Best CALP Podcasts (2025)

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So long, nationwide injunctions & 9th Cir. SLAPPs 55:57

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19h ago55:57

55:57

No more nationwide injunctions, SCOTUS says Justice Barrett writing for the 6-3 majority in Trump v. CASA. District courts must limit their injunctions to the “case or controversy” before it. Justices Sotomayor and Jackson each wrote dissents urging that more judicial power was needed to check the executive. In response, Justice Barrett says that e…

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In re: LA Riots—Newsom v. Trump 39:02

16d ago39:02

39:02

Governor Newsom sued to enjoin President Trump’s deployment of the National Guard to quell the ongoing LA riots without Newsom’s consent. But first, we disclose our biases—about Trump, opportunistic political labeling of “rebellions” or “insurrections,” and how easily the thin veneer of civilization is pierced by masked cowards throwing rocks. Also…

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Trump tariffs enjoined by…which court? And SCOCA takes up appealability of dismissals 30:00

23d ago30:00

30:00

The Court of International Trade—whatever that is—enjoined Trump’s tariffs. But the Court of Appeal for the Federal Circuit imposed an administrative stay pending further briefing. We also cover: Defending a Zoom depo? If you refuse to go on camera and are accused of improper witness communication, you may be sanctioned. (Remote depos are a game-ch…

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This is a District Court, not a Denny’s 21:46

1M ago21:46

21:46

The Supreme Court faulted the district judge in A.A.R.P. v. Trump for refusing to grant the Venezuelan alleged Tren de Aragua members’ injunction. But on remand, Judge Ho comes to the judge’s defense: after all, the judge only had 42 minutes’ notice. And to conclude that the judge had had some 14 hours, Judge Ho noted, the Supreme Court must have s…

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Oral arguments on nationwide injunctions 28:19

1M ago28:19

28:19

SCOTUS spent two and a half hours hearing oral argument on Friday in the birthright-citizenship cases consolidated in Trump v. CASA—not about birthright citizenship, but about whether district courts should be issuing nationwide injunctions. Many justices, and commentators on both sides, have criticized nationwide injunctions as a judicial incursio…

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The BigLaw EOs & Right to a Hearing 37:34

2M ago37:34

37:34

Trump’s executive order targeting Perkins Coie gets bench-slapped. Jeff recites the decision’s paean to the plight of lawyers. Tim wonders if Big Law was really hanging by such a slender thread. But on the law, neither is surprised by the result in Perkins Coie v. DOJ. Also this week: A motion to seal to protect privacy goes full Streisand Effect i…

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Kidnapping, Pronouns & Dragons 28:24

2M ago28:24

28:24

A civil litigant, hit with $200,000 sanctions for plotting the kidnapping and murder of the defendant, gets the sanctions reversed. Next week the California Supreme Court will hear oral argument on whether the state can mandate long-term care facility employees to use residents’ preferred pronouns. If this is consistent with the First Amendment, co…

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Wait, challenging a vaccine mandate is a SLAPP?? 34:21

2M ago34:21

34:21

Apple said no jab, no job. The actor sued. The Court of Appeal holds the jab policy is expressive conduct, and thus the suit was a SLAPP. Apple Studios dropped an actor from its Manhunt miniseries over a COVID vaccine mandate. The actor sued. Apple filed an anti-SLAPP motion—and won. Jeff and Tim break down Sexton v. Apple Studios and ask: Is a vac…

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Does “Of Counsel” have Rule 11 duties? 29:33

3M ago29:33

29:33

Alan Dershowitz signed a complaint containing frivolous allegations in Kerri Lake v. Gates. But he’s only “of counsel” who reviewed one paragraph, containing nothing frivolous. So the panel reversed the Rule 11 sanctions—but warns that, going forward, “of counsel” is not a valid defense. Judge Bumatay writes separately to say it should be. Jeff agr…

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CALP-March Cases & Tidbits: Judge Van Dyke’s video dissent 27:12

