Tax, Law Practice
Tax on law firm loans? The strange case of David Novoselsky
By Robert W. Wood
When you receive a loan, is the money taxable? Of course not, because you must pay back the money. Can lawyers borrow, too, ju...
Labor/Employment, Civil Litigation
Prop 22 ruling adds uncertainty to sizeable industry
By Jason D. Russell, Karen L. Corman
In a surprise decision with potentially far-reaching consequences for ride sharing companies and other companies that utilize ...
California Supreme Court
To stay or not to stay? Determining whether an injunction is stayed pending appeal
By Johanna Schiavoni
When litigating an appeal from an injunction, here are some key questions to consider at the outset: Is the order imposing the...
Constitutional Law
California law protects speech on Facebook and other platforms
By Richard A. Schulman
Facebook and other tech giants believe they can choose which speech to allow and which to ban because they are private compani...
I truly appreciate and definitely benefited from the Women’s Liberation Movement. Nonetheless, despite my very strong belief i...
On July 8, I found myself returning for my first in-person court appearance.
Legal Education
Law students return amid good news and challenges
By Robert A. Schapiro
As law students return to class this fall, they arrive amid several positive signs for legal education. Most obviously, stude...
Gascón’s juvenile justice policy ignored individualized facts, like the sophistication or heinousness of the crime.
Law Practice
A pilot program in SF can help pave way to more diverse juries
By Mano Raju
"Be the Jury" pilot program can help diversify juries.
Litigation & Arbitration
Arbitration Insights: Landing the game-changing witness
By Fred Bennett
Sometimes the legal gods smile on you. Your earth-scouring investigation of the facts surrounding an arbitration dispute yield...
Law Practice
Both parties must introduce the necessary evidence to resolve disputed issues
By Franklin R. Garfield
It is dangerous to hide the ball from the opposing party; and doubly dangerous to hide the ball from the court.
Intellectual Property
Submarine patents and the scope of the doctrine of 'Prosecution Laches'
By Daniel N. Yannuzzi, Patrick McGill
Echoes of the Great GATT Bubble of 1995: What is the Scope of the Doctrine of “Prosecution Laches?
Constitutional Law
Lawsuits could be a reckoning for the gun industry
By Arash Homampour
As a result of recent legal developments, the gun industry, which has weathered lawsuits and legislative efforts to clip its w...
9th U.S. Circuit Court of Appeals
9th Circuit also weighs in on personal jurisdiction at class certification stage
By Diane P. Flannery, R. Trent Taylor
9th Circuit ruling gives defendants breathing room to challenge personal jurisdiction over putative class members at class cer...
The $1.2 trillion infrastructure bill includes $65 billion to improve broadband infrastructure, middle mile infrastructure and...
We are now facing a veritable smorgasbord of lawsuits challenging eviction moratoria
Labor/Employment
Prop 22 is in limbo as workers’ compensation provision deems bill unconstitutional
By Eric B. Kingsley, Kelsey M. Szamet
On Friday, Alameda Superior Court Judge Frank Roesch declared Prop 22 unconstitutional on two separate grounds and ruled that ...
Health Care & Hospital Law
Natarajan v. Dignity Health: Welcome Support for California's Physicians and Their Hospital Patients
By Lowell C. Brown, Diane B. Roldán
One silver lining has emerged from this pandemic: Never, perhaps, has it been so clear how much we owe the physicians in our c...
Family
Conservatorship training riddled with errors and omissions
By Thomas F. Coleman
Training programs, like a mandatory training on limited conservatorships conducted last week by the Los Angeles County Bar Ass...
In family law, when one parent wishes to relocate with the minor child to a geographically different location, it is commonly ...
U.S. Supreme Court, Education Law, Constitutional Law
School speech: Does ‘on campus’ matter in the Digital Age?
By Ronald J. Scholar
A recent Supreme Court decision raises an important question: What does it mean to bring something onto a school campus, or an...
Law Practice, Ethics/Professional Responsibility
The ethics of wellness: How the rules require personal health
By Wendy L. Patrick
The practice of law is exhilarating and exhausting. It is both a marathon and a sprint. But one thing is clear: Effective lawy...
California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
Appellate cases to watch this fall
By M.C. Sungaila, Lauren Jacobs
In this article, we highlight pending 9th U.S. Circuit Court of Appeals and California Supreme Court civil cases that should b...
Insurance, Civil Litigation
Ruling breaks new ground for CGL policy data breach coverage hackings
By Peter S. Selvin
A recent case from the 5th U.S. Circuit Court of Appeals breaks new ground on the question of whether a commercial general lia...
Civil Litigation, California Courts of Appeal
Ruling clarifies precedent on expert reliance on hearsay
By Timothy D. Reuben, Stephanie I. Blum
What exactly can an expert rely on for his or her opinion to be admissible? This debate has been raging since the California S...
Law Practice, Labor/Employment
Will women attorneys join the ‘Great Resignation’?
By Sonya D. Goodwin
The large firms and small boutiques who sent their workers home in the early days of the pandemic are watching with wary eyes ...
Labor/Employment, 9th U.S. Circuit Court of Appeals
The ‘don’ts’ of drafting employment arbitration agreements
By Arthur F. Silbergeld, Kacey R. Riccomini
A recent 9th Circuit ruling provides guidance on how to draft agreements that are neither procedurally nor substantively uncon...
The Court of Star Chamber: lessons for judges and counsel
By William M. Crosby
Trial judges and counsel in final argument are well advised, after thanking the jurors for their service, to remind them of th...
Law Practice, Entertainment & Sports
Lawyers and popular culture: A conversation with Michael Asimow
By William Domnarski
The longtime professor at the UCLA and Stanford Law Schools, and now at Santa Clara, does professionally what most of us do fo...
Government
Jan 6 investigation shouldn’t be shaped by claims of executive privilege
By John H. Minan
Former Acting Attorney General Jeff Rosen has testified before members of the Senate Judiciary Committee on former Donald Trum...