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Law Practice, Family

While litigation serves a very important purpose in our society, it is a process choice for dispute resolution. It is by no me...


Guide to Legal Writing

Apostrophic Apotheosis: Whose fees are they, anyway?

Sep. 5, 2023
By Benjamin G. Shatz, Benjamin E. Strauss

“Is the proper term ‘attorney fees,’ ‘attorneys fees,’ ‘attorney’s fees,’ or ‘attorneys’ fees?’” The next time you’re struggli...


We co-exist with about eight billion other individuals, nearly six billion of us are above the age of 15 and biologically capa...


Law Practice

The many roles of jury consultants – why or why not to use them

Sep. 5, 2023
By Mike Arias, Christopher A.J. Swift

Even the most experienced trial attorney would be lucky to have picked one hundred juries in their entire career. For this rea...


Class Action, 9th U.S. Circuit Court of Appeals

This strategy is not recommended, but if you are not interested in paying common benefit fees for your cases, you should remai...


Judges and Judiciary

The definition of justice

Sep. 1, 2023
By David Rosenberg

Once upon a time, we all believed that Judges could always be impartial, but we have since learned that we (like all humans) a...


Torts/Personal Injury, Civil Litigation

Billing experts – directs and crosses

Sep. 1, 2023
By Greyson M. Goody

Most billing experts are not medical doctors and became “experts” by taking a short course in billing. This article illuminat...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

New frontier for trust accounting

Sep. 1, 2023
By Erin M. Joyce

As of July 1, over 1600 California attorneys were enrolled on administrative inactive status because they failed to complete t...


Torts/Personal Injury

Proving damages in low-impact auto cases

Sep. 1, 2023
By Byron (B.J.) Abron

When you have a case that is low-impact, and thus has little to no property damage, it is important that you consider introduc...


Labor/Employment

Site inspections and #MeToo discovery are not appropriate for every case. Nonetheless, the best practice is to simply put them...


Law Practice, Evidence

Core values, such as honesty, honor, and personal responsibility, can form the foundation of the defense theme.


Constitutional Law, California Courts of Appeal

Is the court's holding limited to real parties in interest in mandamus proceedings, or could non-party litigants in other type...


Law Practice, Evidence

Drafting effective motions in limine

Aug. 31, 2023
By Teresa A. Johnson

Motions in limine serve a critical function for trial, as they help frame your case and place necessary limitations on evidence.


Most premises cases deal with constructive instead of actual notice, due to a lack of evidence showing a defendant’s actual kn...


Military Law

The tortures and extreme trauma that Everett Alvarez and other POWs experienced at the hands of the North Vietnamese and Viet ...


Law Practice, Ethics/Professional Responsibility

Saving remote appearance from itself

Aug. 31, 2023
By Daniel P. Maguire, Shawn Landry

There is no inherent reason why remote appearance should be more casual and less decorous than physical appearance. But experi...


U.S. Supreme Court, Constitutional Law

Two classic Supreme Court cases involved legislative decisions that were enforced during administrative proceedings. Had the C...


Books

A Danish giant in “The Copenhagen Trilogy”

Aug. 30, 2023
By Richard Wirick

In this 340-page book, Tove Ditlevsen stays faithful to the grit of an exiled insider wandering her own cobblestone squares an...


Ethics/Professional Responsibility

A lawyer’s reputation can be hard to untarnish

Aug. 30, 2023
By Kenneth K. So

In recent years, a win-at-any-cost mentality has increasingly pervaded the legal profession. An attorney who interrupts others...


Contracts

TSG v. Disney is all about ‘Showing the Money’

Aug. 30, 2023
By Elsa Ramo, Laura LaBrecque

Hollywood financier TSG Entertainment’s recent litigation against Fox and the Walt Disney Company is a tale as old as time.


Cannabis, California Supreme Court

California Supreme Court Review: August 2023

Aug. 30, 2023
By Andrew S. Ong, Ariel E. Rogers

An injunction clarifying and defining the Department of Cannabis Control’s obligation to establish a track and trace system co...


Government, Constitutional Law

On Aug. 24, Lawrence Caplan filed what may be the first federal civil lawsuit against Donald Trump under Section 3 of the Four...


Labor/Employment, California Supreme Court

In reviewing cases dealing with rounding time policies, appellate courts up until recently stood behind the ruling in See's Ca...


Government

Memo to Harris: Brush up on your Nixon

Aug. 29, 2023
By James Attridge

The historical scenario that looms over Kamala Harris’ renomination is young Richard Nixon’s predicament in 1956.


International Rights Advocates recently filed a complaint with the United States Court of International Trade to force the Bid...


Done carefully and with the right kind of income, properly moving out of California can reduce or eliminate the sting of Calif...


Torts/Personal Injury

The majority’s creative interpretation of the line between fact and opinion creates a slippery slope that will undoubtedly be ...


The primary question in two cases from separate circuits is whether laws restricting content-moderation on social media comply...


Administrative/Regulatory

Robotaxi to SFO?

Aug. 28, 2023
By Aaron H. Jacoby, Gordon Sung

The CPUC’s decision is significant. San Francisco is an enormous market for taxi and ride-hailing services. It is the perfect,...


Law Practice, Appellate Practice

Effective use of focus groups

Aug. 28, 2023
By Danny Abir

Can you imagine if you were able to have a trial, see the result, turn back the clock with a crystal ball, and then go to medi...