Military Law, Immigration
Thanks for your service... now get out of my country
By Eileen C. Moore
At a symposium on deported veterans one of “the foremost authority on military veterans facing deportation” said that recruite...
Probate, Alternative Dispute Resolution
Ruling says courts can order trust and probate cases to mediation
By Glen M. Reiser, Mark Lester
California Probate Code Section 17206 provides broad discretion to the probate court to “make any orders and take any other ac...
U.S. Supreme Court, Constitutional Law
Is the prevention of ‘future blight’ a public use?
By Michael M. Berger
How far the Supreme Court’s holding in the infamous Kelo decision goes (or whether it should be reconsidered and reversed) is ...
Constitutional Law, California Supreme Court
Overturning California’s bar on interracial marriages
By John S. Caragozian
In 1948, the California Supreme Court became the first state in the nation to rule that such laws violate equal protection rig...
Contracts are at times the backbone of legal practice efforts (or, perhaps the angst-producing bane of their existence). Legal...
Tax, Law Practice
As the settlement spigot reopens, consider structured legal fees
By Robert W. Wood
As the economy sputters to recover, we can expect a solid flow of legal settlements.
Education Law, California Supreme Court
Don’t turn classrooms into courtrooms and retraumatize victims
By Theane Evangelis
Should cross-examination be required in school disciplinary proceedings? This question has taken on renewed importance with th...
Government, Civil Rights
Skid Row ruling should be required reading
By Timothy D. Reuben
Judge David O. Carter wrote, “Virtually every citizen of Los Angeles has borne the impacts of the City and County’s continued ...
Health Care & Hospital Law
Immunity expands to end a pandemic by vaccination
By Craig B. Garner
In such unprecedented times, it is not surprising that federal legislation grants certain immunity to manufacturers of COVID-1...
Criminal
The George Floyd Act: Is Qualified Immunity really going away?
By DeWitt Lacy
The Derek Chauvin case could be an outlier, or it could signal a true turning point in the nation’s move toward justice, and t...
Labor/Employment, Civil Litigation
Prop 22 retroactivity ruling highlights ballot measure strategy
By Ronald L. Zambrano
On April 9, U.S. District Judge Edward M. Chen reversed an earlier finding that Proposition 22, the California ballot measure ...
Technology
Legal issues to watch in navigating the secondary market for NFTs
By Michael Dore
In many ways, the plane is being built in mid-air. Concrete statements about what an NFT can or cannot do, and even what it is...
It is an oft-repeated mantra that with large government spending comes large amounts of fraud. The Paycheck Protection Program...
Criminal
Justice achieved in 3-strikes case in Gascón era
By Alan Eisner, Dmitry Gorin
In a recent case in the Los Angeles County Superior Court, we achieved a five-year negotiated prison sentence for a defendant ...
Criminal, Constitutional Law
Plain view doctrine: What you see is what you get
By Gary S. Paer
The object of this article and self-study test is to familiarize readers with the plain view doctrine pertaining to the law of...
Pay attention: Discovery in international arbitration cases
By Neil A.F. Popovic, Shin Hahn
Last month, the U.S. Supreme Court granted certiorari in a case to address the scope discovery in international arbitration.
U.S. Supreme Court, Labor/Employment, Entertainment & Sports
NCAA under scrutiny in grant-in-aid cap antitrust litigation
By Maurice M. Suh, Daniel L. Weiss
This year, March Madness was more than just a couple of basketball tournaments with Stanford and Baylor cutting down the nets.
Labor/Employment, Civil Litigation, California Courts of Appeal
Punitive damages: hypothetical or hyper-technical?
By Barri Friedland, Laura Reathaford
An appellate court recently affirmed a punitive damages award that was largely based on damages that the plaintiffs could not ...
Law Practice, Judges and Judiciary, Ethics/Professional Responsibility
Lawyers must help protect judges
By James J. Brosnahan, Dan VanDeMortel
Our duty to uphold the rule of law includes supporting judicial safety.
Legal Education, Law Practice
In conversation with UCLA Law Dean Jennifer Mnookin
By William Domnarski
At the helm of UCLA Law School since 2015, Mnookin ticks all the boxes as an academic and legal community leader.
Labor/Employment
Post-pandemic domestic workers present unique challenges
By Arash Homampour
With the resumption of post-pandemic life, California families are bringing workers back into their homes.
Tax, Government, Criminal
Trump’s pardon didn’t end Roger Stone’s legal problems
By John H. Minan
Stone, a confidant and friend of former President Donald Trump, was pardoned by Trump in 2020 just days before beginning to se...
Alternative Dispute Resolution
Tips to master mediation advocacy, part 3
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill
In the last two installations we discussed mindset/attitude and how to prepare for a mediation. In this installment, we will d...
Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Pandemic-era appellate rulings take on arbitration issues
By Neville L. Johnson, Douglas L. Johnson
Over the past year, appellate courts in California have been active in deciding arbitration issues. Here are a few of the impo...
U.S. Supreme Court, Technology, Law Practice, Intellectual Property
The rise of the legal API
By Lance Eliot
It seems that the relatively obscure and technoid topic of APIs had a moment of fame when the recent Supreme Court ruling was ...
Tax, Law Practice
Taxing legal settlements, legal malpractice and more
By Robert W. Wood
A recent Tax Court decision may provide some lessons for legal settlements.
Technology, Government, Data Privacy
We need sensible facial recognition regulations at state, federal level
By Anita Taff-Rice
Sensible regulations should be passed at the federal and state level that preclude use of facial recognition technology. Sensi...
Intellectual Property, 9th U.S. Circuit Court of Appeals
InteliClear and the future of CUTSA’s pre-discovery requirements in federal court
By Carolyn Hoecker Luedtke, James R. Salzmann
As California practitioners know, Section 2019.210 of the California Uniform Trade Secrets Act requires that “before commencin...
Intellectual Property
USPTO offers pendency exception for COVID-19-related trademark applications
By Sui Q. Duong
The U.S. Patent and Trademark Office created a process to prioritize examination of trademark applications covering certain CO...
Intellectual Property, 9th U.S. Circuit Court of Appeals
Desire v. Manna Textiles: Assessing impacts on multiple-defendant copyright suits
By Blake Cunningham, Kenneth L. Steinthal
Earlier this year, the 9th Circuit altered the statutory damages landscape in cases involving multiple defendants.