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Judges and Judiciary, Constitutional Law

In view of the increasingly fractured political climate providing more opportunities for expressions of displeasure with the j...


Legal profession surveys consistently show a persistent, systemic inclusivity problem: at 70% male and 88% white it is one of ...



Civil Litigation, Labor/Employment

As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...


Law Practice

In 2019, the Court of Appeal (but not Supreme Court) predictably addressed many of the same general issues which come before i...



While the use of litigation finance is now well-established in the legal industry, it still garners significant attention amon...


U.S. Supreme Court, Constitutional Law

One leap forward and two missed steps



Civil Rights, Military Law

The law isn’t doing the job. The #MeToo Movement hasn’t made a difference. What about the movies?


Appellate Practice, Civil Litigation

Losing hurts. And when we’re hurt, we want to lash out. But lawyers know — or should know — that lashing out is not profession...



Appellate Practice

Zygote!

Jan. 6, 2020

New Year’s opening: no resolutions. At my age, it’s too late. And no clichés about it never being too late.


Civil Litigation, 9th U.S. Circuit Court of Appeals

With the new year quickly approaching, now is a good time to reflect on the 9th U.S. Circuit Court of Appeals’ significant cas...



U.S. Supreme Court, Judges and Judiciary

It is an historical anomaly that Supreme Court justices are the only judicial category not currently covered by a code of cond...


Constitutional Law, Government

Hurricane Harvey. Words that struck fear into many Texans a couple of years ago. The pain still lingers — as does the litigati...



Labor/Employment

The new laws, most of which take effect Jan. 1, 2020, cover a wide area from wage and hour and work classification to hairstyl...


The State Bar recently released Formal Opinion Number 2019-200 to address how an attorney must proceed carefully in balancing ...



Former associate justice of the Supreme Court Potter Stewart (1958-1981) advanced a very simple but elegant description of eth...


Effective Jan. 1, 2020, civil litigants will have the option of stipulating to the exchange of initial disclosure.



Corporate, Law Practice, Banking

Finding efficient solutions for high profile clients


Fifty years ago, President Lyndon B. Johnson signed the federal Fair Housing Act with the goal to “guarantee a basic American ...



The floodgates protecting truly professional conduct of the legal profession were opened on June 27, 1977, the day the U.S. Su...


Judges and Judiciary

Ballot designation blues

Dec. 11, 2019

In October 2017, Gov. Jerry Brown signed into law Senate Bill 235, which amended Elections Code Section 13107 to call for the ...



Law Practice

A veteran’s access to a lawyer can mean the difference between living under a roof or under a bridge


Family, California Courts of Appeal

A recent case has deepened a split of authority in dependency law. The split concerns one of the most frequently litigated gro...



Multiple sources have helped establish the principle that lawyers may ethically represent clients operating in the cannabis in...


Law Practice

Attorneys are often asked by their clients, “What do you think is going to happen?” or “What is this case worth?” Through expe...



The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.


Intellectual Property, Entertainment & Sports

Two high-profile cases have highlighted certain aspects of music copyright infringement litigation which have become quite con...



Judges and Judiciary, Law Practice

*@#!ing

Dec. 3, 2019

This, my December column occurs in the month when many readers may be vacationing, a perfect time to let it all “hang out” and...


Civil Rights

Whatever it takes



California Courts of Appeal

A new day has dawned with the California Supreme Court’s approval of new Rule 3.3, Candor Toward the Tribunal, last November. ...


Because 150 people became homeless every day, homelessness rose by 12% last year. We will never end homelessness if we only he...