Environmental & Energy, Constitutional Law
The Framers knew that divisions of power between governments and their branches would promote individual liberty and they thus...
Appellate Practice, Law Practice
The Racial Justice Act and Young's broad interpretation force courts to squarely address racial bias in the system, and...
Law Practice, Appellate Practice
Great Workout Arthur
Because he failed to notify the court that held the probation violation hearing of defendant’s imprisonment within 30 days aft...
Insurance
There have been several lawsuits involving the use or storage of biometric information which have resulted in multi-million do...
Securities, Banking
With the stablecoin meltdown of early May, and the recent collapses of cryptocurrency hedge funds like Three Arrows Capital, t...
Law Practice, Appellate Practice
Anti-SLAPP motions and hearsay
The time for the plaintiff in Sanchez to fish or cut bait on admissible evidence should have come later - when and if t...
Appellate Practice, Law Practice
Mistrials and Good Cause to Excuse Jurors
The discharge and substitution of jurors rests within the sound discretion of the trial court. The decisions are reviewed on a...
Securities
Filing an S-3: Preparing for an open market window
A shelf can facilitate several different types of offerings including at-the-market offerings, equity lines of credits, block ...
Insurance, Health Care & Hospital Law
A welcome return to facts in COVID-19 insurance cases
The Second Appellate District's recent decision in Marina Pacific Hotel & Suites, LLC v. Fireman's Fund Insurance Co., No....
Government, Civil Rights
When a local official provokes the ire of fellow members, rather, the only remedy is some form of public reproval. Historicall...
Judges and Judiciary
Rose Bird was not recalled
Former California Chief Justice Rose Elizabeth Bird was many things. One thing she was not: recalled.
Law Practice, Government
An attack on one of us is an attack on all of us
Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...
Family, Civil Litigation
Pinpointing the date of separation is a highly fact-based process that requires a court to consider the parties’ expressed int...
Constitutional Law
Abusers have been known to try to interfere with their victims’ use of contraception, access to information, or have used coer...
Civil Rights, Constitutional Law
Tax, Litigation & Arbitration
Confidentiality provisions are increasingly common in personal injury cases. Plaintiffs’ lawyers must take precautions to prot...
Environmental & Energy, California Courts of Appeal
Litigation is not a solution to address the broadest public policy challenges, and in the end, it is the lawyers who end up wi...
Environmental & Energy, U.S. Supreme Court
After West Virginia v. EPA, the Biden Administration’s plans to tackle the climate crisis will likely (and necessarily) extend...
Ediscovery
Unlike a sports agent who preserves communications with and about a specific client, leagues face countless limitations and re...
Appellate Practice, Covid Columns, Law Practice
How I learned to stop worrying and love the pandemic
At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.
Civil Rights, Government
Expanding speech rights of government employees
There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...
Legal Education
John Fremont’s California crimes and misdemeanors
It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.
California Courts of Appeal
The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...
U.S. Supreme Court, Constitutional Law
International Law, Alternative Dispute Resolution
International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...
Government
If government lawyers abandon professionalism under the pressure of politics, polarization and careerism, one pillar of our Re...
Government
Disbarment proceedings should commence immediately
To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...
Military Law, Health Care & Hospital Law, Government
Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...
U.S. Supreme Court, Education Law, Civil Rights
Pay to Pray or Pray to Play?
The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...
Labor/Employment
Viking River Cruises to easy victory
Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...