Civil Procedure
How summary judgment hearing dates are causing preventable trial continuances
By Gary Partamian, Sheri R. Lalehzarian
A trial date is often a plaintiff's clearest path to justice, but in 2025, those dates are being extended as courts' booked ca...
Alternative Dispute Resolution
Public policy considerations in California's mediation privilege
By Kevin Kayhanian, Brandon Brousseau
Mediation aims to promote candor, but critics argue that the privilege can sometimes prioritize secrecy over justice.
Alternative Dispute Resolution
The mediation privilege: A sword and a shield
By Mark B. Wilson, Manoah S. Marton
California's mediation privilege, governed by Evidence Code sections 1115-1129, is broadly construed and strictly enforced to...
U.S. Supreme Court
Cunningham decision reshapes ERISA litigation landscape
By Orly Ahrony
The U.S. Supreme Court's decision may require policymakers to consider targeted reforms to ensure ERISA continues to serve its...
Criminal
The prison rape loophole in 'Tough on Crime' politics
By Richard Alexander, Eugene M. Hyman
In 2003, Congress united to confront the epidemic of prison sexual violence by passing the Prison Rape Elimination Act, but th...
Letters
Free speech shouldn't be a weapon against judicial independence
By Brett R. Alldredge
Judge LaDoris Cordell's complaint to the state bar challenges DA Brooke Jenkins' pattern of publicly attacking judges for lawf...
Construction, 9th U.S. Circuit Court of Appeals
The False Claims Act in action: What Hendrix v. J-M reveals
By Garret D. Murai
The Ninth Circuit took a common-sense approach in the case, steering clear of case law and legislative history, and focusing ...
Litigation & Arbitration, Ediscovery, Civil Procedure
Do the discovery provisions in SB 940 apply to arbitrations commenced before January 2025?
By Glenda Sanders, Janet Lee ("Jayli") Miller
California's SB 940 expands arbitration discovery, reversing the presumption of limited access unless parties opt out, but its...
Letters, Environmental & Energy
CEQA is playing a vital role in protecting communities from the LA gondola project
By Douglas P. Carstens
The California Environmental Quality Act plays a crucial role in safeguarding vulnerable communities--such as those in Chinato...
Despite its widespread adoption, cyber insurance remains misunderstood--even by experienced professionals--with persistent myt...
Environmental & Energy
Legal fuel for food waste solutions in California
By Roberto Escobar
California is pioneering sustainable food systems through innovative corporate models and legislation that embed circular econ...
Trump's new order requiring security bonds in lawsuits seeking quick relief could block civil rights cases by pricing advocate...
Alternative Dispute Resolution
Choosing a mediator: Why different skill sets matter
By Craig A. Schloss
Judges and attorneys bring different but invaluable strengths as neutrals, helping parties understand litigation risks and set...
Government, Constitutional Law
One law, two fates: The unequal prosecution of California prosecutors
By Ellen S. Kreitzberg
Two prosecutors sent work-related emails in 2021, but only one--Diana Teran--is facing felony charges and possible disbarment,...
Civil Rights
The qualified immunity tight rope: A closer look at D'Braunstein v. California Highway Patrol
By Justin A. Palmer
The Ninth Circuit's decision in D'Braunstein v. CHP offers a rare win for civil rights plaintiffs, highlighting how qua...
Judges and Judiciary
A tour of Department 1: Inside the civil division's nerve center with Judge Riff
By Virginia Keeny
In this interview, Judge Lawrence P. Riff, supervising judge of the Civil Division of the Los Angeles Superior Court, discusse...
Puerto Rico faces worsening blackouts as leaders extend coal and gas use--ignoring clean, proven solutions like rooftop solar ...
Insurance, Civil Litigation
Is the policy open or not? The role of 'reasonableness' in settlement dealings
By Anthony Khoury
Whether an insurance carrier is on the hook for damages beyond policy limits requires a close analysis of fact patterns, case ...
Camp Ritchie's clandestine training transformed Jewish immigrants into one of America's most effective intelligence forces.
Ethics/Professional Responsibility
How to advertise your services without running afoul of the ethics rules?
By Christine C. Rosskopf
To ethically reach out to potential clients during a disaster, lawyers must recognize the difference between advertising and s...
Wills, Estates & Trusts
Packard opens the door to more trust reformation and construction litigation
By Scott E. Rahn, Sean D. Muntz
Packard v. Packard confirms that petitions to reform a trust to reflect a settlor's intent aren't "contests" and aren...
Early defense counsel engagement can protect clients' reputations and legal interests before formal charges materialize.
Litigation, like archery, demands calm under pressure, sharp focus, and the courage to strike with purpose.
Judges and Judiciary, Appellate Practice, 9th U.S. Circuit Court of Appeals
Cf. 9th Cir.: How the 9th Circuit stands out
By Benjamin G. Shatz
The Ninth Circuit stands out among the federal courts of appeals as a vast and uniquely structured judicial galaxy--spanning ...
Immigration, Administrative/Regulatory
Courts or courted for deportation? The immigration crackdown threatens vulnerable workers
By Raphael Metzger
The Trump Administration's crackdown on undocumented immigrants, including courthouse arrests, jeopardizes the ability of vuln...
Government, Constitutional Law
Trump's tariff strategy tests the limits of presidential power and legal authority
By Selwyn D. Whitehead
California and a coalition of 12 states have filed lawsuits challenging President Trump's use of the International Emergency E...
Constitutional Law
The threats of prosecution and impeachment of federal judges
By Joseph W. Cotchett Jr.
The administration's refusal to comply with the Supreme Court's order sets a dangerous precedent that the executive branch can...
The remarkable Phil S. Gibson shaped California law through his relentless pursuit of clarity and constitutional justice.
Harvard University's enduring influence and indifference to political power is nothing new.
Wills, Estates & Trusts, Tax
Income tax considerations in estate planning: Part 2
By Robert W. Wood, Alex Z. Brown
Estate planning involves strategic decisions about asset management and transfer, with trusts serving as a key tool; however, ...
