Law Practice, Appellate Practice
'Law of the case': Mistakes appellate attorneys see over and over
By Myron Moskovitz
From my perch as an appellate lawyer, I review a lot of trial court transcripts. I see quite a few mistakes — by both judges a...
U.S. Supreme Court, Constitutional Law
Barrett is undeterred by the modern confirmation crucible
By Michael Reynolds
Unfortunately for Judge Amy Coney Barrett, her qualifications are likely to attract less attention than they deserve during th...
Environmental & Energy
Zero-emission vehicle order: lofty goals, light on details
By Shannon S. Broome, M. Clare Ellis
On Sept. 23, Gov. Gavin Newsom held a press conference to announce issuance of Executive Order N-79-20 setting several broad g...
Technology, Law Practice
Artificial intelligence aiming to shape the next era of the law
By Lance Eliot
American history and American law are joined at the hip and must be viewed concurrently. Legal scholars insist that historical...
State Bar & Bar Associations, Legal Education, Covid Columns
COVID-19 pandemic brings problems with bar exam into sharp relief
By Kurt Watkins
The COVID-19 pandemic has brought the long-overlooked problems of the California bar exam into sharp relief. Put frankly, the ...
Judges and Judiciary, Covid Columns
Judicial outreach will emerge stronger after the pandemic
By Richard L. Fruin
COVID-19 has not stopped judicial outreach programs. But it will change them. Judicial outreach will emerge stronger and bette...
U.S. Supreme Court, Labor/Employment, Intellectual Property, Government, Constitutional Law, Civil Rights
Next week: The First Monday
By James Azadian
As the court gavels-in the new term, let us take a look at the more significant cases that are already on its docket -- and th...
Judges and Judiciary, Ethics/Professional Responsibility
Unconscious bias training is now mandatory for judicial officers
By Patrick M. Kelly
On Sept. 25, the Judicial Council of California approved an amendment to California Rule of Court 10.469 to make education on ...
Health Care & Hospital Law, Covid Columns
SB 855 attempts the elusive task of crafting a working definition of 'medical necessity'
By Craig B. Garner
Defining “medical necessity” in the context of medical and surgical benefits has already been a challenge for health care, and...
Entertainment & Sports, Covid Columns
Hollywood takes precautions as production resumes
By Jody Simon
As summer turns to fall, movie and TV production is just beginning to gear up in the face of a pandemic that is showing little...
Insurance, Civil Rights, California Courts of Appeal
Ruling on when insurance agent ‘experts’ assume special duties
By Samuel Bruchey
For more than two decades, California courts have recognized that one of the three ways an insurance agent broadens the genera...
Insurance, California Courts of Appeal
Rulings disagree: Is loss of use of a leasehold ‘property damage’?
By Peter S. Selvin
Is a party’s loss of use of a leasehold or other interest in real property considered “property damage” within the meaning of ...
Law Practice, Books
Harvest witness’ stories for maximum impact at trial
By Sidney Kanazawa
Kathrine James has written a book on preparing witnesses, “Harvesting Witnesses’ Stories: How to Get Your Client the Second-Be...
The headline to the Sept. 30 story, “Judge accuses lawyer of ‘gender incivility’,” inaccurately states that the judge in MJJ P...
Torts/Personal Injury, Civil Rights
The curious case of Amazon’s product liability strategy
By Jeremy K. Robinson
Until recently, Amazon had a unified, and largely successful, approach to avoiding lawsuits over defective products sold on it...
Antitrust & Trade Reg.
Google likely would lose if sued by US for antitrust violation
By Patrick E. O’Shaughnessy
Press reports suggest that the United States and nearly every state are in the midst of putting the finishing touches on their...
Labor/Employment
Governor Newsom expands California Family Rights Act
By Christine H. Long
The governor approved a historic expansion of the California Family Right Act earlier this month when he signed into law Senat...
Labor/Employment, Covid Columns
Can employers require employees to receive a COVID-19 vaccine?
By Jackie Karama, Josh Henderson
Neither the courts nor federal agencies have addressed whether an employer-mandated COVID-19 vaccination requirement is lawful...
I was dumbfounded by the “Daddy’s Gill” headline in the Daily Journal’s Sept. 28 profile of Kern County Superior Court Judge S...
Probate
Navigating increased probate thresholds under Assembly Bill 473
By Rebecca L. Van Loon
The bill increased thresholds for “small estates” to avoid formal probate proceedings.
Securities, Mergers & Acquisitions
Strategies for fund managers to avoid SEC pitfalls
By Sara L. Terheggen
Whether you are a first-time fund, exempt adviser or registered investment adviser, all funds must be mindful of implementing ...
Real Estate/Development, Law Office Management, Covid Columns
The Great COVID-19 Office Migration: winners and losers
By Daniel Teitelbaum
Businesses and investors can get ahead by embracing the changes that are here to stay.
Alternative Dispute Resolution
Advantages of using a judge pro tem
By Patrick J. Mahoney
Parties use a judge pro tem to ensure a decision maker is knowledgeable in the law applicable to the dispute as well as having...
Western Joshua tree gets closer to candidacy to California Endangered Species Act protection
By Sunjana Supekar, Douglas P. Carstens
Last week, by a unanimous 4-0 vote, the California Fish and Game Commission agreed to accept a petition submitted by the Cente...
Labor/Employment, Covid Columns
AB 685 requires employers to provide notice of COVID-19 exposure
By Kacey R. Riccomini
Earlier this month, Gov. Gavin Newsom signed a bill to impose notice, record keeping and safety obligations on employers in Ca...
U.S. Supreme Court, Constitutional Law
RBG, her successor and takings law
By Michael M. Berger
As this column is devoted to takings law, this seemed like an apt moment to examine the late Justice Ruth Bader Ginsburg’s par...
Judges and Judiciary, Ethics/Professional Responsibility
The ethics of endorsement: Our high court should speak up
By Eugene M. Hyman
If the state of California is looking to reckon with the pseudo-symbiotic relationship between the justice system and law enfo...
U.S. Supreme Court, Letters, Government
Column on RBG’s death ignores recent history
By Jacques Beugelmans
In his Sept. 25 guest column, Ben Feuer makes the dramatic pronouncement that “[Justice Ruth Bader] Ginsburg’s death could spa...
Government, Criminal
A defendant with a pardon tops a defendant without a prosecutor
By Howard Gillingham
"General Michael Flynn is a defendant without a prosecutor" With that rhetorical hook, Sidney Powell, counsel for former Natio...
Health Care & Hospital Law, Entertainment & Sports, Covid Columns
Liability issues related to the return of college football
By Richard C. Giller
The COVID-19 edition of the 2020 NCAA college football season is unlike any of the previous 150 seasons.