Securities, Administrative/Regulatory
Are cryptocurrencies the kryptonite of the SEC?
By Benny Osorio
Technology, Law Practice
Our justice system is finally warming up to tech
By Paul R. Kiesel, Stephanie M. Taft
The day has finally arrived where remote technology may find a permanent place in our judicial system. Last week, as part of a...
Torts/Personal Injury, Law Practice
If a tree falls in the woods, is there sovereign immunity?
By Crawford Appleby
Gary is riding his bike along a road next to the woods when a tree branch suddenly falls and injures him. It turns out that th...
Here’s why.
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
ABC Test is alive and well in the 9th Circuit
By Ronald L. Zambrano
This week, a three-judge panel of the 9th Circuit ruled in favor of a Grubhub driver who had originally sued the company in 20...
Health Care & Hospital Law, Family, Constitutional Law
Vaccines and parental choice
By Scott J. Nord
The national debate over vaccines for adults and minors is not a novel debate for the law. Court decisions on regulations rega...
Labor/Employment, 9th U.S. Circuit Court of Appeals
Mandatory arbitration, unlikely to go away, should be made fairer
By Gerald L. Sauer
The 9th Circuit ruled last week that Assembly Bill 51, California’s prohibition against mandatory arbitration clauses in emplo...
Family
Another cautionary tale for attorneys contemplating premarital agreements
By Jeffrey P. Blum
A recent appellate opinion should give family law attorneys pause when considering whether to prepare premarital agreements. I...
Assembly Bill 701, passed by the Legislature and signed by Gov. Gavin Newsom on Wednesday, affects warehousing distribution an...
Civil Litigation, Bankruptcy
Purdue portends a change of bankruptcy venue laws
By Brian Davidoff
After agreeing to settle some 2,600 separate lawsuits over the company’s involvement in fostering the nation’s opioid crisis, ...
Construction, Civil Litigation, California Supreme Court
Ruling says no to new broad exception to Privette doctrine
By Aaron L. Osten
The California Supreme Court recently rejected what it characterized as a “broad third exception” to the long-standing Privett...
Banking, Administrative/Regulatory
CFPB issues proposed rule on data collection for small business lenders
By Nancy R. Thomas, Jeremy R. Mandell
On Sept. 1, the Consumer Financial Protection Bureau issued its long-awaited small business lending data collection proposed r...
State Bar & Bar Associations, Legal Education
Congress must act to relieve student debt burden
By Reginald Turner
The burden of overwhelming debt is hurting many new graduates — including lawyers — and that affects the American economy. You...
Labor/Employment, Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit ruling expands relief under ERISA for breach of fiduciary duties.
By Robert J. McKennon
The case reinforces existing law that imposes upon ERISA plan fiduciaries, such a plan sponsors and plan administrators, poten...
Contracts
Tips for effective indemnification provisions in commercial contracts
By Asim Bhansali, Scott Taylor
Discover some effective terms for seeking and obtaining indemnification that protect both parties and reduce the likelihood of...
Technology, Law Practice, 9th U.S. Circuit Court of Appeals
Legal word-splitting and artificial intelligence
By Lance Eliot
A recent court case focused on the meaning of the word “typically” and the word “normally” as a crucial underpinning of a lega...
Technology, Law Practice
In-person trial gone remote: the jury responds
By Paul R. Kiesel
With the court’s permission, I am sharing some of the direct feedback we received so you can read what the jury’s attitude is,...
Labor/Employment
Forswear boilerplate in employment arbitration agreements
By Kevonna Ahmad
Arbitration agreements with employees are created to ensure that employment disputes are resolved outside of court. So it’s ir...
Labor/Employment, Civil Litigation, California Courts of Appeal
Rethinking the joint-employer standard
By Stephen L. Raucher
What does it take to be considered a joint employer? Does it require direct control? Is the ability to dictate wages, even if ...
Constitutional Law
Journey to the Center of the Fourth (Amendment)
By Brian M. Hoffstadt
But just as mantle and core underlie the earth’s crust, there is much more going on beneath the surface of the U.S. Supreme Co...
Letters, Law Practice
Top 100 list fails to recognize lawyers in public service
By Gary Schons
The Daily Journal’s recent Top 100 list includes only one government lawyer -- the governor’s appointments secretary, who does...
Government, Constitutional Law, Civil Rights
Texas bill may well channel constitutional review into a new context
By Kris Whitten
The U. S. Supreme Court’s refusal to stay implementation of Texas’ fetal heartbeat abortion law has generated a lot of comment...
Labor/Employment
Perpetual policy oscillation at the NLRB: There must be a better way
By Steven J. Porzio
The newly constituted National Labor Relations Board, which is now at full capacity with two new Biden appointees, along with ...
Probate
Bill still gives fiduciaries unfettered power to exploit probate litigants
By Sherry Lund
We assume that we have “equal protection under the law” but this is not true. We assume that the California Legislature will p...
Law Practice, Alternative Dispute Resolution
Is focusing on perceived and actual biases misplaced?
By Mark B. Baer
When people think of bias, they tend to associate it with unfairness and injustice. While unchecked biases can and do often ha...
Real Estate/Development, Government
Now that CDC’s federal eviction protection is no more: What’s next?
By Geoffrey Stover, Andrew Huang
On Aug 3, the Centers for Disease Control and Prevention issued a nationwide residential eviction moratorium continuing the ba...
Although subject to a number of rules and qualifications, judicial notice is often the easiest way for a trial or appellate co...
California Supreme Court, California Courts of Appeal, Appellate Practice
‘PETITION DENIED’
By Myron Moskovitz
The first time I saw that response to a petition for writ of mandate I’d filed in an appellate court, I did not take it well. ...
Civil Litigation, Appellate Practice
Is that injunction prohibitory or mandatory?
By Charles M. Kagay
An injunction can be prohibitory or mandatory, and the distinction matters. But creative lawyers may attempt to obfuscate an i...
Family, California Courts of Appeal
Support can be determined objectively in marital dissolutions
By Franklin R. Garfield
Determining the amount of support in a marital dissolution action is relatively simple and straightforward when the parties ha...