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U.S. Supreme Court, Government

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

Nov. 17, 2022
By George K. Rosenstock

The notion that this technological tool should be banned entirely – leaving law enforcement with no tools for attempting to so...


Intellectual Property

CCB for you and for me? Maybe.

Nov. 16, 2022
By John R. Wierzbicki

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

Nov. 16, 2022
By Timothy Sandefur

SCOTUS should strike down ICWA’s race-based burdens


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

Nov. 16, 2022
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?

Nov. 15, 2022
By Christina M. Coleman

Employment law is continually evolving. Staying informed of these laws is critical to identifying potential claims to pursue, ...


Law Practice, Appellate Practice

A Juror’s Ominous Task

Nov. 15, 2022
By Carol Menaker

Decades later, one juror reckons with her decision to convict


Government

Reforming city government

Nov. 15, 2022
By Erwin Chemerinsky

As proposals are being advanced to again revise the Los Angeles City Charter and improve city government, there is much to be ...


Government

The curious case of Senator Johnson

Nov. 15, 2022
By William W. Bruzzo

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

Nov. 14, 2022
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

Nov. 14, 2022
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

Nov. 14, 2022
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...




Wills, Estates & Trusts

Just as with trustees, conservators, and guardians, the attorney-client privilege holder is the office of personal representat...


Slideshow, Law Practice, Appellate Practice

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)

Nov. 11, 2022
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

Nov. 11, 2022
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

Nov. 10, 2022
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...


Letters

State Bar’s Girardi report not fully transparent

Nov. 10, 2022
By Anahid Agemian


Litigation & Arbitration, California Supreme Court

When is it too late to arbitrate?

Nov. 10, 2022
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?

Nov. 10, 2022
By Michael S. McCauley, Daniel D. McMillan

High Court revisits precedent requiring prejudice to show arbitration waiver


Military Law

"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

MCLE
Nov. 9, 2022
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

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

Nov. 9, 2022
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

Foltz lobbied the California legislature to allow women to practice law. In 1878, the state senate approved a bill that would ...


Government

Chalk it up to traffic management

Nov. 8, 2022
By Dennis S. Zell

Despite its proclaimed skepticism, the Court “put any such skepticism completely to the side” and plunged gavel-first into the...


Government

The time for filing of the lawsuit is wholly dependent on the public entity’s response to the government claim.