California Supreme Court
California Supreme Court Review: October 2022
By Alexis S. Coll, Kourtney Kinsel
Two recently-accepted cases suggest that the Court is focused on assessing the power dynamics in common contracts and that ...
Parties to lawsuits, especially parties who by temperament are inclined toward a focus on principle, often have unrealistic ex...
For attachment orders in financial elder abuse cases, we should never be Royals. This case clarifies and reminds practi...
Litigation & Arbitration
Depositions of commercial motor carriers
By Katherine Harvey-Lee
Every deposition of a carrier should begin with the acknowledgement that minimum safety standards control the carrier and thei...
Reverse stock splits are commonly used to avoid delisting, though they are generally seen as a sign that a company is in troub...
You must address the Form 1099 on your tax return, but on the right facts, you may be able to explain that the payment should ...
It would be contradictorily disjunctive to permit cannabis use recreationally as a state, but still allow employers to discrim...
Technology, Intellectual Property
The brave new world of AI-generated intellectual property disputes
By Ryan Abbott, Jackson Lucky
The court's Warhol Foundation decision will address human-generated art, but it's easy to see how its reasoning could a...
Civil Litigation
The state of the legal finance industry in California post-Covid
By Jonathan Owen
It’s notable that corporate legal teams are increasingly using commercial legal finance, as this reflects its continued normal...
Data Privacy
New agency set to tackle lackluster enforcement of privacy law
By Anita Taff-Rice
The California Privacy Rights Act takes effect Jan.1, but will cover data collection practices of 2022.
Entertainment & Sports
Stream It Tonight! Where the Crawdads Sing (2022)
By Michael Asimow, Paul Bergman
Despite his strong defense, defense lawyer Sam Milton and viewers have to wonder whether the jurors will overcome their fear a...
Real Estate/Development, Land Use
The Catch 22 of confirming a prior dangerous condition or opening the door to subsequent remedial measures
By Jeffrey A. Rudman
PMQ depositions in premises liability cases are a tool utilized by plaintiffs to seek all information known to, and documents ...
Labor/Employment, Contracts
Unintended consequences of confidentiality clauses
By Steven H. Kruis
The insertion of a confidentiality clause into a settlement agreement of a personal injury claim, or one for emotional distres...
Slideshow, Government
Rural highways are disproportionately and unnecessarily dangerous
By Brett Schreiber
Every 24 minutes, a person dies on a rural highway. Many of those deaths are linked to extreme drop-offs at a road's edge, whi...
Judges and Judiciary, Ethics/Professional Responsibility
Can judges compliment lawyers?
By Wendy L. Patrick
The practical application of professional ethics where appearances might influence the perception of reality, especially at a ...
Law Practice, Appellate Practice
Coping with stresses of the legal field
By Angela Han
The point is to follow our own truth so that our external circumstances matter less, making the journey itself worthwhile and ...
Ethics/Professional Responsibility
Earning back our reputation through ethics
By Nicholas Rowley
Many of us were told that Tom Girardi is a lawyer you never want to be on the wrong side of, that he was powerful and connecte...
U.S. Supreme Court, Civil Rights
Voting rights litigation may become a contradiction in terms
By Anne P. Bellows, Ginger Grimes
Alabama is attempting to capitalize on the view that the Fourteenth Amendment’s Equal Protection Clause demands “colorblindnes...
Torts/Personal Injury
An overview of California’s dog bite laws
By Michael E. Rubinstein
California does not follow the “one-free bite” rule. Instead, a dog owner is liable the very first time his or her dog bites s...
Litigation & Arbitration, Civil Litigation
First inning of any new case: understanding the players
By Joseph M. Barrett
Total honesty and some flexibility or compromise will be necessary in the “opening inning” of any injury claim.
State Bar clarifies differences between two Provisional Licensure Programs
By Donna Hershkowitz
If any were convicted, a clear message would go out to the poor of Yuba-Sutter: use CRLA and go to jail.
So, just like social media posts and other forms of digital communication, text messages can be used in court as evidence and ...
For now, the Circuits are split on this issue, and we will have to wait and see if the Supreme Court will take the time to dra...
Family
The nightmare of Drake v. Pinkham - when is it safe to challenge a trust?
By Marc L. Sallus, Marshal A. Oldman
Although it appears that AB 1745 allows us to venture outside and avoid the Day of the Living Dead, not so fast. Remember, Dra...
So why was the defendant who had been sentenced to 107 years in prison up for parole after only 31 years? Because in 2017 legi...
Judges and Judiciary
Courtroom displays of bias assault the Justice System
By Jordanna Thigpen
Representing someone accused of rape does not make an attorney a rapist. But crossing the line into verbally attacking and den...
Insurance, Health Care, Pharmaceuticals, Biotech, Construction
Third-party liability in construction accident cases
By John F. Ramey
In order to establish liability of the owner and general contractor as hirers of the independent contractor whose employee is ...
Legal Education
Berkeley joins Ivy leaguers in boycott of US News law school rankings
By Erwin Chemerinsky
It is not about railing against rankings or complaining that they “hurt” us in some way. However, there are specific issues th...
The best solution to many of these dilemmas in a case settling near the end of the year is to think about it and specify what ...