Law Practice, Family
Litigation is not a substitute for rule of law, or the only end game
By Mark B. Baer
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?
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...
Family
Cultural Divorce, Part XII: Six billion ways to leave your marriage
By Abbas Hadjian
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
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
Bad facts make bad law, and it can cost you in MDL fees
By Paul R. Kiesel
This strategy is not recommended, but if you are not interested in paying common benefit fees for your cases, you should remai...
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
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
By Erin M. Joyce
As of July 1, over 1600 California attorneys were enrolled on administrative inactive status because they failed to complete t...
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
Don’t forget about site inspections and #MeToo discovery in employment cases
By Christina M. Coleman
Site inspections and #MeToo discovery are not appropriate for every case. Nonetheless, the best practice is to simply put them...
Law Practice, Evidence
Weaving the defense theme throughout the trial for a fair and just verdict
By Nicole Whyte
Core values, such as honesty, honor, and personal responsibility, can form the foundation of the defense theme.
Constitutional Law, California Courts of Appeal
Anti-SLAPP protection to public records requester answers some questions, but begs others
By Krista L. Baughman
Is the court's holding limited to real parties in interest in mandamus proceedings, or could non-party litigants in other type...
Motions in limine serve a critical function for trial, as they help frame your case and place necessary limitations on evidence.
Torts/Personal Injury
Proving constructive notice against a retail store in a premises liability case
By Ese Omofoma
Most premises cases deal with constructive instead of actual notice, due to a lack of evidence showing a defendant’s actual kn...
Military Law
An American hero of Hispanic heritage: Everett Alvarez
By Eileen C. Moore
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
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
When a taking is legislative or administrative, does it matter?
By Michael M. Berger
Two classic Supreme Court cases involved legislative decisions that were enforced during administrative proceedings. Had the C...
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
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’
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
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
Trump’s oath to support the Constitution may be his undoing
By John H. Minan
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
Timekeeper rounding practices may be running out of time
By Lonnie D. Giamela
In reviewing cases dealing with rounding time policies, appellate courts up until recently stood behind the ruling in See's Ca...
The historical scenario that looms over Kamala Harris’ renomination is young Richard Nixon’s predicament in 1956.
International Law
A nearly 100-year-old tariff law is being used to fight child labor in the chocolate industry
By Paul L. Hoffman
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
6th Circuit's Sandmann ruling blurs the distinction between fact and opinion
By Krista L. Baughman
The majority’s creative interpretation of the line between fact and opinion creates a slippery slope that will undoubtedly be ...
Constitutional Law
Whether social media is a private actor or “public square” may finally be resolved
By Cameron Schlagel
The primary question in two cases from separate circuits is whether laws restricting content-moderation on social media comply...
The CPUC’s decision is significant. San Francisco is an enormous market for taxi and ride-hailing services. It is the perfect,...
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...