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Law Practice, Government, Contracts

Surety wins…but loses

Jul. 7, 2022
By Larry A. Rothstein

If a pyrrhic victory connotes a victory that is tantamount to defeat, negating any true achievement, then surely one could cha...



U.S. Supreme Court, Labor/Employment, Civil Litigation, California Courts of Appeal

California’s Private Attorneys General Act survives Viking River

Jul. 7, 2022
By Catherine L. Fisk, Christina N. Chung

The majority held that the FAA preempts a California Supreme Court rule prohibiting employers from mandating arbitration of “i...


Since the beginning of our system of government, SCOTUS justices, unlike judges below them, have managed to avoid playing by t...


Law Practice, Expert Advice

Want to know what you can expect when you’re sued for your debt? Learn about lawsuit filing; your attorney’s and the debt coll...


Torts/Personal Injury, Civil Litigation, California Courts of Appeal

As to whether the Right to Repair Act applies to manufacturers, the Court noted that, while the Right to Repair Act applies ge...


U.S. Supreme Court, Environmental & Energy

West Virginia v. EPA

Jul. 6, 2022
By Beth Hummer


Labor/Employment

Wage statement audits could be well worth the price

Jul. 6, 2022
By Sonya D. Goodwin

Wouldn’t it be better if companies could get things right before being sued by their employees? It’s certainly possible. An au...


Tax

What lawyers should know about IRS Form 1099

Jul. 5, 2022
By Robert W. Wood

Lawyers receive and send more Forms 1099 than most people, in part because of tax laws that single them out.


Law Practice, Appellate Practice

Wonder Twin Powers, Activate! Form of Citation!

Jul. 5, 2022
By Benjamin G. Shatz


Law Practice, Appellate Practice

A Formative Year

Jul. 5, 2022
By Myron Moskovitz

My law school profs taught me that precedent is everything: judges study and reverently follow "the law," as stated or ...


Law Practice, Appellate Practice

Even if a witness ultimately does testify to hearsay before the January 6 Committee, the Rules of Evidence do not apply to Con...



Tax

Who Says Taxes Aren’t Fun?

Jul. 1, 2022
By Robert W. Wood

Not every tax matter is quirky or interesting, but you might be surprised how many are.


Insurance

What is an accident?

Jul. 1, 2022
By Mark E. Hancock

Insurance, after all, is a method for the economic transference of the risk of accidental losses and is a numbers business.


Entertainment & Sports

Stream it Tonight! To Kill a Mockingbird (1962)

Jul. 1, 2022
By Paul Bergman, Michael Asimow


Construction, Civil Litigation

Construction defects can cause long-term damage and compromise the safety of a home, costing thousands of dollars to repair an...


Letters


Government

Thinking of ending the electoral college

Jul. 1, 2022
By Steven S. Kimball

The electoral college is a mechanism for minority rule. If poll after poll is to be credited, the country as a whole did not w...


Letters


Law Practice, Covid Columns, Appellate Practice

How I learned to stop worrying and love the pandemic

Jun. 30, 2022
By Sidney Kanazawa

At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.


Government, Ethics/Professional Responsibility, Civil Rights

Expanding speech rights of government employees

Jun. 30, 2022
By Erwin Chemerinsky, Catherine L. Fisk

There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...


Intellectual Property, Contracts

Patent litigation reset

Jun. 30, 2022
By Michelle E. Armond, Amy Han

Patent office issues new guidance on controversial IPR discretionary denials


Legal Education, Ethics/Professional Responsibility

John Fremont’s California crimes and misdemeanors

Jun. 30, 2022
By John S. Caragozian

It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.


Ethics/Professional Responsibility, California Courts of Appeal

The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...


Labor/Employment, Criminal, Civil Litigation

Irresponsible servers could face legal consequences

Jun. 29, 2022
By Miguel A. Custodio

What we don’t yet know is how the law and its requisite training will affect drunk drivers and those injured by them.


Law Practice, Alternative Dispute Resolution

The Heisenberg effect in mediations

Jun. 29, 2022
By John H. Sugiyama

Being sensitive to the effect that the observer may have on the observed could help prompt seemingly deadlocked negotiations t...


Civil Litigation

Asbestos litigation in Los Angeles: 2022

Jun. 29, 2022
By Lawrence P. Riff

There was a time when it seemed that the avalanche/tidal wave of new asbestos personal injury and death filings in state and f...


U.S. Supreme Court, Constitutional Law

Après Dobbs, le déluge?

Jun. 29, 2022
By Eric C. Rassbach