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Law Practice

Law firm reliance on technology has opened the door for things more sinister and new cyberthreats targeting law firms may be p...


Negligence Claims Under California Law Encompass a Broader Spectrum of Conduct Than Excessive Force Claims Under the Fourth Am...


Government, Constitutional Law

Eliminate the filibuster

Mar. 16, 2021
By Erwin Chemerinsky

The United States is a democracy, and the majority should govern.


Criminal

Instructions given to Chauvin jurors are vital

Mar. 16, 2021
By V. James DeSimone

It is often said that picking a jury is the most important part of the trial. In the case of the Minnesota v. Chauvin, the sec...


Real Estate/Development, Land Use, Government

Neighborhood Law Programs are a way to get young lawyers experience to deal with nuisances that senior attorneys do not have t...


Criminal, California Supreme Court

The unknowable weight of separateness

Mar. 16, 2021
By Brian M. Hoffstadt

The separation of powers doctrine has been described by the courts as both “important” and “fundamental.” But how important is...


Law Practice, Ethics/Professional Responsibility

The California Lawyers Association recently issued its first formal advisory opinion tackling the practical issue of what cons...


Law Practice, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.


Law Practice, Civil Litigation

These days most lawsuits settle in the trial court and therefore never go up on appeal. Code of Civil Procedure Section 998 is...


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

The tension between the definition of public injunctive relief — a remedy that inures primarily to the benefit of the general ...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

A fundamental aspect of private property is that the owner can choose whom to let onto the property and who to exclude as a tr...


Law Practice, Ethics/Professional Responsibility

Ethical billing: avoiding scum and villainy

MCLE
Mar. 12, 2021
By Brandon Krueger

To paraphrase Obi Wan Kenobi, in the hands of unscrupulous and unethical attorneys, legal billings can be a wretched hive of s...


Corporate, 9th U.S. Circuit Court of Appeals

California’s groundbreaking gender parity law for public company boards is the subject of two legal challenges, one of which c...


Law Practice, Law Office Management

What is your law firm really worth?

Mar. 12, 2021
By Daniel O'Rielly, Dena Roche

In our practice advising California law firms, one of the questions we hear most often from our clients, in some form or anoth...


Law Practice, Alternative Dispute Resolution

When does it make sense and how to get a special master?

Mar. 12, 2021
By Daniel B. Garrie, Gail A. Andler

Special masters are nominated by counsel or appointed through a court, arbitrator or other decision-making body with a mandate...


Letters, Judges and Judiciary

People with disabilities who make up 20% of California’s population are not being proportionately appointed to the California ...


Family

Was it a gift, or wasn’t it?

MCLE
Mar. 11, 2021
By Scott J. Nord

If both the common and legal meaning of “gift” are the same, why are gifts given during marriage not always a gift? Because in...


Criminal

On Feb. 26, Judge Amy Berman Jackson granted Sherwin’s motion, and entered an order vacating the court’s earlier decision dire...


Books

Neither by fire nor ice

Mar. 11, 2021
By Richard Wirick

Toby Ord whisks us in and out of environmental ethical puzzles with the speed of a Formula One racer — that exhilaration and ...


Civil Litigation, California Supreme Court

California Supreme Court poised to consider anti-SLAPP catch-all framework

Mar. 10, 2021
By Ryan G. Baker, Scott M. Malzahn

Later this term, Geiser v. Kuhns will present the court an opportunity to clarify what must be shown to establish anti-SLAPP p...


Labor/Employment, Civil Litigation, California Supreme Court

Premium pay for meal break rounding violations after Donohue

MCLE
Mar. 10, 2021
By Kacey R. Riccomini, Arthur F. Silbergeld

The California Supreme Court last month determined that the practice of rounding meal period time was impermissible under stat...


Technology, Law Practice

Straight talk on the law as code

Mar. 10, 2021
By Lance Eliot

Law as code is bandied around as a crucial determiner of the future for lawyers and the practice of law. Depending upon which ...


Technology, Data Privacy

The reality is that consumers just do not have the bandwidth to spend the time reading the notices. Even if consumers spent th...


Military Law, Civil Rights

Gender issues in the ranks

Mar. 9, 2021
By Eileen C. Moore

Does the military really want women in its ranks?


Government

Locked down or locked up?

Mar. 9, 2021
By Richard Kaplan, Cody Elliott

Demystifying COVID-19 health order enforcement


Government, Environmental & Energy

The U.S. Department of the Interior plays an outsized role in California natural resources law and policy. Two examples: The f...


Judges and Judiciary, Books

An excerpt from “Of Courtiers & Princes: Stories of Lower Court Clerks and Their Judges.”


Letters, Law Practice, Judges and Judiciary, Appellate Practice

The conceit of a regular columnist is to be published even when one has nothing to say. For this, I cite Myron Moskovitz's "On...


Law Practice, Civil Litigation

Errors relating to the presence of a jury

MCLE
Mar. 8, 2021
By David M. Axelrad

If prejudicial and properly preserved, these errors can result in reversal.


U.S. Supreme Court, Constitutional Law

The next landmark case on student free speech

Mar. 8, 2021
By David Urban

Only about once in a decade does the U.S. Supreme Court decide a case on First Amendment rights of students. This year, the co...