3M ago27:12

27:12

Judge VanDyke made a YouTube video to accompany his dissent in Duncan v. Bonta, the Second Amendment case in which a Ninth Circuit en banc panel upheld California’s ban on handgun magazines over 10 bullets. Judge VanDyke’s video shows him disassembling a gun, comparing accessories, and using a portion of oral argument to claim his point wasn’t bein…

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Did Trump Violate the Deportation Order? 34:55

3M ago34:55

34:55

A federal judge ordered the Trump administration not to deport five plaintiffs, alleged MS-13 and Tren de Aragua Venezuelan gang members. The administration complied, but then the judge verbally ordered the administration to turn around a plane and return 261 non-party alleged gang members. The administration didn’t do so, and appealed. Meanwhile, …

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Audio clips at trial & oral argument tips 19:45

4M ago19:45

19:45

Even if you technically can’t use an electronic recording to create the appellate record, trial courts do provide them for us in your closing argument PowerPoint. Jeff shares his experience. And after spending most of a morning watching oral arguments waiting for his case, Jeff offers these tips: It took 20 minutes of argument time just for the pan…

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Beware using the Judicial Council form dismissal 11:22

4M ago11:22

11:22

Here’s a trap door to avoid: if you are trying to expedite an appeal by dismissing remaining claims, do not use the Judicial Council dismissal form. Instead, you need a judge-signed dismissal. While Jeff is still in trial, Tim covers Maniago v. Desert Cardiology Consultants' Medical Group, Inc. (Jan. 30, 2025, No. D085025) 2025 WL 617972. The plain…

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Is the electronic-recording ban unconstitutional? 23:15

4M ago23:15

23:15

All eyes are on the electronic-recording original proceeding in the Supreme Court, Family Violence Appellate Panel v. Superior Court, and the Court’s recent order to show cause why, when a court reporter can’t be found, California’s trial courts should not be ordered to hit the “record” button. This could this be the most significant advancement in…

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ChatGPT Fails, Sanctions & Disbarments, Feb. 2025 35:54

4M ago35:54

35:54

Please AI responsibly: Attorneys at a major law firm are making use of ChatGPT. That's not a bad thing normally, but filling in legal cites is not what it's for. The unchecked ChatGPT cases were fake at a rate of 8 out of 9 total cases in a single brief. On this recent legal news episode Jeff and Tim cover: How to AI responsibly (and not get sancti…

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Is California’s 30-day pay-or-waive arbitration rule preempted by the FAA? The split widens 15:08

5M ago15:08

15:08

Your check for arbitration fees gets delayed in the mail. Under a particularly harsh pay-or-waive provision of the California Arbitration Act, if your fee is received on day 31, too bad—your arbitration rights go Poof! Or do they? There’s currently a big split among the appellate courts on this. Tim goes solo while Jeff is still in trial, covering …

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The court recorded my trial, so why can’t I use it on appeal? 29:54

5M ago29:54

29:54

The San Bernardino Superior Court electronically records trial. Can Jeff use the recording as the appellate record? Short answer: no. But there’s an original writ pending in the Supreme Court on a similar issue, so watch this space. We also cover: Jury Fee Hike, Paid by State Fund—but for how long? Shehi v. Chicago Title Insurance Co.—attorney disq…

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$340k Incivility Tax & Other Cases 11:34

5M ago11:34

11:34

Jeff is in trial, so take in a few quick summaries of recent cases and get back to billing: Incivility cost attorney $340,000 in fee reduction. Clip-n-save the recent controlling case on this point, Karton v. Ari Design & Construction, Inc.: "Excellent lawyers deserve higher fees, and excellent lawyers are civil.” Don’t let the trial court deny rel…

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Movie-Trailer Case Reviews 25:22

5M ago25:22

25:22

There was a bit in an old radio show (Kevin-and-Bean KROQ old, not Little Orphan Annie old) had Ralph Garman review movies he’d never seen, based only on watching the trailers. In this episode, we review some cases we haven’t read. We discuss the cases below, which lead to some good tangents. When discovery objections have been waived, does serving…

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TikTok at the Supreme Court & Oral Argument Stories 26:23

