U.S. Supreme Court, Government
Don’t expect Supreme Court to address party fractures
By Kris Whitten
Populism is not new in this country but the systemic change it has attempted seldom lasts.
Technology, California Courts of Appeal
California Court suppresses fruits of geofence warrant
By George K. Rosenstock
The notion that this technological tool should be banned entirely – leaving law enforcement with no tools for attempting to so...
The Copyright Claims Board, which resides within the Library of Congress, is now available to hear your infringement action, s...
U.S. Supreme Court, Native Americans, Family
A matter of life or death
By Timothy Sandefur
SCOTUS should strike down ICWA’s race-based burdens
Insurance
Recession forces many business owners to consider asset protection
By Jacob Stein
Now that we are out of a hot market and are transitioning into a possible recession (or are there already), the topic of guara...
Law Practice, Appellate Practice
Settling with parties WHO hate each other
By Christopher C. Melcher
If we invest the time to understand what the other side wants, and why they want it, there’s a good chance they will listen to...
Labor/Employment
Cutting edge employment law issues: Are these on your radar?
By Christina M. Coleman
Employment law is continually evolving. Staying informed of these laws is critical to identifying potential claims to pursue, ...
Decades later, one juror reckons with her decision to convict
As proposals are being advanced to again revise the Los Angeles City Charter and improve city government, there is much to be ...
Senator Ron Johnson’s acts were not in keeping with the electoral process of the United States as described in Articles I and ...
Evolving approaches to discovery of litigation funding agreements
By Nate Ngerebara, Edward Reines
Courts are adopting more stringent strategies to police discovery of litigation funding arrangements, requiring vigilance from...
Law Practice, Appellate Practice
Practice tips for a great opening statement
By Dan L. Stanford
Don’t start out with or use the phrase, “the evidence will show.” It’s weak.
Litigation & Arbitration, Insurance
COVID-19 business interruption cases
By Bruce A. Broillet, Jenna Edzant
In the vast majority of the insurance policies at issue in these cases, "direct physical loss of or damage to property" is a p...
Letters
The way to restore confidence in Courts is to clear the backlog
By Eugene M. Hyman
Wills, Estates & Trusts
The holder of attorney-client privilege in different trust and estates contexts.
By Victoria V. Tsylina
Just as with trustees, conservators, and guardians, the attorney-client privilege holder is the office of personal representat...
Slideshow, Law Practice, Appellate Practice
Setting up your case for success through trial documents
By Teresa A. Johnson
Many judges appreciate having a concise trial brief to orient them to the case before trial begins.
Entertainment & Sports
Stream it Tonight! The Letter (1940)
By Michael Asimow, Paul Bergman
How does Joyce resolve the dilemma that pits friendship against ethical duties?
Health Care, Pharmaceuticals, Biotech
AB-35 makes historic amendments to MICRA statutes
By Lacey L. Estudillo, H. Thomas Watson
Defendants should expect the number of medical malpractice cases filed to decrease in 2022 and increase in 2023 once AB-35 tak...
State Bar & Bar Associations, Legal Education
A case for multiple licensure methods
By Claire M. Solot
Just like childbirth, there are many ways to achieve the same desired outcome, which in the case of the law is to have a licen...
Litigation & Arbitration, California Supreme Court
When is it too late to arbitrate?
By Michael W.M. Manoukian
After a customer paid with $100 in counterfeit bills during plaintiff's shift, he was terminated, and, on Nov. 22, 2019, plain...
Litigation & Arbitration, California Supreme Court
Goodbye Saint Agnes?
By Michael S. McCauley, Daniel D. McMillan
High Court revisits precedent requiring prejudice to show arbitration waiver
Military Law
On Veterans Day, give a thought to California recipient John Baca
By Eileen C. Moore
"His gallant action and total disregard for his personal well-being directly saved 8 men from certain serious injury or death....
Litigation & Arbitration
Selected issues in malicious prosecution cases
By Reza Torkzadeh, Allen P. Wilkinson
In the words of the California Supreme Court: “The malicious commencement of a civil proceeding is actionable because it harms...
Insurance, Construction
Insurance contract terms can push its coverage off a cliff
By Garret D. Murai
Guastello highlights the important difference between "claims-made" and "occurrence-based" insurance policies.
U.S. Supreme Court, Native Americans
Supreme Court to hear constitutional challenge to the Indian Child Welfare Act
By Michael C. Kelley, Gabriela H. Shapiro
The conflict between the states, such as California, which support ICWA and those who challenge it, presents a stark contrast.
Law Practice, Appellate Practice
Clara Foltz: pioneer lawyer for women, criminal defendants and all Californians
By John S. Caragozian
Foltz lobbied the California legislature to allow women to practice law. In 1878, the state senate approved a bill that would ...
Despite its proclaimed skepticism, the Court “put any such skepticism completely to the side” and plunged gavel-first into the...
Government
Presenting a timely and proper government claim to a public entity
By Denisse O. Gastélum
The time for filing of the lawsuit is wholly dependent on the public entity’s response to the government claim.