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
Copyright protection for public performances of pre-1972 music
By Dariush Adli
A 9th Circuit decision has renewed focus on copyright protection for public performances of pre-1972 sound recordings.
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
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
Ruling persuasively rejects Trump’s First Amendment protection claims
By John H. Minan
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...
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
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
State Bar of California is not protecting half a million victims
By Antonio R. Sarabia II
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)
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
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
MICRA cap covers unsupervised conduct leading to child’s death?
By Benjamin T. Ikuta
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
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
Review agreements as ban on some mandatory arbitrations looms
By Emily Patajo
A much-anticipated, bipartisan bill that will change the landscape of arbitration agreements has passed in Congress and is awa...
Criminal
Gascón policies on allegations, enhancements endangers public safety
By Kathleen Cady
Los Angeles County residents are endangered because our elected district attorney has enacted policies that violate the laws o...
Legal Education
Not getting the basics: Hastings name-change debate and the SF school board
By Kris Whitten
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
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
Fair use ruling in dispute over use of iOS should be upheld
By Clark D. Asay
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
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
Texas’ lawsuit against Meta over biometric data raises questions
By Kamran Salour
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
By Alexandra Darraby
Quentin Tarantino, Lil Yachty, Nike, Hermes and Tom Brady are immersed in the virtual worlds of crypto, blockchains, NFTs and ...
A few weeks ago in the California Court of Appeal, Arthur Lange tried to get the benefit of the exclusionary rule. As defendan...
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
By Jim Zelenay Jr., Nick Hanna
Roughly one year into the Biden administration, both FCA legislative and litigation activity continue the upward trajectory of...
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
Appellate ruling tackles water rate issues in San Jose case
By Steven P. Graham
The court weighs several issues including the application of Proposition 218 to late charges, the Government Claims Act, and t...
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
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...
Fortunately, the mechanics of deducting legal fees in employment, whistleblower and civil rights cases have been improved, at ...
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?
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...