Labor/Employment, 9th U.S. Circuit Court of Appeals
Ruling clarifies who qualifies as an ERISA fiduciary
By Robert J. McKennon
U.S. Supreme Court
An upcoming U.S. Supreme Court case is highlighting the need to pay greater attention to the justices’ conflicts of interest a...
Criminal
Abolish qualified immunity; otherwise, we get the policing that the Supreme Court thinks we deserve.
By Robert L. Bastian Jr.
So much interpretation, nuance, indeed, duende embedded in U.S. Supreme Court opinions regarding constitutional and civil righ...
Law Practice
Supreme Court is responsible for complaint system accessibility
By Thomas F. Coleman
The board of trustees of the State Bar of California will be reviewing the Annual Discipline Report on Friday. During the meet...
Robert ‘Bob’ Bertram Steinberg (1928-2021) tried the first asbestos case west of the Mississippi and established the ‘peculiar...
Icarus’ D-I-Y guide to gliders
By Brian M. Hoffstadt
For decades now, the California Legislature has been enacting laws aimed at ending mass incarceration. Let us hope that the Le...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 20: "What Should I Do at Oral Argument"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals
No defense duty for criminal restitution claims
By Kirk A. Pasich
The 9th Circuit recently issued a decision in a case that involves an unusual situation in which an insurer agreed to defend i...
State Bar & Bar Associations, Law Practice, Immigration, Ethics/Professional Responsibility
Licensing nonlawyers to practice would exacerbate ‘notario’ problem
By George Diab, Morgan Barney
The State Bar of California is pushing forward a set of proposals that would license nonattorneys to practice law and further ...
Technology, Law Practice
How the British Nationality Act unexpectedly spurred AI and the law
By Lance Eliot
You undoubtedly know the famous saying is that we must remember the past to ensure a suitable future. Along those lines, a key...
Prop 65 cannabis warnings provide clarity, but with conditions
By Peter Duchesneau, Anita Famili Sabine
On March 19, the California Environmental Protection Agency’s Office of Environmental Health Hazard JAssessment, known as OEHH...
Environmental & Energy
Fracking ban bill fails, for now
By Jeffrey Dintzer, Jeffrey P. Carlin
On Tuesday, Senate Bill 467 failed by one vote to advance out of the Senate Committee on Natural Resources and Water.
Military Law, Law Practice
How California attorneys can help our veterans
By Katie Binkley, Caitlin Emmons
The veteran community has unique needs as a client base which differ from civilian clientele. Consider some examples: A vetera...
Alternative Dispute Resolution
Tips to master mediation advocacy, part 2
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill
In our last installment, we talked about the appropriate mindset and attitude advocates should have in mediation. In this inst...
U.S. Supreme Court, Government
High court to consider when AGs can intervene
By Christopher D. Dusseault
In Cameron v. EMW Medical Center, the U.S. Supreme Court will decide whether Kentucky’s attorney general may intervene to defe...
Entertainment & Sports
California vs the National Collegiate Athletic Association
By Frank N. Darras
The COVID-19 pandemic brought with it dramatic changes to the world of collegiate athletics, but the NCAA has fallen far behin...
Law Practice, Alternative Dispute Resolution
Virtually the same?
By Christopher David Ruiz Cameron
3 myths about videoconference arbitration
Government, Criminal
Ideology, not data, drives DA’s pro-criminal crusade
By Eric Siddall
Los Angeles County District Attorney George Gascón says that “science and data” justify his criminal justice policies, includi...
Judges and Judiciary, Covid Columns
OC courts safely conducted 170 jury trials during COVID
By Kirk H. Nakamura
When U.S. District Judge Cormac Carney dismissed charges against defendants in the Central District of California for the fail...
Torts/Personal Injury, Civil Litigation, California Supreme Court
Ruling clarifies legal duty to protect others from harm
By Hailyn J. Chen, Paul E. Martin
Is there a legal duty to protect others from harm caused entirely by third parties? “It depends,” goes the standard refrain.
U.S. Supreme Court, Government, Administrative/Regulatory
Supreme Court’s media ownership ruling has silver linings
By Elizabeth Brannen
The court issued a narrow ruling that correctly recognized the FCC’s commitment in the context of its Section 202(h) quadrenni...
Probate, Appellate Practice
Is it worthwhile to appeal a probate court loss?
By David Greco
An appeal is not a chance to retry your case. But — with experienced appellate counsel — it may be an opportunity to fix what ...
Law Practice, Law Office Management, Administrative/Regulatory
Should law firms worry about liability for PPP loans?
By Byron J. McLain, Daniella M. Gutierrez
Law firms are viewed by the Department of Justice and other enforcement agencies as gatekeepers subject to a higher standard o...
U.S. Supreme Court, Government, Constitutional Law
Blame the Supreme Court
By Erwin Chemerinsky
Amidst all of the discussion of Georgia’s very restrictive new voting law, the institution that is largely responsible is esca...
Labor/Employment
Dangerous tension: Hazard pay and the National Labor Relations Act
By Mark Theodore
For once-in-a-hundred-year events such as the pandemic — with uncertainty over the solution to the crisis and even its duratio...
U.S. Supreme Court, Civil Litigation
A first step towards restoring sanity to TCPA litigation
By Maxwell V. Pritt
On April Fool’s Day 2021, a unanimous U.S. Supreme Court put an end to a 30-year old ruse proliferated by the TCPA plaintiffs’...
The IRS has been hunting crypto hard for more than five years now, and the pace is getting faster.
U.S. Supreme Court, Intellectual Property
Google v Oracle and the Grateful (API) Dead
By Peter S. Menell
What a long strange trip it's been
Letters, Judges and Judiciary
Disabled judicial appointments are sadly lacking
By David D. Marsh
Following on Peter Lynch’s Letter to the Editor on March 11 about the disproportionately low rate of sitting judges in Califor...
Criminal, Constitutional Law
Ineffective assistance
By Alyssa D. Bell, Brittany L. Lane
Reliance on binding precedent may no longer be enough