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U.S. Supreme Court, Government, Constitutional Law

Don’t miss the broader legal significance of the Supreme Court’s vaccine-or-test cases.


Law Practice

New attorneys: The key to regular referrals

Mar. 8, 2022
By James D. Crosby

There’s a reason more senior attorneys rely on referrals for business development: It’s one of the profession’s surefire ways ...


Construction, Civil Litigation, California Courts of Appeal

For the roadway contractor, it appeared to be an open-and-shut case due to an admission of liability. But that wasn’t how the ...


Legal Education

There is a speedier solution that might be the ticket — one that few will probably embrace but most can live with (aka a good ...


Letters, Judges and Judiciary

In three years, the governor’s appointment rate of people with disabilities is less than 1%. It is also my understanding that ...


U.S. Supreme Court, Administrative/Regulatory

In a case that asks whether the federal Controlled Substances Act preempts certain state workers’ compensation law, the U.S. S...


U.S. Supreme Court, Intellectual Property

In a ruling at the end of Febraury, the U.S. Supreme Court took another step down the road of relaxing the formalities claiman...


Securities, Law Practice, Civil Litigation

As we enter the third month of 2022 amid swirling uncertainty in many aspects of professional and personal life, legal practit...


Law Practice, Appellate Practice

Fighting for a ‘turnaround’

Mar. 7, 2022
By Myron Moskovitz

I’ve watched lots of lawyers argue appeals — usually while waiting my turn at the bottom of an oral argument calendar. Most do...


Law Practice, Judges and Judiciary

Biased about being biased

Mar. 7, 2022
By Arthur Gilbert

While my colleagues and I strongly support education and awareness to heighten our sensitivity to implicit bias, I cannot help...


Law Practice, Judges and Judiciary

Ready for trial? Think again.

Mar. 4, 2022
By Scott J. Nord

With the lack of court appearances and trials, rustiness in daily practice and trial procedures crept in.


Labor/Employment, Alternative Dispute Resolution

“Apology, forgiveness and reconciliation” is a powerful concept in dispute resolution; however, it is rarely explored in emplo...


Government, Criminal

They were elected to enforce laws, not write them

Mar. 4, 2022
By Eugene M. Hyman

The people elected legislators to write their laws; they elected members of the executive branch to enforce them. They’re welc...


Labor/Employment, Government, Criminal

State misses deadline for peace officer bias screening rules

Mar. 3, 2022
By Geoffrey S. Sheldon, Paul D. Knothe

Effective January 1, 2021, Assembly Bill 846 amended California Government Code Section 1031 to require that candidates for jo...


Law Practice, Alternative Dispute Resolution

It seems to have first shown its face in 1953 and, as the great poet said, “not with a bang, but a whimper” — a federal appeal...


International Law, Government, Civil Litigation

The gun cultures in the U.S. and Mexico could not be more different. U.S. citizens enjoy a robust constitutional right to gun ...


Military Law, Labor/Employment, Criminal

What led up to recent executive order making sexual harassment an offense under the Uniform Code of Military Justice?


Law Practice, Ethics/Professional Responsibility

Remember ethical obligations when talking to the media

Mar. 2, 2022
By Shari L. Klevens, Alanna G. Clair

Almost immediately after the filing of a new complaint or a decision on a dispositive motion, attorneys may receive a call fro...


Probate, Law Practice, Family

AB 1194: California’s new conservatorship legislation

Mar. 2, 2022
By Catherine M. Swafford

This new legislation is meant to address conservatorship abuse — but some believe it goes too far, while others believe it doe...


Law Practice, Entertainment & Sports

Stream It Tonight! ‘Adam’s Rib’ (1949)

Mar. 2, 2022
By Paul Bergman, Michael Asimow

Why watch? A dramedy makes a powerful argument for gender equality two decades before the “Women’s Liberation” movement.


Law Practice, Government

How Baja California remained part of Mexico

Mar. 1, 2022
By John S. Caragozian

When the Mexican-American War’s military battles ended, the U.S. wanted to annex all of California, including Baja, but the ev...


Insurance, Civil Litigation

An insurer’s duty to investigate

MCLE
Mar. 1, 2022
By Kirk A. Pasich

As the California Supreme Court has made clear, an insurer cannot reasonably and in good faith deny payments to its insured wi...


Intellectual Property, Entertainment & Sports, Civil Litigation

A 9th Circuit decision has renewed focus on copyright protection for public performances of pre-1972 sound recordings.


Law Practice, Appellate Practice

Sci-Fi Lit(igation)

Mar. 1, 2022
By Benjamin G. Shatz

This month we'll delve a little deeper and reiterate the theme that lawyers really do get to boldly go.


Consumer Law

Bad news for bail bonds: Companies subject to cosigner notice requirement

Feb. 28, 2022
By Christopher J. Willis, Stefanie H. Jackman

A recent California Court of Appeal decision, which may have sweeping effects on the bail bond industry, has held that bail bo...


Government, Constitutional Law

The fact that Trump lost his motion to dismiss is not the end of the litigation. Appeals are likely. But the 112-page, well-re...


Intellectual Property

Art Law Year in Review

MCLE
Feb. 28, 2022
By Kim Pallen, Wendy Dickieson

The past year has been active for art law litigation, with cases concerning works by artists ranging from Andy Warhol to Dr. S...


U.S. Supreme Court, Constitutional Law

The regulatory taking conundrum

Feb. 28, 2022
By Michael M. Berger

In a recent dissent from a denial of certiorari, Justice Clarence Thomas uttered this simple phrase: “If there is no such thin...


State Bar & Bar Associations, Law Practice, Criminal

It is shocking that victims are not routinely advised of their right to counsel: The accused rapist will be told of his right...


Law Practice, Civil Litigation

The Evidence Slayer: Evidence Code Section 721(b)

MCLE
Feb. 25, 2022
By Lawrence P. Riff

When it comes to experts, there is usually little good to come of the more pedestrian modes of impeachment.