slowly improving
By Anita Taff-Rice
Mobile carriers’ dubious handling of personal data, particularly geolocation data collected from customers, has been well know...
Health Care & Hospital Law, Family
Court of Appeal provides guidance on medical malpractice statute of limitations for infant death cases
By Benjamin T. Ikuta
Economically, such cases were near impossible to file due to the MICRA cap. However, given the new changes in MICRA's Civil Co...
It is always recommended that immigration attorneys take preemptive measures to make sure their foreign clients are prepared f...
Labor/Employment, Alternative Dispute Resolution
Diagnosing and resolving conflict in the workplace
By Ilona M. Turner
Fortunately, there are tools that employment lawyers can use to help their clients diagnose and address conflict in the workpl...
Civil Litigation, Administrative/Regulatory
The Personal Injury Hub phase out and its impact on litigating personal injury cases
By Douglas N. Silverstein
Although it may take some time to fully implement and require adjustment by the various stakeholders, this system is sure to b...
Civil Litigation, Administrative/Regulatory
Created during a crisis – the closing of the PI Hub will allow for a return of local jurisprudence
By Marta Alcumbrac
Lawyers may be concerned about the impact this change will have on already heavily congested judicial calendars. The court, ho...
Civil Litigation, Administrative/Regulatory
A return to local courthouses hearing personal injury cases
By David J. Cowan
The plan will allow for a return of Civil courtrooms to our different local communities around our vast county – as was the sy...
Letters, Constitutional Law
Separation of church and state – is it a right or a suggestion?
By Kris Whitten
When a public school even inadvertently forces a student to choose between their family's beliefs, religious or otherwise, and...
Law Practice
None of this matters – how pro bono work changed my career
By Victor Leung
While it generally takes a few years for law firms to trust junior associates with taking depositions or drafting briefs for t...
Alternative Dispute Resolution
The importance of trust building in mediation
By Robert M. Cohen
Though the concept of trust is amorphous, successful mediators recognize that trust is vital to the process.
Legal Education
Newsom signs bill, killing State Bar paraprofessional program
By Nancy Drabble, Saveena Takhar
The bill was passed as an urgency measure so it goes into effect immediately. This guarantees that the bar cannot precipitousl...
Family, Criminal
The unquantifiable standard for DV restraining order renewals
By Scott J. Nord
A protective order should only be renewed “if, and only if, it finds by a preponderance of the evidence that the protected par...
Government
The Coming SCOTUS Fight Over the Voting Rights Act
By Michael Li, Sonali Seth
Courts have never held that the Fourteenth Amendment bars any consideration of race in map drawing. The only constitutional li...