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Government, Constitutional Law, Books

The title of Raskin’s book refers to two traumas, one public, one private: the untimely death of his son and the January 6 att...


Labor/Employment, Civil Litigation, California Supreme Court

In a recent decision, the California Supreme Court rejected a line of cases that required plaintiff-employees to satisfy the t...


Law Practice, Judges and Judiciary, Appellate Practice

Multiverse Cosplay

MCLE
Feb. 1, 2022
By Benjamin G. Shatz

For over half a century, we have been enthralled by adventures of characters crossing into other versions of the “real world” ...


Environmental & Energy, Criminal

Both class actions and large catastrophes have increased in recent years. Although global warming is linked to the increase in...


Judges and Judiciary

Each year I prepare a tabulation for the frequently filed motions that were decided in my individual calendar courtroom in the...


Demystifying conservatorships: More FAQs

MCLE
Jan. 31, 2022
By Matthew D. Kanin

The objective of this article and self-study test is to review the rules applicable to appointment of conservators and the pro...


Law Practice, Judges and Judiciary

It’s all in the mind, ask John Blumberg, Esq.

Jan. 31, 2022
By Arthur Gilbert

Two score and a few more years ago, I was a student at the famed California Judges College. There was a unique class that made...


Technology, Entertainment & Sports, Civil Litigation

A class action filed against reality TV icon Kim Kardashian and legendary boxer Floyd “Money” Mayweather Jr. may be the first ...


U.S. Supreme Court, Administrative/Regulatory

On Monday, the U.S. Supreme Court granted certiorari in Axon Enterprise, Inc. v. Federal Trade Commission to decide whether fe...


Labor/Employment

Reason for improved outlook to mitigate PAGA claims in 2022

Jan. 28, 2022
By Antwoin Wall, Corinne Spencer

The California Fair Pay and Employer Accountability Act, proposed for the November ballot, would rein in parts of the Private ...


Law Practice

Massacre in Los Angeles’ Old Chinatown

Jan. 28, 2022
By John S. Caragozian

In 1871, 10% of Los Angeles’ Chinese population were murdered by white rioters. Civic leaders blamed drifters and other low ra...


Constitutional Law

Is the First Amendment going rogue?

Jan. 27, 2022
By Kaiyi A. Xie

Former Gov. Sarah Palin’s libel suit against The New York Times slouches towards its fifth birthday and a tentative February 2...


Law Practice, Alternative Dispute Resolution

The cross-examination at trial by Vinny — which is the heart of the movie — provides some valuable information when studied in...


Torts/Personal Injury, Law Practice, Civil Litigation

It is common practice for plaintiff’s attorneys to plead allegations for tort causes of action, such as negligence, in general...


Law Practice, Judges and Judiciary

Trial court judges suffer from mental illness, too

Jan. 26, 2022
By Timothy L. Fall

Being a trial court judge with an anxiety disorder requires coping skills that don’t come naturally. When you add pandemic str...


Law Practice, Appellate Practice

Want a jury trial? Post your own jury fees, warns appellate ruling

Jan. 26, 2022
By Ogochukwu Victor Onwaeze

Article 1, Section 16 of the California Constitution provides that, “[t]rial by jury is an inviolate right and shall be secure...


Law Practice, Appellate Practice

Suppose you represent a defendant at trial. The jury returns a verdict for the plaintiff, the trial court denies your motion f...


Constitutional Law

Constitutional takings by animals?

Jan. 25, 2022
By Michael M. Berger

Can a taking within the meaning of either state or federal constitution be accomplished by animals? Strange question, you say....


Law Practice

Every day, people throughout California request restraining orders for various reasons. Whether your next restraining order he...


Criminal

How far is too far in causing suspects to talk before charging?

Jan. 25, 2022
By Dmitry Gorin, Alan Eisner

Law enforcement uses different techniques to cause suspects to make statements before formal charging. A recent appellate deci...


Labor/Employment

New law may change the employment settlement equation

Jan. 24, 2022
By Angela Reddock-Wright

Senate Bill 331, the “Silenced No More Act,” has been added to the equation, and it could change the way parties consider sett...


Law Practice, Judges and Judiciary

6 random observations by a trial judge

Jan. 24, 2022
By Lawrence P. Riff

Unless it’s your first rodeo, there’s a few things trial lawyers should know: Lie the distinction between impeachment and rebu...


Appellate Practice

The Amicus Angle

Jan. 24, 2022
By Susan Yorke

What makes a good amicus brief? And what considerations should the parties’ and amici’s attorneys keep in mind to make sure th...


Law Practice, Civil Litigation

Nonparty Discovery: 20 Commonly Asked Questions, p2

MCLE
Jan. 24, 2022
By Peter R. Boutin, Sarah Malik

In part one of this two-part series, we address the first 10 of 20 questions that arise frequently related to nonparty discove...


Securities, Corporate

A Bridge to IPO

Jan. 24, 2022
By Sara L. Terheggen

Because many companies are waiting longer to go public, it is becoming increasingly common to conduct a private bridge financi...


Administrative/Regulatory

Californians often take for granted that our consumer protections are muscular and new chemical dangers are addressed with an ...


Letters, Law Practice

If, as James D. Crosby states, “In most cases, a tough call has to be made between right and wrong,” my question is, why it is...


Law Practice

I have spent my 42-year legal career — so far — on the defense side of the civil litigation aisle.* This article is dedicated ...


Law Practice, Civil Litigation

Nonparty Discovery: 20 Commonly Asked Questions, p1

MCLE
Jan. 21, 2022
By Peter R. Boutin, Sarah Malik

While generally considered “strangers” to litigation, nonparties often play a significant role in discovery. In this two-part ...


Criminal

Just this past week, jails throughout California have literally been shut down because of outbreaks of Omicron. When jails shu...