Probate
Conservatorships demystified; exploring the State's conservatorship types and their impact
By Stefan O'Grady
The type of conservatorship required by an individual in California depends on their individual needs, age, disability, and wh...
Probate
Electronic communications do not constitute valid trust amendments
By Blaine M. Brown
Lines drawn in digital ink: Trotter v. Van Dyck upholds traditional formalities in the face of modern technology.
Probate appeals involve unique complexities, including different rules for appealable orders and the probate court's authority...
Many Americans lack a Will, assuming their assets automatically go to their children or closest relatives. However, California...
Probate
Clear, certain, and undisputed: Who holds the estate planners accountable?
By Matthew D. Kanin
Two recent cases in the Court of Appeal examined the limitations on the potential class of plaintiffs to whom the drafting att...
Probate, Ethics/Professional Responsibility
The impact of NCBE dropping wills and trusts from the Next Gen Bar Exam
By Margaret G. Lodise
Even with California for the moment bucking the trend, trusts and estates practitioners are justifiably worried about the impa...
Probate
When surviving trustors try to change irrevocable sub-trusts
By Paul A. Hoffman
In California, surviving trustors often mistakenly attempt to amend irrevocable sub-trusts, which can lead to significant lega...
Probate
Dealing with the burden of an unknown omitted child in estate plans
By Sean D. Muntz
The Estate of Williams case highlights the challenges unknown omitted children face in California, as they must prove t...
Probate
Streamlining probate: expert tips to avoid unnecessary hearings
By Troy Alexander Werner
Imagine cutting through months of court delays and overwhelming paperwork with a few smart fixes to California's probate syste...
Civil Procedure
Can you sell real property to satisfy a judgment? ...It's complicated
By Ira M. Friedman, David Friedman
Collecting a judgment can be difficult, as it requires turning a legal ruling into actual payment. The Enforcement of Judgment...
Civil Litigation
Walking the fine line between incivility and zealous advocacy in civil litigation
By Joseph M. Kar
Courts should not attribute the combative nature of litigation to a chronic mental disease requiring lawyers to be mentally ev...
Criminal, Civil Litigation
Why California court reporters are pricing themselves out of courts
By Karl A. Gerber
California's court reporters, essential fixtures in our courtrooms since 1872, now find themselves criticized for high fees, s...
California filed 123 lawsuits against the federal government during Trump's first presidency and is preparing for more under G...
Civil Litigation
How defense lawyers can protect public trust by regulating litigation funding
By Carol M. Langford
Alternative litigation funding, where third parties finance lawsuits for interest or a share of potential recovery, is growing...
Construction
California court upholds debarment of contractors for apprenticeship violations
By Garret D. Murai
The case of GRFCO, Inc. v. Superior Court highlights the importance of compliance with the apprenticeship requirements ...
Year in Review Column, Cannabis
The cannabis laws of the 2024 state legislative session
By Shay Aaron Gilmore
The 2024 California legislative session introduced significant changes to cannabis and hemp laws, including research facilitat...
Labor/Employment
California's $20 wage hike and the future of fast food
By Richard G. Reinis
California's landmark $20 minimum wage for fast food workers is reshaping the industry, but questions about its long-term impa...
Tax
Navigating litigation funding requires a thorough and careful tax strategy
By Robert W. Wood
Litigation finance is a legitimate way for lawyers and plaintiffs to receive nonrecourse cash, but it's important to consider ...
Judges and Judiciary, Civil Procedure
Summary judgment motion deadlines modified by new legislation
By Stuart M. Rice
AB 2049 is the first structural change to California's summary judgment law since the early 2000s, with the statute originally...
Judges and Judiciary
The need for experiential diversity on the bench
By Stephen T. Morgan
Corporate, Administrative/Regulatory
The massive change in FTC's 'click to cancel' rule and the state's updated law that nobody is discussing
By Shahin Rothermel, Ari N. Rothman
Decisions by the FTC and California may open new avenues for challenging any advertising claims, with potentially multi-millio...
Intellectual Property
Trademark tensions on the track: Court upholds First Amendment protections in Haas v. Steiner
By David Martinez, Navin Ramalingam
The case of Haas Automation, Inc. v. Guenther Steiner and Ten Speed Press highlights the balance between trademark law and cre...
The gatekeeper role, found across mythologies worldwide, is akin to the task trial courts face when screening expert testimo...
Ethics/Professional Responsibility
Attorneys have much to be thankful for
By Shari L. Klevens, Alanna G. Clair
There are many reasons attorneys can be grateful during the holiday season, including improvements in legal malpractice manage...
Military Law
Private Anthony Dominick Benedetto, later known as Tony Bennett: A World War II veteran's legacy
By Eileen C. Moore
On Veterans Day, we honor Tony Bennett, a beloved music icon and World War II veteran who faced the harsh realities of combat ...
Health Care & Hospital Law, Government
Governor nixes bill on private equity in California healthcare
By John Goheen, Joe Harrington
California Gov. Newsom vetoes AB 3129, stopping new restrictions on private equity and hedge fund-backed healthcare deals but ...
Ethics/Professional Responsibility
The ethics of pursuing mental health care
By Timothy L. Fall
Legal professionals have an ethical duty to seek appropriate mental health care to ensure they can perform their roles effecti...
Government
After the avalanche: Nathan Hochman becomes the 44th district attorney of LA County
By James R. Bozajian
Nathan Hochman ran a disciplined campaign, leveraging Gascon's unpopularity and securing significant fundraising and endorseme...
Tax, Government, Entertainment & Sports
The recent film tax credits won't save Hollywood
By Laura LaBrecque
California's latest film and television tax credit proposal aims to boost production, but can it compete with other states and...