State Bar & Bar Associations, Letters
Committee of Bar Examiners stand ready to act on February California Bar Exam and experiment
By Alex Chan
Experiment participants would only be eligible to receive a grading adjustment if they meet a minimum threshold score in order...
U.S. Supreme Court, Family
Recent U.S. Supreme Court ruling influences business valuations in family law cases
By Dean Hansell
The Court concluded that the cash value of a life insurance policy increases a business's fair market value, regardless of its...
Letters, Judges and Judiciary
It's time to end judicial elections in California
By William M. Crosby
Judge Eugene H. Hyman rightly points out the expense of holding judicial elections, and the lack of meaningful knowledge rega...
Litigation & Arbitration, Evidence
Legal loopholes: Navigating third-party subpoena restrictions in arbitration pretrial discovery
By Tricia A. Bigelow
Despite restrictions on prehearing third-party subpoenas in arbitration under federal and state laws, carefully crafted arbitr...
Proper settlement agreement wording is crucial to avoid tax issues and ensure favorable tax outcomes.
The current conservative majority on the Supreme Court is unlikely to change its stance, but future shifts in the Court's co...
Civil Procedure
Section 998's cost-shifting mechanism: A closer look at the controversy
By David B. Wasson
The cost-shifting mechanism under California Code of Civil Procedure Section 998 infringes on defendants' constitutional rights.
9th U.S. Circuit Court of Appeals
Gun control: 9th Circuit restricts in some places, but not all
By Philip M. Howe
The U.S. Ninth Circuit Court of Appeals made a significant ruling on gun control laws, affirming and reversing preliminary inj...
Juries are meant to resolve civil disputes, but few cases ever reach them today. What if the traditional voice of 'The Peopl...
China has ended its overseas adoption program after nearly forty years, marking a significant shift in the country's child p...
Torts/Personal Injury, Construction, California Supreme Court
Lawsuit by families of Pepperdine students could put recent State Supreme Court case to the test
By Garret D. Murai
The lawsuits will test Government Code section 830.6, which provides design immunity to public entities, and the recent Cali...
Law Practice
The rising tide of law firm mergers: a competitive drive for market dominance
By Kristin Stark
There has been a significant increase in law firm mergers in 2023 and 2024, with a focus on smaller firms. This trend reflects...
Judges and Judiciary, Ethics/Professional Responsibility
When does legal error become a judicial ethics violation?
By Laura W. Halgren
The California Code of Judicial Ethics states that a judicial decision later deemed legally incorrect is not a violation of th...
California Supreme Court, California Courts of Appeal
Overruled? Court of Appeal panel overrules earlier decision, raising questions about precedent
By Michael J. Raphael
The California Supreme Court has granted review in a case in which a panel overruled an earlier opinion from the same division...
Litigation & Arbitration
Why litigation is necessary to hold private equity accountable for elder abuse
By Edward P. Dudensing
Studies have shown that private equity ownership is linked to higher death rates and adverse health events in nursing homes, a...
Entertainment & Sports
How sports disability lawyers can help our Olympic and college athletes
By Frank N. Darras
Young athletes often underestimate the need for disability insurance, which can cover career-ending injuries or illnesses, wit...
State Bar & Bar Associations
State bar should be praised for experimenting with bar exam reforms
By Susan Smith Bakhshian
The State Bar of California is planning to administer its bar exam with an experiment to ensure the new questions work and the...
Torts/Personal Injury, Civil Procedure, Civil Litigation
California court decisions bolster victim rights for sex abuse victims
By Douglas A. Rochen
Recent California rulings now allow childhood sexual assault victims to file claims against public entities, bypassing previou...
Cannabis
Proposed THC regulations face pushback from the hemp industry, highlighting inconsistencies between federal and state cannabis laws
By Deanna J. Lucci
Gov. Gavin Newsom's emergency regulations aim to ban food, beverages, and dietary products with any THC or intoxicating cann...
Torts/Personal Injury, Entertainment & Sports
Legal considerations for movies and TV shows claiming to be based on true stories
By Chris L. Perez , Haley Mark
True stories or films based on them are protected by the First Amendment but must inform viewers of any harmful content. Dis...
Intellectual Property, Civil Procedure
Clarifying standing in patent infringement lawsuits
By Dariush Adli
The Federal Circuit clarified that in patent infringement suits, the key to constitutional standing is the "right to bring s...
Government
Understanding the US Electoral College: Who, what, why, when, and how we elect our presidents
By Selwyn D. Whitehead
The Founders created the Electoral College to balance interests and prevent undue influence, but elections like those in 200...
International Law
Israel's legal fight against Hamas war criminals: Pursuing justice amidst conflict
By Baruch C. Cohen
Israel's legal system grapples with unprecedented challenges in prosecuting thousands of Hamas suspects following the Oct. 7,...
How a split is created or articulated affects the likelihood of the Supreme Court reviewing the case, with explicitly created...
Constitutional Law
California's business reporting law for social media companies raises First Amendment issues
By Krista L. Baughman
The recent 9th Circuit case, X Corp. v. Bonta, addresses whether defining a "standard business report" in social medi...
The California State Bar plans to conduct an experimental bar exam in November 2024, offering up to 40 extra points on the act...
Torts/Personal Injury
Uber driver murdered, Lyft driver stabbed, who is responsible?
By Michael E. Rubinstein
In two separate cases, the Court of Appeal ruled that Uber and Lyft do not owe a duty to protect their drivers from violent at...
Vice President Kamala Harris has proposed a tax on unrealized capital gains for taxpayers with wealth greater than $100 millio...
Land Use, Government, Constitutional Law
Proposition 34: The legal issues behind the political conflict
By John S. Caragozian , Nat Stern
Proposition 34 is a California Apartment Association attack on the AIDS Healthcare Foundation, but who can defend its constitu...
Technology, Data Privacy
The California Invasion of Plaintiffs Act: A Cold War-era law is heating up court dockets
By Elliott Siebers , Patricia M. Carreiro
California's Invasion of Privacy Act has been interpreted by some courts to apply to various internet technologies, including ...