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Civil Procedure

How summary judgment hearing dates are causing preventable trial continuances

May 12, 2025
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

May 12, 2025
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

May 12, 2025
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

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

May 12, 2025
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

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 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?

May 9, 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

The California Environmental Quality Act plays a crucial role in safeguarding vulnerable communities--such as those in Chinato...


Technology, Insurance

4 myths about cyber insurance

May 9, 2025
By Richard DeNatale

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

May 9, 2025
By Roberto Escobar

California is pioneering sustainable food systems through innovative corporate models and legislation that embed circular econ...


Civil Rights

Silencing civil rights with a price tag

May 9, 2025
By Shilpi Agarwal

Trump's new order requiring security bonds in lawsuits seeking quick relief could block civil rights cases by pricing advocate...


Alternative Dispute Resolution

Judges and attorneys bring different but invaluable strengths as neutrals, helping parties understand litigation risks and set...


Government, Constitutional Law

Two prosecutors sent work-related emails in 2021, but only one--Diana Teran--is facing felony charges and possible disbarment,...


The Ninth Circuit's decision in D'Braunstein v. CHP offers a rare win for civil rights plaintiffs, highlighting how qua...


In this interview, Judge Lawrence P. Riff, supervising judge of the Civil Division of the Los Angeles Superior Court, discusse...


Environmental & Energy

Puerto Rico's energy precipice

May 8, 2025
By Ruth Santiago

Puerto Rico faces worsening blackouts as leaders extend coal and gas use--ignoring clean, proven solutions like rooftop solar ...


Insurance, Civil Litigation

Whether an insurance carrier is on the hook for damages beyond policy limits requires a close analysis of fact patterns, case ...


Military Law

Jewish heroes: The Ritchie Boys

May 7, 2025
By Eileen C. Moore

Camp Ritchie's clandestine training transformed Jewish immigrants into one of America's most effective intelligence forces.


Ethics/Professional Responsibility

To ethically reach out to potential clients during a disaster, lawyers must recognize the difference between advertising and s...


Wills, Estates & Trusts

Packard v. Packard confirms that petitions to reform a trust to reflect a settlor's intent aren't "contests" and aren...


Criminal

Early defense counsel engagement can protect clients' reputations and legal interests before formal charges materialize.


Litigation & Arbitration

Law is an archer's game

May 6, 2025
By Baruch C. Cohen

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

MCLE
May 6, 2025
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

The Trump Administration's crackdown on undocumented immigrants, including courthouse arrests, jeopardizes the ability of vuln...


Government, Constitutional Law

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

May 6, 2025
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...


Judges and Judiciary

Part II

May 5, 2025
By Arthur Gilbert

The remarkable Phil S. Gibson shaped California law through his relentless pursuit of clarity and constitutional justice.


Government

Moskovitz vs. Hahvahd

May 5, 2025
By Myron Moskovitz

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

MCLE
May 5, 2025
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, ...