Letters
“Simple fix” to replacing certified shorthand reporters is pound foolish
By Mary E. Pierce
A live court reporter makes a record in realtime and typically has one or two backups to that record. This is a tested practic...
Wills, Estates & Trusts, Real Estate/Development
Exempt fiduciary sellers and their duty to disclose
By Teresa Gorman
If an Exempt Seller has a Death Certificate in their possession which indicates there was a death on the property and they res...
Entertainment & Sports
Stream it Tonight! 12 Angry Men (1957)
By Paul Bergman, Michael Asimow
A value of movies like 12 Angry Men may be to remind us that jury trials are a central aspect of American justice.
Court values real estate over reform
By Michael J. Aguirre
Values expressed in 1974 Political Reform Act forgotten in 2022
Law Practice, Appellate Practice
Trial tips for a winning closing argument
By Dan L. Stanford
I am constantly surprised how many defense lawyers fail to go through the verdict form in their one shot at closing argument. ...
Litigation & Arbitration
Arbitration agreements should be read as drafted
By Ronald L. Zambrano
A fundamental principle of contract law is that contracts are read in favor of the party that did not draft the agreement. Giv...
Labor/Employment, Contracts, Antitrust & Trade Reg.
FTC proposed rule on employee noncompetes
By Pooja S. Nair
Employers with existing non-compete clauses at the time the rule goes into effect must rescind the non-compete clause no later...
Litigation & Arbitration
Can someone sue the dead? Yes, but it’s a minefield
By Daniel J. Wilson
If someone has died and owes you money, you may be entitled to relief but be careful: strict rules and procedures can kill oth...
Real Estate/Development, Land Use, Civil Rights
Unlawfully restrictive covenants must be redacted
By Nicole M. Rivers, Anthony Nash
Stakeholders with actual knowledge that a deed, declaration, or governing document may contain an unlawful restrictive covenan...
Construction, Alternative Dispute Resolution
Post-settlement third party reports are likely binding
By Garret D. Murai
The Court of Appeals “respectfully” concluded that “if Coral Farms intended a different result, then perhaps it should have ne...
The IRS does not have the power to outvote the Tax Court or Eleventh Circuit, but it has the power to audit.
What general counsels and company leaders need to know about transparency and accountability for data breaches
What employers need to know about additional rights in the California Privacy Rights Act
Wills, Estates & Trusts
Top 5 trusts and estates cases of 2022
By Ciarán O’Sullivan
There were more Trusts and Estates appellate opinions compared to the year prior. Though none had earth shattering implication...
l am like a fugitive from a horror movie, one of the undead. Luckily, I don’t enter the courtroom from the entrance, an unnerv...
Letters
“Tossing” of $36.5 million motorcyclist death verdict unjustified
By Arash Homampour
Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals
Alternative method of service allowed on foreign defendants
By Josh Eichenstein
Under a recent Ninth Circuit Court of Appeals decision, a plaintiff suing a foreign-domiciled defendant for Lanham Act violati...
Senator Susan Talamantes Eggman was the right person at the right time for veterans in family law matters.
Litigation & Arbitration, Insurance
2023 brings a new set of rules for making settlement demands
By Casey R. Johnson
One of the most notable changes required by SB 1155 is the time an insurance company must be given to act on a pre-litigation,...
Judges and Judiciary, Ediscovery
Voir dire: disability as a basis for peremptory strikes
By William Slomanson
California has now provided other state and federal courts, and legislative bodies, with the opportunity to consider whether t...
Wills, Estates & Trusts
A small bright line in the murky law of no contest clauses
By Mark J. Phillips, Jake V. Phillips
No contest clauses come in all shapes and sizes, from a single paragraph to a dozen pages, and courts have found their enforce...
At a time when conspiracy theories are running rampant, the justice system needs to be all the more deliberate and grounded in...
Government, Civil Rights
Are there limits to police interrogation techniques?
By Dmitry Gorin, Alan Eisner
The admissibility of a suspect’s custodial statement, even post-Miranda invocation, depends on the totality of the circumstances.
Marijuana and the workplace in the age of legalization.
Litigation & Arbitration
Pre-litigation settlement just got a lot more demanding
By David B. Ezra, Jamil Shaaban
One of the outcomes of SB 1155 is that it imposes substantive requirements on pre-litigation time limited settlement demands.
Intellectual Property
Is Kelly a basis independent of Sargon to challenge a novel scientific theory?
By Lawrence P. Riff
That issue is discussed at length in the recent First District Court of Appeals decision, Bader v. Johnson & Johnson et...
Law Practice, Appellate Practice
Complying with client guidelines
By Shari L. Klevens, Alanna G. Clair
If law firms agree to client guidelines but do not fully consider the requirements, it could spell trouble down the road.
Law Practice, Ethics/Professional Responsibility, Appellate Practice
Get your law firm’s succession planning out of your lizard brain
By Daniel O’Rielly, Dena Roche
The first step is to recognize that the Rules of Professional Conduct require you to have a succession plan in place.
Labor/Employment
New law on emergency conditions at place of employment
By Eric P. Weiss, Jasmin B. Bhandari
One can easily foresee the potential issues raised by the new law, and its impact on employees and employers, as well as the c...
Government, Family
Preconception, prenatal and postnatal considerations
By Reza Torkzadeh, Allen P. Wilkinson
An unborn child whose father has died due to another’s tortious conduct may bring an action for the wrongful death of that par...