California Courts of Appeal, Alternative Dispute Resolution
Ex parte communication leads to arbitrator’s disqualification
By Marc D. Alexander
With rare exceptions, such as a need to discuss administrative matters, an ex parte communication between an arbitrator and at...
Law Practice
‘Minor’ traffic collisions in Los Angeles just got a lot more complicated
By Miguel A. Custodio
There once was a time when Angelenos with the misfortune of ending up in a car crash could at the very least count on an offic...
Criminal
Overly restrictive laws will inhibit forensic genetic genealogy
By Jayann Sepich
We need strong governing policies for FGG in order to safeguard the privacy of third-party individuals who are found to have a...
Lately I’ve been thinking about judges searching for anonymity when taking a beating by a “higher” court.
One day, back when I was a budding law professor, my phone rang. “Hi. I’m Don Jelinek. I just arrived in the Bay Area from the...
Civil Litigation, California Courts of Appeal, Appellate Practice
If your 998 offer goes wrong in trial court, all might not be lost
By Charles M. Kagay
That's the lesson of a few recent appellate decisions.
SoCal air district adopts first-of-its-kind ‘indirect source rule’
By Jeffrey Carlin, Gregory S. Berlin
The South Coast Air Quality Management District recently adopted a first-of-its-kind “indirect source rule” that makes owners ...
Environmental & Energy
A Dutch approach to climate change liability in Shell case
By Daniel Quinley
“Going Dutch” now may mean increased corporate liability for climate change impacts after a Dutch court found that Royal Dutch...
A review of two recent books examining the origins of some of today’s firearms.
Labor/Employment
Mental health in the workplace: a proactive, not reactive, model
By Ronald L. Zambrano
Just as law enforcement programs across the country, in response to the countless George Floyds we’ve learned about, are repla...
Law Practice, Judges and Judiciary, Covid Columns
History’s greatest shift in access to American justice in jeopardy
By Mary Ellen Waller
Policymakers are preparing to make decisions before the California constitutional deadline of June 15 to pass the 2021-22 Cali...
Environmental & Energy
European rulings show new approach to climate change cases
By Beth Hummer, Davina Pujari
A trifecta of climate change rulings — finding standing in NGOs and individuals against contributors to climate change and gov...
Law Practice, Ethics/Professional Responsibility
Key considerations for confidential settlement agreements
By Shari L. Klevens, Alanna G. Clair
Although confidential settlements are prohibited in certain cases, there are still types of cases in which confidentiality cla...
Alternative Dispute Resolution
The ethics of ordering videoconference arbitration
By Christopher David Ruiz Cameron
Can an arbitrator compel a virtual hearing over the objection of a resistant party?
Two Army veterans, suffering from physical and mental injuries were discharged with less than honorable characterizations to t...
Soft law is oftentimes the precursor to official and formalized on-the-books hard laws. The range of soft law is somewhat expa...
Criminal
Defendants’ right to confront witnesses could be in jeopardy
By Lara Yeretsian
At stake in a case pending before the U.S. high court is the right of a criminal defendant under the Sixth Amendment “to be co...
U.S. Supreme Court, Appellate Practice
FRAPs do not allow a district court to alter allocation of costs
By Dennis Zell
Last week the U.S. Supreme Court unanimously held that Federal Rule of Appellate Procedure 39 “does not permit a district cour...
Labor/Employment, 9th U.S. Circuit Court of Appeals
Wage and hour decision is a victory for the rule of law
By Thomas Kaufman
Wage and hour law often embraces a doctrine of statutory interpretation that puts its thumb on the scale of justice in favor o...
Construction
Construction Corner: ‘Lifestyles of the Rich and Famous’ edition
By Garret D. Murai
Before the Kardashians, before "Empire," before "Crazy Rich Asians," there was "Lifestyles of the Rich and Famous" with Robin ...
If your uncle, best friend or bank loans you money, is it taxable? Nope, not if it’s a real loan. But the loan or income disti...
Constitutional Law, California Supreme Court
Major 1st Amendment case pending before US high court
By John H. Minan
A pivotal First Amendment case involving student use of social media and the allowable boundaries of school regulation of off-...
The intentional deprivation of the life of an appeal can occur contractually.
Appellate Practice
Bench trials on appeal: top tips for preserving appellate issues
By Arezoo Jamshidi, Elizabeth A. Evans
Here is a quick introduction to the Los Angeles County Bench Trial Pilot Program and some tips for preserving appellate issues...
Criminal, Constitutional Law
Qualified immunity reform: Don’t forget about state courts
By Robert L. Bastian Jr.
While struggle over reform or repeal of the shield on police and prison guard abuse and misconduct continues in Congress and i...
Government, Antitrust & Trade Reg.
Klobuchar proposes bill that would overhaul US antitrust law
By David Pearl
In February, Sen. Amy Klobuchar, Chair of the Senate Antitrust Subcommittee, introduced the Competition and Antitrust Law Enfo...
Intellectual Property
The growing split over presuming irreparable harm in federal trade secret cases
By Conor Tucker
Irreparable harm, although a necessary element of injunctive relief, can be difficult to pin down in unfair competition cases....
New decisions on expert testimony in legal malpractice cases
By Corinne C. Bertsche, Kenneth C. Feldman
There has been a paucity of published cases addressing causation in legal malpractice actions over the past several years. How...
Technology, Law Practice, Alternative Dispute Resolution
Virtual arbitrations provide litigants solutions
By Robert B. Milligan, Meghan M. McBerry
As the legal industry adapts to society’s increasing dependence on technology, proceedings previously conducted in person have...
Law Practice, Ethics/Professional Responsibility
Social media use can be a Catch-22 for attorneys
By Arash Homampour
Whether for personal interactions or for political and commercial purposes, everyone these days seems to be on Facebook, Twitt...