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Columns

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U.S. Supreme Court, California Courts of Appeal, Constitutional Law

Why were three companies singled out to pay an enormous “public nuisance” bill? Because in the first half of the 20th century,...


We will never win the war on poverty in America unless we solve the problem of legal aid first.



If withdrawal is not done properly, it can make a bad situation even worse and result in a legal malpractice claim or a bar co...


Civil Litigation, Law Practice, California Supreme Court

Will the California Supreme Court invalidate broad advance conflict waivers commonly used by large law firms in their engageme...



Law Practice

Our participation in the modern version of this great experiment in democracy demands that we communicate with one another, wi...


State Bar & Bar Associations

The State Bar of California is considering a proposal to begin applying a consumer alert badge to State Bar member profile pag...



Pop-up shops are here to stay; the following is a list of characteristics that should be considered by a landlord interested i...


Labor/Employment, Alternative Dispute Resolution

With just 11 full-time and part-time DFEH mediators, there are far more cases in California that we can assist.



Constitutional Law, U.S. Supreme Court, 9th U.S. Circuit Court of Appeals

If Brett Kavanaugh's views becomes the law in more cases like Young v. Hawaii, the right to bear arms is at risk of swallowing...


Judges and Judiciary, Criminal, Appellate Practice

Earn MCLE credit familiarizing yourself with traffic infraction appeals.



New York attorney Michael Cohen made headlines again after revealing that he secretly recorded conversations between himself a...


Military Law, Criminal

Defense attorneys in California often are ignoring statutes enacted specifically to help our veterans transition back into pro...



Artificial intelligence is being used in the legal profession in a number of ways, including helping lawyers to perform resear...


Civil Litigation, Law Practice, Judges and Judiciary, California Supreme Court, California Courts of Appeal, Appellate Practice

How many judges does it take to finally adjudicate a claim or issue in a case that goes up on appeal?



Law Practice

The road to success for in-house counsel is not about how to survive this corporate jungle, but rather, how to make your mark.


U.S. Supreme Court, Labor/Employment

Much of the commentary ignores the fact that the unions had no power to take workers’ wages without state statutes authorizing...



Constitutional Law, U.S. Supreme Court

As was correctly observed at the beginning of this term by Justice Ruth Bader Ginsburg, “there’s only one prediction that’s en...


Judges and Judiciary, Law Practice

30 years

Jul. 2, 2018

This column marks the 30th anniversary I have been grinding out, I mean writing, columns for the Daily Journal.



Law Practice, Judges and Judiciary

It Never Happened

Jul. 2, 2018

Back in the 1980s the California Supreme Court was depublishing a large number of Court of Appeal opinions. It prompted an art...


Civil Litigation, Labor/Employment, California Supreme Court

Earn MCLE credit reviewing the decision, as well as its potential impact on employees and employers, including the likely effe...



Administrative/Regulatory

The act would penalize a company for suffering a preventable data breach; entitle a consumer to learn what data a company has ...


Civil Litigation

In my civil court, there is a document that I routinely order removed when it appears in trial exhibit books: requests for adm...



The key is to remain open to whichever process your client wishes to use.


Law Practice, Health Care & Hospital Law, Administrative/Regulatory, Government

Other government agencies provide notice to attorneys -- why can't the VA?



Civil Litigation, Judges and Judiciary, Alternative Dispute Resolution

I write on the most common discovery problem — and propose an unusual solution: baseball arbitration.


Labor/Employment, Corporate

Earn MCLE credit learning about how to avoid disclosing documents that your company never expected to see the light of day



Civil Litigation, Law Practice, Alternative Dispute Resolution

Before you pursue a partial settlement though, either on the defense or plaintiff’s side, it is important to understand the im...


Judges and Judiciary

The recent recall of Judge Aaron Persky -- the first recall of a California in 86 years -- is a serious assault on judicial in...



U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court

While California farmers are the most recent casualty of state overreach, without the protection of the class-of-one doctrine,...


As the legal field tries to keep pace with medical advancements, complicated and interesting cases arise.