A primer on Penal Code Section 1001.36, enacted in 2018, which permits a court to order pretrial diversion for clients with ce...
Labor/Employment, Civil Litigation
Tesla verdict provides simple lesson the hard way
By Leonid M. Zilberman
The recent $137 million jury verdict against Tesla in a racial discrimination case brought by Owen Diaz, a former African-Amer...
Antitrust & Trade Reg.
Antitrust verdict provides lessons for cannabis businesses
By Leo Caseria, Thomas Tyson
A California jury last month handed down what has been reported to be the first antitrust jury verdict involving the cannabis ...
Government
Senate report could be bad news for Trump, former White House staff
By John H. Minan
Last week, the Senate Judiciary Committee issued an interim staff report on the use of the DOJ by Donald Trump and his allies.
Labor/Employment, Constitutional Law, Civil Litigation
In invalidating Prop 22, court overlooked basic constitutional law
By Steven G. Churchwell
In August, a trial court in Alameda County invalidated Proposition 22 — a statutory voter initiative that classified many app-...
Immigration, 9th U.S. Circuit Court of Appeals
Courts confront racist immigration law
By Ahilan Arulanantham
A pair of 9th Circuit cases will examine what the Constitution requires Congress to do when confronted with the present-day ef...
Technology, Law Practice
Gluing together a benchmark for AI natural language legal understanding
By Lance Eliot
There are a veritable plethora of computer-based natural language processing systems these days, such as the widely popular Al...
U.S. Supreme Court
There is no such thing as value-neutral judging
By Erwin Chemerinsky
Over a century ago, the Legal Realists exploded the myth that judges can mechanically apply the law without making value choic...
State Bar & Bar Associations, Law Practice
Paraprofessional program: problems and proposals
By Peter M. Walzer
The American Academy of Matrimonial Lawyers adopted a resolution last November opposing the nonlawyer ownership of law firms a...
Securities, Corporate
Why are venture firms focusing on seed stage funding?
By John Eden
Andreessen Horowitz recently announced its new $400 million seed fund to serve startup founders at the earliest stages of comp...
This article discusses the “nuts and bolts” for merging two California nonprofit public benefit corporations. Typical reasons ...
Health Care & Hospital Law, Administrative/Regulatory
The US FDA must lead by example on lead exposure
By Vineet Dubey
Last week, the Congressional Subcommittee on Economic and Consumer Policy issued a scathing report.
How legal settlements are taxed often surprises people, including many plaintiffs. Most things are taxed, but there is often f...
I had worked hard, I was ready to go, fully prepped, and engaged trial mode for the first time in my career. And then lost.
Law Practice, Ethics/Professional Responsibility
Limiting liability for legal malpractice
By Shari L. Klevens, Alanna G. Clair
As wide-ranging as the practice of law is, so too is the range of potential legal malpractice claims. But, at their core, many...
Insurance, Construction, Civil Litigation
Construction defect damages may exceed cost to repair
By Peter S. Selvin
Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or compone...
Civil Rights, Civil Litigation
Ruling makes ADA visual web-access claims a bit clearer
By Katherine S. Catlos
An Americans with Disabilities Act web-access case went to trial and the result rested on a creative and legally accurate jury...
State Bar & Bar Associations, Letters, Law Practice
Column on paraprofessional program contains factual inaccuracies
By Leah Wilson
Bradley Wallace’s Oct. 5 opinion piece, “Could law firms run by VC’s and big corps become reality?” contains inaccuracies that...
Criminal
‘Re’sentencing is retraumatizing victims and endangering public safety
By Kathleen Cady
Los Angeles District Attorney George Gascón’s focus is not on prosecuting crimes, but on resentencing defendants who were conv...
Technology, Law Practice
Legal engineers spurring the use of high-tech and AI in the law
By Lance Eliot
There is an ongoing hiring spree to snag up legal engineers. This is a relatively new role in the legal profession. The idea i...
International Law, Intellectual Property, Civil Litigation
Un-conventional?: Email service on foreign trade secret defendants
By John R. Lanham, Ken Kuwayti
Enforcing trade secret laws against international misappropriators is becoming more and more important, as trade secrets incre...
Technology, Intellectual Property
The rise of trade secrets as primary protection for technological innovation
By Adam Alper, Mike De Vries
Trade secret claims, often an afterthought for some IP litigators and their clients, have come to the forefront of IP litigati...
Intellectual Property, Entertainment & Sports
Bolsinger struck out once against the Astros in California: Will he again in Texas?
By Conor Tucker
The Houston Astros’ sign-stealing scandal is well-documented, and its impact on Major League Baseball is just beginning to be ...
Intellectual Property, Civil Litigation
Timing is everything: Pre-discovery identification of trade secrets in California state and federal district courts
By Jennifer Seraphine
Timing can be crucial when it comes to discovery in trade secrets cases. At one end of the spectrum, discovery might be permit...
Letters, Legal Education
Let’s rethink who is responsible for student debt
By Daniel L. Casas
In his Sept. 23 column, American Bar Association President Reginald Turner urges Congress to act to relieve the current studen...
Criminal, Constitutional Law, Civil Rights
Jails are full, courtrooms are empty in San Francisco
By Mano Raju
You’ve been arrested and charged with a crime. You’ve been denied pretrial release, and you don’t have the money for bail. So ...
Government, Civil Litigation, 9th U.S. Circuit Court of Appeals
A disappointing opinion
By Timothy D. Reuben
Last month, the 9th U.S. Circuit Court of Appeals reversed Central District Judge David O. Carter’s sweeping mandatory injunct...
Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals
Rulings affirm no coverage for COVID-related business interruption claims
By Paul S. White, Siobhán A. Breen
Three recent 9th Circuit rulings held that business income and extra expense losses incurred following business closures order...
State Bar & Bar Associations, Law Practice
Could law firms run by VC’s and big corps become reality?
By Bradley Wallace
In recent years, the decades-long rule barring nonlawyers from having an ownership stake in law firms has been reversed in Ari...
Criminal, Civil Rights
Racism baked into California’s drug prohibition laws
By Sarah Brady Siff
There are many ways to answer the question of whether the drug wars are racist, and all of them are “yes.” In California, spec...