Law Practice, Labor/Employment, Appellate Practice
Beyond the dollar settlement itself, a trauma-informed mediation will include the opportunity for both employer and employee t...
Immigration
A Nicaraguan asylum seeker who had been returned to Mexico with another asylum seeker I interviewed paid $3,000 to a person in...
Law Practice, Appellate Practice
A review of Sexual Justice by Alexandra Brodsky
The controversy about the Department of Education’s guidance is somewhat different in that the due process deficits were not o...
Insurance
Multiple liability policies and who pays first
Some carriers have taken the position that where multiple policies are implicated, the insured must satisfy all the deductible...
Government, Antitrust & Trade Reg.
Antitrust Division ratchets up leniency requirements
Whether these changes ultimately bolster or hinder the Antitrust Division’s efforts to detect and prosecute criminal cartels r...
U.S. Supreme Court, Judges and Judiciary
The more the conservative movement turns its back on stare decisis, the more our entire system of governance becomes a struggl...
Judges and Judiciary, California Courts of Appeal
Calling out the Chief Justice
The Chief Justice has failed in her constitutional and ethical duties to ensure the timely adjudication of appeals in the 3rd ...
Intellectual Property, Antitrust & Trade Reg.
Those seeking to cancel a trademark application in federal court should thus craft their allegations to establish a nexus betw...
Torts/Personal Injury, Health Care & Hospital Law
The myth of frivolous medical malpractice cases
The truth is that insurance companies do not settle frivolous medical malpractice cases and will take them all the way to trial.
Data Privacy
It remains to be seen when the California Privacy Rights Act of 2020 will be finalized, including when businesses will be requ...
U.S. Supreme Court
Is SCOTUS still “supreme?”
Apparently these candidates for confirmation were so excited about the prospect of appointment to the highest court in the lan...
Letters
Judicial elections are actually a good idea
Law Practice, Government, Appellate Practice
The bad news is that word appears to be getting out slowly. Anecdotal evidence points to apartment dwellers receiving food was...
Military Law
Stephen K. Tamura and his family were also interned in Poston, Arizona. Captain Tamura served in the 442nd. He was wounded in ...
Real Estate, Bankruptcy
With fair market values climbing almost daily, no bankruptcy attorney could absolutely guarantee that there would not be unpro...
Law Practice, Appellate Practice
California courts sanction attorney misconduct
In a stinging opinion, the Court of Appeals noted that letting the Court know you believe it is wrong, even forcefully, is acc...
Labor/Employment, Corporate
In its ruling, the court recognized that while having a heterogenous board may be a valid goal, the Equal Protection Clause pr...
U.S. Supreme Court
We should be embarrassed that the institution as a whole isn’t doing enough to maintain the public’s trust – at a time the Cou...
Torts/Personal Injury, California Courts of Appeal
The Court found there was no reason based on any special foreseeability concerns to depart from the usual duty to exercise rea...
Government
With less than 5% of the Office’s 500 attorneys devoted to affirmative litigation, the next City Attorney is poised to dramati...
Legal Education, Law Practice, Appellate Practice
Passim, and its abolition
When that rule change goes into effect, it will terminate the use of passim in the nation’s highest court. But there is someth...
Litigation & Arbitration
The most important question
Intelligence, of course, is power, which in the choosing of arbitrators, comes down to intelligence ethically obtained - espec...
Judges and Judiciary, Government
Trump appointed fifty-four federal appellate judges in his four years in office, one short of the fifty-five nominated by form...
Litigation & Arbitration
The parties bargained for arbitration, and, in turn, a different set of rules.
State Bar & Bar Associations
Towards a Tougher State Bar Audit
It seems the audit is more likely to lead to agency bloat than improved efficiency.
Real Estate, Land Use, Government
Someday your price will come? Really?
The government got its project. In the process, private property was taken. After a trial, that property was valued, and the g...
Litigation & Arbitration, Environmental & Energy
Just last year, the Fifth District Court of Appeal issued a decision in Antelope Valley Groundwater Cases v. Los Angeles Count...
Law Practice, Labor/Employment, Appellate Practice
Going forward, courts will likely consider new circumstances, and given the exponential increase in volume of remote work, new...
Law Practice, Appellate Practice
Poking holes in CDA Section 230 immunity
Fortunately, there are a few cases that have poked some holes in the liability barrier erected by Section 230 – thanks largely...
Torts/Personal Injury
In order to obtain coverage for disgorgement settlements, policyholders need to overcome a series of hurdles.