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Law Practice, Appellate Practice

My Most Memorable Client Part II: The Trial

Nov. 1, 2021
By Myron Moskovitz

This is the second installment of a 4-part (true) story that began with my last column.


Torts/Personal Injury, Law Practice

Give more money to clients, limit contingency fees

Oct. 29, 2021
By Fred J. Hiestand

California voters will likely have a chance in the November 2022 general election to enact a long-overdue consumer protection ...


Labor/Employment, Civil Rights

Three decades later, has anything changed? The short answer: no really.


Criminal

Our country has built a system of mass incarceration in the decades since Sirhan was arrested. In 1969, the year he was convic...


Insurance, Health Care & Hospital Law

Providers, insurers: What to know about the No Surprises Act

MCLE
Oct. 29, 2021
By Kenneth Yood, Theresa Thompson

Starting Jan. 1, 2022, patients will no longer be at risk for one of the most detested practices in health care: surprise out-...


Law Practice, Environmental & Energy

The 1928 collapse of the dam unleashed a flood that killed almost 500 people in Los Angeles and Ventura counties. It is regula...


Law Practice, Alternative Dispute Resolution

My September column focused on how the extraordinarily funny litigation antics of six-weeks-since-passing-the-bar Vinny might ...


State Bar & Bar Associations, Letters, Law Practice, Ethics/Professional Responsibility

Danny Abir’s recent column unfairly characterizes an organization and individuals with a proven record in expanding access to ...


Labor/Employment, 9th U.S. Circuit Court of Appeals

9th Circuit helps clarify employer willfulness under FLSA

Oct. 28, 2021
By Eric M. Lloyd, Andrew McKinley

A recent ruling suggests that prior audits — even audits applying an appropriate legal standard — may be of limited usefulness...


Securities, Corporate, Banking, Administrative/Regulatory

On Oct. 8, the Consumer Financial Protection Bureau published for public comment an expansive 918-page notice of proposed rule...


Government, Criminal

California has taken an encouraging leap in the right direction on law enforcement accountability with the signing of Senate B...


Environmental & Energy, 9th U.S. Circuit Court of Appeals

A recent 9th Circuit ruling upheld the EPA’s discretion to consider economic impacts when determining whether the grant a vari...


Judges and Judiciary, California Supreme Court

Calfornia’s courts need updating

Oct. 27, 2021
By Mariano-Florentino Cuéllar

As Americans question the capacity of their institutions to serve them effectively and people around the world voice doubts ab...


U.S. Supreme Court, Labor/Employment, Entertainment & Sports

Any honest, objective review of how our college athletes historically have been treated would certainly reveal flagrant, unfor...


Constitutional Law, Civil Litigation

An invalid targeted taking

Oct. 26, 2021
By Michael M. Berger

The moral of this little story should not be lost on regulatory bodies: Be fair. Enact general ordinances that apply across th...


Technology, Law Practice

Using AI to explicate a lawyer’s reputation

Oct. 26, 2021
By Lance Eliot

Lawyers tend to discover that their reputation plays a significant role in how their lawyering career progresses. This is not ...


Law Practice, International Law

The tribunal had the colossal mission of bringing to justice a total of 199 accused war criminals during a series of 13 trials...


Government, Criminal

Governor Gavin Newsom’s signature on a package of peace officer reform bills will significantly affect and create additional r...


Letters, Law Practice, Criminal

In his Oct. 20 column, “Our justice system must become more victim-centric, retired Judge Eugene M. Hyman argues that “the sys...


Law Practice, Family

Demystifying conservatorships: FAQs

MCLE
Oct. 25, 2021
By Matthew D. Kanin

The objective of this article and self-study test is to review the rules applicable to the appointment of conservators and the...


Environmental & Energy, Civil Rights

Joshua tree ruling prevents agencies from ignoring climate change impacts

Oct. 25, 2021
By Sunjana Supekar, Douglas P. Carstens

Last month, a U.S. district court granted summary judgment to environmental plaintiff WildEarth Guardians in its suit challeng...


Government, Constitutional Law

Bannon can’t hide behind executive privilege

Oct. 25, 2021
By John H. Minan

Stephen K. Bannon, who was pardoned by President Donald Trump for defrauding investors in a border wall fundraising scheme, is...


Environmental & Energy, Administrative/Regulatory

Competition and collusion on the road to clean cars

Oct. 25, 2021
By Peter Damrosch, Matthew Zinn

The historic pattern has been for the manufacturers to work together to derail the development of environmental regulations an...


Labor/Employment, 9th U.S. Circuit Court of Appeals

The court recently determined that “paramour preference” — an employer favoring a supervisor’s sexual or romantic partner over...


Labor/Employment, Corporate, Civil Litigation

‘Women on boards’ law headed to trial

Oct. 22, 2021
By Virginia F. Milstead, Kasonni Scales

On December 1, after much delay, trial will begin in a lawsuit challenging the validity of Senate Bill 826, California’s law m...


Government, Environmental & Energy, Administrative/Regulatory

Congressional paralysis equals regulatory whiplash

Oct. 22, 2021
By David C. Smith

The cycle of regulatory ping-pong every four or eight years is not new, but it seems especially pronounced (and absurd) today ...


State Bar & Bar Associations, Letters, Law Practice, Ethics/Professional Responsibility

Paraprofessional opposition appears biased

Oct. 22, 2021
By Mark B. Baer

I initially had no interest in accepting the Daily Journal’s request to its subscribers to submit articles either in support o...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

The Institute for the Advancement of the American Legal System’s pursuit of and support for new legal service models in variou...


Criminal

For this new law to be successful, officers will require new training regarding appropriate techniques of arrest control that ...


Labor/Employment

Catching up with California’s newly enacted L&E legislation

MCLE
Oct. 21, 2021
By John L. Barber, Nicole Davidson

In the past year, the California Legislature passed multiple bills in the area of labor and employment. This article provides ...