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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.


Law Practice, Alternative Dispute Resolution

No there there? Avoiding nonobjections in arbitration

Feb. 25, 2022
By Christopher David Ruiz Cameron

A pet peeve of many arbitrators, including me, is the tendency of some advocates to deal with evidence they don’t like by rais...


Torts/Personal Injury, Civil Litigation, California Supreme Court

A California Supreme Court ruling this week is the perfect example of how unfair and unjust the noneconomic cap on damages is ...


Torts/Personal Injury, Civil Litigation, California Supreme Court

MICRA limitations apply to unsupervised acts

Feb. 25, 2022
By Andrew J. Chan

On Thursday, the California Supreme Court affirmed that the state’s cap on noneconomic damages under the Medical Injury Compen...


Labor/Employment

A much-anticipated, bipartisan bill that will change the landscape of arbitration agreements has passed in Congress and is awa...


Los Angeles County residents are endangered because our elected district attorney has enacted policies that violate the laws o...


At a minimum, any decision on removing the Hastings name from the college should be part of the over-all analysis and decision...


State Bar & Bar Associations, Government, Ethics/Professional Responsibility

Holding democracy violators and the State Bar accountable

Feb. 23, 2022
By Christine P. Sun, Stephen Bundy

How do we hold attorneys accountable for alleged misconduct that is not a matter of shortchanging clients, but rather an effor...


Intellectual Property, Civil Litigation

As part of its fair use analysis, the district court opined that Corellium’s use was transformative: Its product did not merel...


State Bar & Bar Associations, Law Practice, Judges and Judiciary

The Cost of Process

Feb. 23, 2022
By Curtis E.A. Karnow

Our civil justice system comes at a very high cost. Most of us lawyers and judges don’t think much about it. It’s the way thin...


Technology, Government, Data Privacy, Civil Litigation

Last week, Texas Attorney General Ken Paxton filed suit against Facebook’s parent company, Meta, based on alleged violations o...


Technology, Intellectual Property

NFTs and meta lawsuits: Boldly go where none have gone before

MCLE
Feb. 23, 2022
By Alexandra Darraby

Quentin Tarantino, Lil Yachty, Nike, Hermes and Tom Brady are immersed in the virtual worlds of crypto, blockchains, NFTs and ...


Criminal, Constitutional Law

When you win and you don’t

MCLE
Feb. 22, 2022
By Michael J. Raphael

A few weeks ago in the California Court of Appeal, Arthur Lange tried to get the benefit of the exclusionary rule. As defendan...


Law Practice, Appellate Practice

A Story Goes to Court: Part III

Feb. 22, 2022
By Myron Moskovitz

My last two columns explored how a story changes as it moves from the initial client interview through our litigation system.


Government, Administrative/Regulatory

FCA enforcement, one year into the Biden administration

Feb. 22, 2022
By Jim Zelenay Jr., Nick Hanna

Roughly one year into the Biden administration, both FCA legislative and litigation activity continue the upward trajectory of...


Civil Litigation

In a federal lawsuit in Massachusetts, Mexico is trying to hold the gun manufacturers and wholesalers accountable, alleging th...


Government, Civil Litigation, California Courts of Appeal

The court weighs several issues including the application of Proposition 218 to late charges, the Government Claims Act, and t...


Tax, Law Practice

IRS Form 1099 and lawyers: What, me worry?

Feb. 18, 2022
By Robert W. Wood

Lawyers receive and send more Forms 1099 than most people, in part due to tax laws that single them out.


Labor/Employment

#MeToo arbitration bill heads to President Biden’s desk for signature

Feb. 18, 2022
By Emily Burkhardt Vicente, Karen Evans

Last week, Congress voted to end employers’ ability to require employees to arbitrate claims for sexual harassment or sexual a...


Tax, Law Practice

New way to write off legal fees on your taxes

Feb. 17, 2022
By Robert W. Wood

Fortunately, the mechanics of deducting legal fees in employment, whistleblower and civil rights cases have been improved, at ...


Law Practice

Tools for successful witness examinations

Feb. 17, 2022
By Norman P. Tarle

It is not the testimony that a witness spews into the ether that’s important — it’s the testimony that the trier of fact hears...


Family, California Courts of Appeal

If it’s not in writing, does it exist?

Feb. 17, 2022
By Denise E. Chambliss, Ariel G. Siner

A recent appellate ruling revisits a real property issue and a jurisdiction issue both incorrectly decided in a civil law proc...