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Letters

Book author wishes to correct factual error

Jun. 13, 2022
By Alexandra Z. Brodsky


U.S. Supreme Court, Government, Ethics/Professional Responsibility, Civil Rights

Recent Egbert decision allows misconduct to fester

Jun. 13, 2022
By Robert L. Bastian Jr.

Egbert is disheartening because the court returns to its peculiar tradition of selectively shaving and trimming rights and rem...


To the extent the Great Reshuffling continues, there are likely to be more challenges raised to restrictive covenants, and mor...


Construction, Civil Litigation

Construction litigation strategies

Jun. 13, 2022
By Joseph M. Barrett

Against the backdrop of a lingering pandemic and a jammed court system, California’s civil trial lawyers harness their creativ...


Tax, Entertainment & Sports

Johnny Depp and Amber Heard face taxes too

Jun. 10, 2022
By Robert W. Wood

It’s hard to consider Depp’s defamation of Heard (which was actually done by Depp’s lawyer) as business-related. If a payment ...


Entertainment & Sports

Stream It Tonight! Fury (1936)

Jun. 10, 2022
By Paul Bergman, Michael Asimow

This was Fritz Lang’s first American film after fleeing Nazi Germany. He based the story on an odious chapter in California hi...


Ediscovery

The need for mediation in e-discovery – the way forward

Jun. 10, 2022
By Daniel B. Garrie, Gail A. Andler

Through the mediation of e-discovery issues, litigants can help address outsized litigation costs, curtail the time and costs ...


U.S. Supreme Court, Litigation & Arbitration, California Supreme Court

Now, the California rule rests on a shaky frame: The leading California case, St. Agnes, extols the United States Supre...


Constitutional Law

Warring States: a modest proposal

Jun. 9, 2022
By Steven S. Kimball

The anti-abortion states will not be satisfied with an abortion ban defined by the state line. The writing is on the wall. The...


Labor/Employment, California Supreme Court

This decision dramatically increases the value of meal and rest period claims in class actions and representative actions unde...


Law Practice, Appellate Practice

A mid-year push on collections can avoid headaches later

Jun. 9, 2022
By Shari L. Klevens, Alanna G. Clair


Labor/Employment

A full workday would remain eight hours, and employers would have to pay overtime to employees working longer than four full d...


Government, Constitutional Law

Scapegoating detracting from meaningful gun reform

Jun. 9, 2022
By Eugene M. Hyman

The NRA doesn’t care that children have died as a result of their politicking, and they’re not even pretending they do anymore...


Richard White, Naming America’s Own Genocide, The Nation (August 17, 2016) Thus, the horror depicted in its presentation does ...


Labor/Employment, Covid Columns

The fact that it was largely women who stepped up to pick up the slack should surprise no one. For years, women have taken on ...


Government, Civil Rights

Now SCOTUS is looking to expand Second Amendment rights through its consideration of the pending case of New York State Rifle ...


Law Practice, Appellate Practice

Supraman’s Kryptonite

Jun. 7, 2022
By Benjamin G. Shatz

Using Bluebook style in state court is like talking with a foreign accent: you will be understood and accepted, but it’s not h...


Judges and Judiciary, Civil Rights

Though we do not have a duty to actively assist our opponents in litigation in navigating an arcane system, we should make mor...


Litigation & Arbitration, Law Practice, Ethics/Professional Responsibility, Appellate Practice

How not to screw up your case in arbitration, part one

Jun. 7, 2022
By Christopher David Ruiz Cameron, Kathy Fragnoli

In our view, it is a mistake bordering on malpractice for the respondent's counsel to put off the opening statement.


Tax, Law Practice, Appellate Practice

Plaintiff lawyers can actually use a benefit most other people – including other lawyers – can’t: structured legal fees. Reduc...


Law Practice, Ethics/Professional Responsibility, Appellate Practice

Dressed to deceive

Jun. 7, 2022
By Myron Moskovitz

Dressing a client to mislead a jury? It’s time to call it what it is - rank deception - and somehow put some limits on it.


Law Practice, Ethics/Professional Responsibility, Civil Litigation

Attorney public/private partnerships receive a boost

Jun. 6, 2022
By Charles H. Abbott

The 4th District affirming the agreement between San Diego and private lawyers may encourage more public-private partnerships ...


Administrative/Regulatory

SEC suffers judicial setbacks for administrative hearings

MCLE
Jun. 6, 2022
By Nicolas Morgan, Kenneth Herzinger

These decisions will likely bring most SEC administrative proceedings to a screeching halt, at least in the Fifth Circuit.


State Bar & Bar Associations, Legal Education, Ethics/Professional Responsibility

A “non-exam pathway” would undoubtedly allow many students to obtain licensure who are not minimally competent. Internship pro...


Judges and Judiciary, Government, Ethics/Professional Responsibility

Connecting California to the Courts

Jun. 6, 2022
By Paul A. Bacigalupo

To combat misconceptions about our courts and return the public’s trust in the judiciary, it is essential for the entire legal...


Law Practice, Judges and Judiciary, Ethics/Professional Responsibility

To my ear the tone was tinged with derision. I tried to shrink my slight, elderly frame into the grain of my big leather chair...


Entertainment & Sports

Stream It Tonight! Presumed Innocent (1990)

Jun. 3, 2022
By Michael Asimow, Paul Bergman

The film begins with a shot of an empty courtroom and Sabich’s voice-over solemnly explaining that if a jury “cannot find the ...


Land Use, Government, California Courts of Appeal

Nonetheless, boards persistently try to do just that. A common route they take to reach that result is by settlement of litiga...


Law Practice, Ethics/Professional Responsibility

Ego and insecurity hinder diversity

Jun. 3, 2022
By Christopher C. Melcher


Environmental & Energy, California Courts of Appeal

Can a bee ever be a fish? Ah, definitions…

Jun. 3, 2022
By Michael M. Berger

“The issue presented here is whether the bumble bee, a terrestrial invertebrate, falls within the definition of fish, as that ...