5M ago26:23

26:23

This is why your teenagers are anxious: TikTok’s fate hangs in the balance at the Supreme Court. We discuss the recent oral arguments, and Donald Trump’s amicus brief asking the Court to sit tight and he’ll make a fantastic deal that will be fantastic and make the Court very happy and everyone will be very happy. (That is the best Trump impression …

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Roundup of 2024 and What’s Coming in 2025 25:42

6M ago25:42

25:42

Here is our 2024 roundup, and in exchange we have a request for suggestions for 2025 content. If you are an attorney, what content do you prefer? Check out the poll. Now here’s the roundup of updates for 2025: 📅 MSJ Deadlines Are Updated: Remember 81-20-11. With the MSJ hearing as the target, motions must be filed beforehand 81 days, oppositions 20…

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End the Bar Exam? with Jackie Gardina 46:49

6M ago46:49

46:49

Jackie Gardina shares dispatches from the Blue Ribbon Commission on reforming the Bar Exam, covering recent reforms, the ongoing debate about the exam’s effectiveness, and the rise of alternative pathways to legal licensure. Some takeaways: 💯 Yes, the passing score was dropped—but don’t worry, the old one was picked out of a hat (basically). 🗯️“End…

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How the Cal. Appellate Project Promotes Appellate Experience and Access to Justice 39:51

7M ago39:51

39:51

There is a 700-appellate case backlog in Los Angeles and only around 450 attorneys on the California Appellate Project—Los Angeles panel. CAP-LA attorneys Jennifer Hansen and Jennifer Peabody share how the rest of us can pitch in to assuage this gap in the administration of justice. Why work as a panel attorney? Get appellate experience. Work with …

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CALP w/ Chris Dralla, Creator of Typelaw, Revolutionizing Legal Writing 40:01

7M ago40:01

40:01

Attorneys still wrestling with Microsoft Word to finish a brief need to be acquainted with Chris Dralla’s product Typelaw, the groundbreaking tool that lets attorneys turn plain text into fully formatted, cited, hyperlinked, local rule-compliant briefs. If your practice depends on producing high-quality briefs, here is why you need Typelaw in your …

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3.6: Scaling-up the use of CVA 28:04

7M ago28:04

28:04

This episode explores the journey of an organization that has embraced cash assistance as a core approach from its inception. It discusses the benefits and challenges associated with starting with a cash-centric mindset and examines the role of evidence, partnerships, and addressing fraud in scaling up CVA programmes. This episode features insights…

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Reaction to Judge Jones and Prof. Vladeck's Exchange on Judge Shopping 16:34

7M ago16:34

16:34

In this episode, Tim and Jeff dive into the recent heated exchange between Fifth Circuit Judge Edith Jones and Georgetown Professor Stephen Vladeck at the Federalist Society’s Lawyers National Lawyers Conference. The debate centered on the tension between judicial independence and the criticism of judge shopping in high-profile cases. Tim and Jeff …

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3.5: Risk: it’s inevitable – so what do we do about it? 19:56

7M ago19:56

19:56

This episode examines perceptions and realities surrounding risk in cash and voucher assistance (CVA). It addresses concerns that cash programming is riskier than other forms of aid, explores ways to manage risk effectively, and highlights the importance of local risk management strategies. This episode features insights from: · Irfan Khan: Directo…

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3.4: Money matters! Funding for CVA 16:12

8M ago16:12

16:12

In this episode we examine the relationship between funding, change, and the expansion of CVA in the humanitarian sector. Guests discuss the role of funding at different stages, from the very beginning through to scale-up. This episode features insights from: · Irfan Khan: Director of Humanitarian and International Partnerships at Muslim Hands · Dr…

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3.3: How to turn an idea into reality? 3 Ps: Policies, processes and partnerships 21:34

8M ago21:34

21:34

Turning an idea into reality first requires a clear vision and commitment. In this episode, our guests discuss the process of translating this vision into concrete actions, and ultimately, scaling up the use of cash within an organization. Three key themes emerge: policies, processes, and partnerships. This episode features insights from: · Anna Ko…

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Why the Lack of an Record Is a Constitutional Problem, with Erin Smith (Part 2) 41:20

