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Judges and Judiciary

Rose Bird was not recalled

Jul. 20, 2022
By David A. Carrillo, Stephen M. Duvernay

Former California Chief Justice Rose Elizabeth Bird was many things. One thing she was not: recalled.


Environmental & Energy

An earlier - and longer - fire season, drought, a strained grid that needs upgrades, inflation and the war in Ukraine will con...


Law Practice, Appellate Practice

Why should I care about empathy?

Jul. 20, 2022
By Robert S. Mann

From the mediator’s perspective, bringing empathy to the mediation process can be a dangerous move, for a variety of reasons.


Tax, Letters

Taxing confidentiality in settlements, another view

Jul. 19, 2022
By Robert W. Wood


Ethics/Professional Responsibility, Discipline, Criminal

Polanski’s Predicament

Jul. 19, 2022
By Lou Shapiro

Even with the release of this transcript, a judge will likely still require Polanski to appear in person to allow for sentenci...


Tax, Administrative/Regulatory

IRS sting operations: More common than you think

Jul. 19, 2022
By Bruce Givner, Owen Kaye

The Internal Revenue Service has been conducting sting operations for as long as we have had an Internal Revenue Service. Stin...


Ethics/Professional Responsibility, Discipline, Criminal

I didn’t fully comprehend that complying with these orders made me complicit in the court’s justice-denial, but conversations ...


U.S. Supreme Court, Health Care & Hospital Law, Constitutional Law, California Supreme Court

History is the core of the decision in Dobbs and that court failed to thoroughly examine it, in contrast to California.


Government

An attack on one of us is an attack on all of us

Jul. 18, 2022
By James J. Brosnahan

Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...


U.S. Supreme Court, Government

As Americans, where do we go from here?

Jul. 18, 2022
By A. Marco Turk

While individual Justices are expected to have their own views on various constitutional issues, our system of government must...


Constitutional Law

Dobbs was correctly decided

Jul. 18, 2022
By Richard A. Nixon

For 50 years, on the issue of abortion and others, the people were controlled by decisions effected by “13 lawyers in robes” r...


Real Estate/Development, Government

The Rent Control War: Part One

Jul. 18, 2022
By Myron Moskovitz

A series of battles had led to this critical point – with many more skirmishes yet to come. California’s Rent Control War was ...


Labor/Employment

Strategies for increasing board diversity

Jul. 18, 2022
By David A. Bell, Dawn Belt



Law Practice, Government

An attack on one of us is an attack on all of us

Jul. 15, 2022
By James J. Brosnahan

Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...


Family, Civil Litigation

Family law, hearsay, and the boundaries of “all relevant evidence”

Jul. 15, 2022
By Dean Hansell, Fielder Jewett

Pinpointing the date of separation is a highly fact-based process that requires a court to consider the parties’ expressed int...


Law Practice, Appellate Practice

Some clients you might want to pass on

Jul. 15, 2022
By Barry M. Wolf

When a litigant who has lost in the trial court tells you that a win on appeal is certain, run away. If the litigant tells you...


Constitutional Law

Abusers have been known to try to interfere with their victims’ use of contraception, access to information, or have used coer...


Constitutional Law, Civil Rights


Letters

Right to confrontation

Jul. 14, 2022
By Douglas Matheson


Confidentiality provisions are increasingly common in personal injury cases. Plaintiffs’ lawyers must take precautions to prot...


State Bar & Bar Associations, Legal Education

The California State Bar paraprofessional program

Jul. 13, 2022
By Rachael C. Kogen

According to the State Bar website, "paraprofessionals would handle routine matters in specified practice areas, intended to s...


Environmental & Energy, Ediscovery

Boots on the ground: Are environmental investigations privileged?

Jul. 13, 2022
By Murray M. Sinclair, Bart Sokolow

Keep in mind that the operative issue is protection of the public health and safety from unknown contaminant exposure – not pr...


Constitutional Law

Life is unique, abortion is not

Jul. 13, 2022
By Robert A. Schapiro

Justice Alito could have argued that protecting fetal life is a compelling governmental interest that justifies banning aborti...


Torts/Personal Injury, Labor/Employment

The LA Superior Court is rolling out a new product – the Model Class Action Agreement – that standardizes the format of clas...


Tax

Big IRS penalties even for non-willful violations?

Jul. 13, 2022
By Robert W. Wood


Family

Irrevocable trusts can be revised and revoked

Jul. 12, 2022
By Bruce Givner, Owen Kaye

Happily, an “irrevocable” trust can be revoked, and there are ways to make it responsive when parents change their minds in th...


Labor/Employment

By ruling in favor of Viking, the Court held that employers may enforce arbitration agreements in California to the extent the...


Health Care & Hospital Law

A new epidemic of an ancient disease

Jul. 12, 2022
By Raphael Metzger

In September 2019 - about the same time that the Covid epidemic began in China, the Centers for Disease Control (CDC) publishe...


Government

Congress needs to act now

Jul. 12, 2022
By Erwin Chemerinsky

Of course, just as Democrats can pass a national law protecting abortion rights, so when there is a Republican President and a...