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Civil Litigation, Books

The $100 Million Treatise

Mar. 10, 2022
By Brad D. Brian, James C. Rutten

“Business and Commercial Litigation in Federal Courts” (5th ed. 2021), edited-in-chief by Robert L. Haig, is immensely valuabl...


Criminal, Constitutional Law

Ending involuntary servitude in California

Mar. 10, 2022
By Gay C. Grunfeld, Marc J. Shinn-Krantz

While the 13th Amendment to the U.S. Constitution prohibits slavery and involuntary servitude for some, it contains a loophole...


U.S. Supreme Court, Letters, Land Use

I have read a number of the Daily Journal’s recent articles regarding the dispute between Save Berkeley’s Neighborhood and the...


Civil Litigation

Civil Jury Instructions: Genesis and Evolution

MCLE
Mar. 9, 2022
By Panda L. Kroll

While litigants accept the inevitability of pretrial arguments over jury instructions, the process by which these instructions...


Labor/Employment, Government

‘Made in America’ should mean ‘Made with Dignity’

Mar. 9, 2022
By Maria Elena Durazo, Teddy Kapur

We need political willpower and cooperation among officials to hold bad actors accountable for wage theft in L.A.


The House Select Committee continues to investigate the causes that contributed to the violence at the Capitol on January 6, 2...


Insurance

Businesses around the world are facing substantial financial impact from Russia’s invasion of — or war against — Ukraine. The ...


U.S. Supreme Court, Constitutional Law, Civil Rights

Against the backdrop of the LGBTQ equal rights legal movement over the last half century, a case the U.S. Supreme Court agreed...


Government, Criminal

Heads in the (silicon) sand

Mar. 8, 2022
By Eric Siddall

Ignoring front-line employee concerns backfired for Elizabeth Holmes. How is it working for America’s most notorious progressi...


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...