8M ago41:20

41:20

Responding to a decades-long lack of court reporters, the Los Angeles Superior Court in September 2024 ordered that electronic recordings may be made. This arguably violates a statute prohibiting the use of electronic recordings. But Erin Smith, co-founder of the Family Violence Appellate Project, explains why the lack of meaningful access to an ap…

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3.2: How do we make change happen? 16:52

8M ago16:52

16:52

In this episode, we explore the initial steps towards making change happen. Is there a moment of sudden realisation? Does it take a bold commitment from leadership? Or is it driven by other factors? Once change is initiated, what happens next and how do you keep the momentum going? This episode features insights from: Anna Kondakhchyan: Head of Cas…

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Why the Lack of an Record Is a Constitutional Problem, with Erin Smith (Part 1) 30:52

8M ago30:52

30:52

Erin Smith’s Family Violence Appellate Project has over 50 published cases under its belt—which is even more impressive considering how difficult it is to get a good record in these cases. In this first part of our conversation, we discuss the FVAP’s work, and the kind of mistakes trial judges make in domestic violence cases. Erin Smith’s biography…

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3.1. Trailer for CashCast series three - 'Making change happen' 3:56

8M ago3:56

3:56

A new season of CashCast is on its way 🎉. Join us for a fresh episode each week over the next five weeks, as our host interviews a wide range of guests. Together, we’ll dive into how change unfolds in the humanitarian sphere, with a special focus on cash and voucher assistance. Check out this trailer for a sneak peek of what’s in store—we hope you’…

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A Glimpse into ClioCon 27:15

9M ago27:15

27:15

Couldn’t make this year’s ClioCon? Don’t know why you would if you could? Jeff is on location in Austin, Texas, and reports in on the latest legal tech trends, like: The death of the billable hour? A review of attorney tasks suggests 70% could be done with AI. This could mean more shops switch to flat fees. It could mean they increase their hourly …

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The Write Stuff, with Michelle Strowhiro 36:21

9M ago36:21

36:21

In a (non)definitive survey of writing instruments, big-law attorney turned solo employer counsel Michelle Strowhiro reveals her pick for the best pen for lawyers. Then we turn to the U.S. District Court of Texas ruling in Ryan LLC v. FTC, blocking an FTC rule that would ban non-competes. This rule would eliminate trade restraints already banned in…

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Supreme Court Reinstates $2.5M Discovery Sanction 18:09

9M ago18:09

18:09

The Supreme Court of California isn’t always interested in money disputes, but throw attorney misconduct into the mix and you get the City of LA v. Pricewaterhousecoopers reinstating a sanction for “egregious” city attorney’s office collusion totaling $2.5 million. Angling for contractual attorneys’ fees in your defense? The recent Am. Bldg. Innova…

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Electronic recordings? Not so fast. 30:35

9M ago30:35

30:35

Los Angeles Superior Court will now offer electronic recordings where a court reporter is not available. But not all courts have the equipment. And even if they do, by statute these recordings may not be used to create an appellate record. So what does it mean? Also, the Supreme Court in Meinhardt v. City of Sunnyvale has confirmed that orders gran…

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Adam Feldman on Empirical SCOTUS part 2 30:15

10M ago30:15

30:15

After discussing SCOTUS voting blocs and public perception, in part two of our discussion Adam Feldman rounds up the 2023-2024 term. We cover: SEC v. Jarkesy, holding that 7th Amendment procedural rights apply in agency proceedings, and whether Adam is surprised at the voting alignment (conservatives pro, liberals con). Loper Bright v. Raimondo, ov…

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Adam Feldman of Empirical SCOTUS, Part 1 32:19

10M ago32:19

32:19

Adam Feldman watches Supreme Court trends: voting blocs both usual and unusual, numbers of concurring and dissenting opinions, and other analytical ways of predicting outcomes. In our discussion, we cover: Recent polls disapprove of how the Supreme Court “is handling its job.” What does “handling its job” mean? Does it mean outcomes, or the decisio…

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“Disgrantles,” peaceful carjackings, for-profit prisons: July 9th Cir. cases 26:08

