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Legal Education, Law Practice, Appellate Practice


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


Intelligence, of course, is power, which in the choosing of arbitrators, comes down to intelligence ethically obtained - espec...


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


It seems the audit is more likely to lead to agency bloat than improved efficiency.


Real Estate/Development, Land Use, Government


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


Fortunately, there are a few cases that have poked some holes in the liability barrier erected by Section 230 – thanks largely...


In order to obtain coverage for disgorgement settlements, policyholders need to overcome a series of hurdles.


Law Practice, Judges and Judiciary, Appellate Practice


When evaluating a trial court’s rulings for potential abuse of discretion, look not only for both unreasonable trial court rul...


Law Practice, Appellate Practice


The airwaves, billboards, and internet, are now flooded with legal advertising – one result of which is to generate tens of mi...


Law Practice, Judges and Judiciary, Appellate Practice


Despite Batson/Wheeler, Black jurors are the subject of peremptory challenges about 72% of the time. In contrast, White jurors...


Antitrust & Trade Reg.


To date, only one court has entered an order finding satisfactory cooperation and a limitation of damages pursuant to ACPERA. ...


Law Practice, Judges and Judiciary, Appellate Practice


Courts are used to warning counsel about “bells” that cannot be “unrung” for the jury, but it turns out a fatally flawed trans...


Tax, Real Estate/Development, Land Use, Civil Rights


City ordinances need to be carefully crafted so they do not single out religious institutions in name or application.


Law Practice, Labor/Employment, Appellate Practice


With so much employee mobility today, law firms need to create an environment where their best people don’t want to leave.


Government, Civil Rights


Thompson said that the officers could not enter without a warrant. The officers pushed their way in, shoving Thompson to the f...


The next time you are negotiating and reviewing contracts, remember the whereas clauses. Those sentences that begin with old, ...


Military Law, Government


Besides the embarrassment and humiliation involved in disclosing the family was hungry, the service member was required to get...


He has refused to comply with subpoenas to testify and produce records regarding deputy gangs – even after courts have held th...


Litigation & Arbitration, Civil Litigation


Any comparison to three-dimensional chess, however, is insufficient by itself to illuminate the nearly unlimited facets of pro...


It is inconceivable but true that SCOTUS is the only judicial entity in the land that does not have a binding set of ethics co...


In the age of social media, one’s words can take on a life of their own, regardless of disciplinary consequences and First Ame...


U.S. Supreme Court, Litigation & Arbitration, Labor/Employment


Nothing happened in the argument to suggest that the predictable majority has evaporated. Overall, the justices in the predict...


Ginni Thomas’ words and actions have caused some academic and other commentators to find that Justice Thomas should have recus...


The question remains: what are Justice Thomas’ ethical obligations now and into the future should another election or Jan. 6 c...


Legal Education, Environmental & Energy


Before we undermine the integrity of our state’s environmental protection system, we should do a reality check on the UC Berke...


Alternative Dispute Resolution


Had Vince Lombardi coached mediators and not football players, his famous proverb might sound something like this: “Great comm...


Insurance, Civil Litigation, California Supreme Court


On March 10, the California Supreme Court announced that it has declined to weigh in — for now — on the biggest brewing insura...