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U.S. Supreme Court

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

Sep. 28, 2022
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

Sep. 28, 2022
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

Sep. 28, 2022
By Michael M. Berger

The Contract Clause analysis was interesting because such challenges have traditionally faced upstream battles. Here, however,...


Government, Family, Civil Rights

An unsung hero

Sep. 28, 2022
By John S. Caragozian

Marshall’s most famous case arose in 1947 when a former babysitter for the Marshall family, Andrea Perez, and her fiancé Sylve...


For example, coverage for such claims under a CGL policy is unlikely because an insured’s false representation or false advert...


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

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

Sep. 27, 2022
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...


Tax

Skip a form, IRS can audit you forever

Sep. 26, 2022
By Robert W. Wood

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

Sep. 26, 2022
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

Sep. 26, 2022
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

Sep. 23, 2022
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

Sep. 23, 2022
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

Even with planning, the estates of artists and other creators can present complex valuation problems because of the unique nat...


Judges and Judiciary, Family

Divide & Prejudice

Sep. 23, 2022
By Brian M. Hoffstadt

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

Sadly, observing the plethora of legal advertising, publicity-seeking irresponsible comments, and a general reckless casting p...


Data Privacy

Mobile carriers’ dubious handling of personal data, particularly geolocation data collected from customers, has been well know...


Health Care & Hospital Law, Family

Economically, such cases were near impossible to file due to the MICRA cap. However, given the new changes in MICRA's Civil Co...


International Law

What you should know about visa interviews

Sep. 22, 2022
By Mandy Feuerbacher

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

Sep. 22, 2022
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

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

Lawyers may be concerned about the impact this change will have on already heavily congested judicial calendars. The court, ho...


Civil Litigation, Administrative/Regulatory

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

When a public school even inadvertently forces a student to choose between their family's beliefs, religious or otherwise, and...


Law Practice

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

Sep. 21, 2022
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

Sep. 20, 2022
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

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

Sep. 20, 2022
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...