Health Care & Hospital Law
Broad immunity for nursing homes is short-sighted
By Christa H. Ramey
In a report issued on June 4, the Centers for Medicare and Medicaid Services, which oversees most nursing homes in the United...
Government, Criminal
Good cop, bad cop and the US attorney general
By Howard Gillingham
Attorney General William Barr does not know a good cop from a bad one. United States District Judge Emmitt Sullivan may soon t...
Civil Litigation
The hearsay rule and a re-introduction to Evidence I
By Michael D. Marcus
A recent ruling provides an introductory law school review of what is hearsay and what is not.
Family
Understanding the mathematics of the double dip in California divorce (Part III of III)
By Frank Wisehart
A double dip is frequently associated with an adjustment made by the business valuer for the owning spouse's salary.
Criminal
‘Coercive control’ domestic violence bill: well-intentioned, but need to be reworked
By Nancy K.D. Lemon
State Sen. Susan Rubio has a venerable history of authoring legislation addressing the issue of domestic violence. However, un...
Insurance
Virus, disease exclusions in insurance policies may be unenforceable
By Shaun H. Crosner, Nicolas A. Pappas
In recent months, many insured businesses have turned to their insurers seeking coverage for claims and losses related to COVI...
Climate change cases can move forward in state courts, but will they be successful?
By Darrin D. Gambelin, Monica Browner
A torrent of recent decisions has pointed to state courts as the venue in which states, cities and other local jurisdictions c...
Possible misuse of military as November approaches is cause for concern
By John H. Minan
The president has considerable latitude to use the military for lawful domestic purposes, but forcefully clearing the square o...
U.S. Supreme Court, Government, Constitutional Law
The US Supreme Court’s giant Puerto Rico miss
By Glenn E. Roper
In a decision issued June 1, the U.S. Supreme Court missed an opportunity to address an important question: Does the abuse of ...
Family
Understanding business valuation for divorce litigation (part II of III)
By Frank Wisehart
The commonly used methods of valuation are categorized into three primary approaches. The three approaches are the asset, inco...
Law Practice, Civil Litigation
For the times, they are a-changin’... or are they?
By Gregory L. Bentley
To address this crisis, our court system is leaning-in. Through the valiant efforts of the Judicial Council, bench and bar le...
Torts/Personal Injury, Law Practice
Gym and fitness facilities often unprepared to respond to health emergencies
By Bruce A. Broillet, Alan Van Gelder
Various health issues can arise at a gym/fitness facility which require action by employees of the facility. Such issues can i...
Law Practice, Civil Litigation
Coronavirus’ effect on juror attitudes
By Gary A. Dordick
Once the courts figure out how to best get jurors back into the courthouse and into the jury box the question will be, how wil...
Law Practice, Civil Rights
Finding your bearing as a plaintiff lawyer in a pandemic
By Niall P. McCarthy
Closed offices and courtrooms have created a major disruption with our ability to effectively represent our clients. Plaintiff...
Law Practice, Civil Rights
It’s never too soon to prepare for trial: The seeds of good trial preparation begin early in litigation.
By Jason E. Fellner
Whether representing a plaintiff or defendant, it is never too soon to prepare your case for trial. Be the captain of your shi...
Law Practice
Using ESI-specified discovery in a post-COVID-19 data-driven world
By Stephanie Yee
Now is the time for attorneys to begin or supplement their education on the types of electronic information and the methods by...
Law Practice, Alternative Dispute Resolution
Resilience: What is it and how can I develop it?
By Jamie A. Jacobs-May
As we face the Covid-19 pandemic, most of us have experienced anything from noticeable distress to life-threatening harm and t...
Family
Understanding business valuation for divorce litigation (part I of III)
By Frank Wisehart
This three-part series will discuss key factors inherent in business valuation reports. The focus will be on mechanical issues...
Judges and Judiciary, Family
Court closures and consensual dispute resolution
By Franklin R. Garfield
The supervising judge of the Family Law Departments of the Los Angeles County Superior Court has recently announced a back log...
On June 1, the Historic Courthouse in Auburn re-opened for business after being closed for two and one-half months due to the ...
Securities, Government, Corporate
SEC Amendments to financial disclosures save money at the expense of investors
By Timothy R. Bowers, Lauren M. Bittle
On May 21, the SEC published its final rule regarding Amendments to Financial Disclosures about Acquired and Disposed Business...
Labor/Employment
‘Can’t we just be like California?’ Another solution in search of a problem
By Dawn Mertineit, Robert B. Milligan
While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department...
Many of my white friends have called to express their disgust at what they are seeing and to see how I am doing. Often the con...
Labor/Employment
COVID-19 remote workforce: document collections (part 2)
By Jason H. Tokoro, Ryan Mackey
The COVID-19 pandemic and resulting stay-at-home orders swept through the United States in a matter of days, and resulted in e...
Government, Civil Litigation, California Courts of Appeal
Cities take note: Development agreements are to protect developers
By Kenneth B. Bley
A recent opinion should serve as a warning to cities and counties that development agreements are meant to provide protection ...
Labor/Employment, Civil Litigation, California Courts of Appeal
Appellate ruling addresses legality of unlimited vacation policies
By Roland M. Juarez, Katherine P. Sandberg
In the first published appellate court decision on the issue, the California Court of Appeal laid out a path for enforceable u...
Environmental & Energy, 9th U.S. Circuit Court of Appeals
Rulings in climate cases swung momentum to plaintiffs’ side
By Richard M. Frank
The 9th U.S. Circuit Court of Appeals recently handed California local governments a major victory in what is likely the most ...
Labor/Employment
Reopening risks for California employers – how to avoid a post-COVID legal infection
By Todd R. Wulffson
Although it certainly should not be the primary consideration, minimizing risk from potential lawsuits needs to be an importan...
Law Practice, Civil Litigation
Federal court: Expert’s testimony doomed by misuse of data
By Jonathan S. Tam, Mary H. Kim
A recent decision from the U.S. District Court for the Northern District of California serves as a helpful reminder of the imp...
Probate
A powers of appointment statute in need of repeal
By Jeffrey A. Dennis-Strathmeyer
A recent Court of Appeal decision demonstrates once again that an unusual statute prohibiting judicial reformations of power o...