Letters, Criminal
Column misinterpreted Los Angeles DA Gascón’s policy directive on bail
By Ana Maria Lopez
Jeffrey Clayton’s Dec. 22 column, “Gascón lacks authority to end cash bail,” grossly misinterpreted District Attorney George G...
Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Qui tam actions can avoid arbitration in California
By Marc D. Alexander
A recent appellate opinion held that a qui tam action involving the California Insurance Fraud Protection Act to combat insura...
Law Practice, Civil Litigation, Alternative Dispute Resolution
Discovery referees: A useful tool
By Michael S. Fields
For or complex discovery issues, reference to a discovery referee can help expedite the trial process.
Administrative/Regulatory
Coastal Commission tries to claim authority over building permits
By Jeremy B. Talcott
Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...
Law Practice
Law firms should recognize their ‘Rudolphs’
By Nathan M. Davis, Juanita Fernandez
Take time to recognize and honor the different identities on your team
Corporate, Antitrust & Trade Reg., Administrative/Regulatory
Divided. Will conquer? Google faces 3 distinct challenges to its conduct
By Patrick E. O’Shaughnessy
Time will tell whether the divided approach in the Google antitrust cases will work.
Law Practice, Ethics/Professional Responsibility, California Courts of Appeal, Alternative Dispute Resolution
Attorney sanctioned for frivolous attack on arbitration award
By Michael H. Leb
The gist: “The Court of Appeal is not an appropriate forum to peddle far-fetched conspiracy theories, laced with sexism and ho...
Law Practice, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Ruling emphasizes need to clarify who decides arbitrability questions
By Robert S. Amador
A recent case emphasizes the importance of proper drafting of arbitration clauses in order to ensure the likelihood an arbitra...
Construction, Civil Litigation, California Courts of Appeal
Manufacturers aren’t insulated from liability just because products are installed in a new home
By Mark S. Roth
A recent appellate ruling clarifies that product manufacturers can escape liability simply because their defective products ar...
Workers’ compensation presumption for COVID-19: a review
By Arash Homampour
In the early days of the coronavirus pandemic, California took swift action to protect workers and the public.
Real Estate/Development, Government, Covid Columns
Moratorium on unlawful detainer actions: a time line
By Ebony A. Koger
Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...
Criminal
The criminal justice pendulum is headed in the right direction, but prosecutors should proceed with caution
By Eugene M. Hyman
County prosecutors are embracing the obsoletion of misdemeanors as a remedy for an overburdened criminal justice system, relyi...
Government, Constitutional Law
A closer look at the constitutional limits of the president’s pardon power
By John H. Minan
The U.S. Constitution, Article II, Section 2, gives the president the power “to grant Reprieves and Pardons for offenses again...
Technology, Law Practice
Using AI to make a smartish digital twin of the Constitution
By Lance Eliot
Heated debate continues relentlessly regarding the U.S. Constitution and the meaning of this venerated document. One innovativ...
Judges and Judiciary, Government
One cheer for the courts that held the line in 2020
By Robert L. Bastian Jr.
A Trump-appointed jurist said it most resonantly. Rejecting one of the 60 or so Republican lawsuits challenging the 2020 presi...
Government, Corporate, Antitrust & Trade Reg.
The cases against Facebook
By David W. Kesselman, Amy T. Brantly
The recent antitrust cases against the social media giant signal new approach to antitrust enforcement
U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory
What's the right remedy for a constitutional structural wrong?
By Anne Voigts, Michael D. Roth
The U.S. Supreme Court left open one key question in its recent Seila Law decision: whether past actions taken by the CFPB und...
Law Practice, Intellectual Property
Can businesses use third-party trademarks on their websites?
By Josh Eichenstein
As the internet ever-increasingly becomes the default medium for advertising and commerce, businesses are pushing the boundari...
Labor/Employment
Employers: Navigating changes to the California Family Rights Act
By Wendy M. Lazerson, Galit A. Knotz
Important but little noticed changes to the California Family Rights Act become effective Jan. 1, and employers must be up to ...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 15: "How Do I Write the Introduction and Summary of Argument?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.
This article compares Title IX investigations in recent cases at both universities and discuss the lessons learned.
Tax, Real Estate/Development
Year-end planning for opportunity zone investors
By Phil Jelsma
With the end of the year nearing, investors must quickly yet carefully consider last minute tax planning strategies.
Securities, Government, Administrative/Regulatory
The SEC’s successful enforcement year
By Nicolas Morgan, Thomas A. Zaccaro
In 2020, the Securities and Exchange Commission’s Enforcement Division achieved what Director Stephanie Avakian described as “...
Law Practice, Judges and Judiciary
Time to end disability stigmas in judicial opinions
By Thomas F. Coleman
A well-reasoned appellate opinion came to my attention the other day. Its conclusion upheld the social decision-making rights ...
Education Law, Civil Rights
Developments related to sexual misconduct on college campuses
By Robyn C. Crowther, Brenda Star Adams
Constant changes at the state and federal levels promise further evolution of this area of law in the coming years.
Law Practice, Judges and Judiciary, Criminal
The future of trial-borne justice
By Eric Schweitzer
The time is now for us to demand and to expect real solutions that blend adaptation where it fits with preservation of core ri...
Education Law, Constitutional Law
The First Amendment in employment and education in 2021
By David Urban
Here are four significant areas of First Amendment law in which courts will likely set new precedent in the new year.
Law Practice, Civil Litigation
A first-person account of a jury trial during COVID-19
By Matthew A. Goodin, William O. Stein
We never thought being an attorney was a hazardous job. Maybe back pain from sitting too much and a couple paper cuts were to ...
Technology, Law Practice
Head-scratching about AI-based adjudication being ruefully dispassionate
By Lance Eliot
There is a rising concern that advances in artificial intelligence are tending toward the possibility of using AI-based comput...