11M ago26:08

26:08

While the Supreme Court wrapped up its term, the Ninth Circuit had some interesting cases of its own. Carjacking is “nonviolent,” for-profit prisons are constitutional, and Covid vaccine religious exemptions are on the table. Practitioners might also look forward to focus letters and earlier panel notifications. All this and other recent cases and …

1
E-filing outage cause a late filing? & other cases 25:41

11M ago25:41

25:41

A ransomware attack hit the Los Angeles County Superior Court in July 2024, affecting e-filing services. Did you miss a filing deadline because of this? We discuss two Rules of Court that could help. We also cover: Are anti-SLAPP orders “judgments”? Court of Appeal to litigants: Your adverbs are unwelcome here. Ok to say “The order is erroneous.” B…

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What next after Rahimi? with Criminal Defense Hero Don Hammond, part 2 25:08

11M ago25:08

25:08

Previously in part one, criminal-defense attorney Don Hammond explained why, post-Bruen, states may no longer impose discretionary constraints in concealed-carry permitting regimes. But will that change after the Supreme Court’s recent 8-1 decision in Rahimi, holding that a restraining order prohibiting a particularly violent actor from possessing …

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Justice Anita Earls Part 2: The investigation into her statements on diversity 25:27

11M ago25:27

25:27

Justice Anita Earls of the North Carolina Supreme Court knows about some reforms that will improve our justice system. But she also knows about some that will provoke an unhappy response—including an investigation against her personally. In this second half of our interview, Justice Earls talks about how she found herself under investigation for ca…

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CCW Permits with Criminal Defense Hero Don Hammond, part 1 37:25

12M ago37:25

37:25

Just because you’re law-abiding doesn’t mean you won’t need a criminal-defense attorney. There are more criminal laws in federal and California state law books than you could read in a decade. (I asked ChatGPT: if you printed them all out, they would be taller than the 24-story AT&T building in San Diego.) Enter Criminal Defense Hero Don Hammond. I…

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Justice Anita Earls and the Court as an Institution: Part 1 34:17

1y ago34:17

34:17

Justice Anita Earls of the North Carolina Supreme Court knows about some reforms that will improve our justice system. But she also knows about some that will provoke an unhappy response—including an investigation against her personally. In this first part of our interview, we discuss Justice Earls’ path from a 30-year civil rights attorney to supr…

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Abortion Pills and Vaccine Mandates 27:52

1y ago27:52

27:52

We have a few big cases to cover: The Supreme Court, 9-0, guaranteed continued access to abortion pills. A 9th Circuit split panel, meanwhile, allows a challenge to a Covid-19 vaccine mandate to proceed, challenging Buck v. Bell forced sterilization-era public health precedent. And a get-out-of-arbitration-free card case get reversed on FAA grounds…

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The appellate court that overruled a supreme court: Part 2 with John Sylvester 28:06

1y ago28:06

28:06

John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. In the previous episode we discussed why it was controversial. (Short version: because the Court of Appeal, sub silentio, thumbed its nose at the Supreme Court and concluded that a missing finding required by statute gives you a an automatic get-a…

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The appellate court that overruled a supreme court: Part 1 with John Sylvester 32:24

1y ago32:24

32:24

John Sylvester was the counsel of record in the controversial Abdelqader v. Abraham published opinion. Why was it controversial? Because the Court of Appeal thumbed its nose at the Supreme Court, which had held in F.P. v. Monier that just because the trial judge forgets to make a required written finding you don’t get an automatic get-a-new-trial-f…

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Top 10 Tips to Avoid Fee Disputes, with Carl Mueller 35:12

1y ago35:12

35:12

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. In the continuation of our discussion in the last episode, Carl Mueller shares his top 10 tips to avoid them and win them. The tips include: See a “red flag”? Trust your gut, and run. Check your retainer agreements for compliance with Business …

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How to Avoid Fee Disputes, with Carl Mueller 29:41

1y ago29:41

29:41

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. Carl Mueller litigates these billing disputes and explains what attorneys should know to avoid them and to win them: All the billing disputes are basically the same, so… Spot the “red flags.” (You know what they are.) If you do get into a dispu…