GUEST COLUMNS
Tuesday, June 6, 2023
Insurance company wrongfully conflates duty to defend with insured's potential liability in third party action. On appeal, the Court rejected Stillwater's argument that Dua's acknowledgement that she did not own or have custody or control over Taylor's dogs meant that the Peroffs could not establish liability as to Dua and therefore Stillwater did not have a duty to defend her.
If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the grounds for which monetary sanctions for misuse of the discovery process may be sought.
Monday, June 5, 2023
Lower Division States' agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in the face of climate uncertainties and tribal interests.
Thursday, June 1, 2023
The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore common interests in a confidential setting, which are key factors to conflict resolution.
Some Observations on Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.
Wednesday, May 31, 2023
Most of the damages caused by earth movement are not covered by insurance. Mitigation funding through geologic hazard abatement districts can help.
A wag once noted that "a navigable river is any river with enough water in it to float a Supreme Court opinion." See United States v. Kaiser Aetna, 408 F. Supp. 42, 49 (D. Hawaii 1976). The fact that people joke about it is a clue to its uncertainty. But it is no joke.
Tuesday, May 30, 2023
Being well makes it much easier to be competent. California is ahead of the curve on this one, as the American Bar Association is looking at revising its competence rule to encourage lawyers to be mindful of physical, mental, and emotional bandwidth/impediments when providing or agreeing to provide legal services.
Several prognosticators have predicted a seismic shift in the legal profession within two years' time, with both legal fees and law jobs reducing by as much as 40%.
Friday, May 26, 2023
If the stock qualifies as qualified small business stock (QSBS), you might pay zero federal tax.
Thursday, May 25, 2023
It is no longer a secret that California has always been among the most stringent in reviewing land use permits and the most forgiving of governmental overreaching.
All courts agree that de minimis use defense applies in analyzing whether enough of a copyright protected work has been copied to determine infringement. But to what extent?
Wednesday, May 24, 2023
Since January 2017, 45 states have considered 267 bills that restrict the right to protest.
The decision, which affirms the 2nd Circuit's findings in the landmark copyright case, rebalances the fair use doctrine to place greater emphasis on whether a purportedly "transformative" work is commercially competitive with the original work it copies.
Tuesday, May 23, 2023
With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the California Association of Realtors (CAR) and AIR/CRE – considerable care is required by both sides of a real estate dispute to pursue rights under the lis pendens law in California.
Monday, May 22, 2023
This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate justices, there is a reasonable chance the matter will be appealed to the state Supreme Court or that the legislature will take the opportunity to redraft the law to clarify the meaning of "judgment."
Friday, May 19, 2023
Technology use in our daily lives is expanding the definition of who is 'present' at the scene of an accident.
Thursday, May 18, 2023
Attorneys need to realize that their clients (like most people) do not want to appear to be stupid. Clients will tend to over reach when answering a question, even though they don't know the answer.
The exaggerated fears of the end of Title 42 are now behind us. The hard work ahead is improving our under-resourced migration system.
Wednesday, May 17, 2023
The bill arms consumers with important rights and protections, but most consumers won't know how to enforce those rights. Additionally, the bill's broad application may prevent some victims from obtaining justice.
Tuesday, May 16, 2023
Although AI has proven over the years to be a helpful way to enhance the speed and accuracy of tasks – such as legal research – it cannot replace judgment, morality, or chemistry with clients, court, counsel or colleagues.
If an attorney visits a client's website, then uses an AI model to research the facts of their case, it is possible that a data broker (or the AI platform itself), can determine which issues a particular client faces. One could make a colorable argument, then, that the attorney's seemingly harmless search disclosed sensitive information without the client's consent.
Monday, May 15, 2023
Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance carrier, which has a seemingly endless supply of funds available to it.
It is important to recognize the broad reach of the courts' decisions in this case, the potential impacts of which are not limited to just the one drug at issue in the case. In fact, the district court's reimagining of the Congressionally enacted and FDA-administered drug approval system has the potential to ripple across the drug development landscape.
Friday, May 12, 2023
Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger coverage for COVID-19 claims will want to watch closely for the Court's decisions
Thursday, May 11, 2023
The legislative process is exciting. As lawyers, it is important to be involved in the legislative process because we know how the laws affect the people and organizations that are the subject of the laws.
While it is arguably much easier for defense attorneys to determine their clients' applicable policy limits, it is nearly impossible for the plaintiff and his or her attorney to ascertain limits without filing a lawsuit and conducting discovery. This makes no sense from the plaintiff's perspective.
Wednesday, May 10, 2023
The Court analogized the allegations of harassment, which included throwing rocks at visitors, running over people with surfboards, stealing peoples' belongings, and vandalizing cars, to "an informal band of self-appointed, violent security guards" who restrict beach access.
Arbitration can be a valuable alternative dispute resolution method for CCPA's private right of action. It is faster, less expensive, and more flexible than going to court.
Tuesday, May 9, 2023
Class settlements often involve unique deal terms that can implicate counsel's ethical obligations. Two areas that have been the subject of increasing scrutiny relate to class representative service awards and cy pres designations.
If the case moves in Disney's favor, it could set a precedent that leads to greater corporation freedom. While this could potentially allow private entities to bring forth other future lawsuits against government regulations that can be proven to prohibit a company's growth, it will also provide a balance between the branches of state government.
Monday, May 8, 2023
Code of Civil Procedure Section 203(a)(6) states: All persons are eligible and qualified to be prospective trial jurors except the following: Persons who are not possessed of sufficient knowledge of the English language. More and more frequently, judges are ignoring the importance of this requirement.