Labor/Employment, Government
What Joe Biden’s vow to be the most pro-union president means
By Lori Armstrong Halber, Kirsten B. White
Unions have a champion in President Joe Biden, and all employers — whether currently unionized or not — need to be prepared. T...
Technology, Law Practice
Bad artificial intelligence will be a lawyering goldmine
By Lance Eliot
There is a lot of discussion about AI for Good, along with qualms about AI for Bad. The Bad AI is likely to become the subject...
Law Practice, California Supreme Court
John Fremont and Mexican land grands in California
By Donald E. Warner
The Treaty of Guadalupe Hidalgo ending the Mexican-American War was entered into by Mexico and the United States on Feb. 2, 19...
Government, Criminal
Ending law enforcement immunity is within California’s reach. Pass Senate Bill 2
By Carl Douglas
The three guilty verdicts handed down in Derek Chauvin’s case last month were a uniquely American rarity; a glimmer of justice...
Government
Infrastructure: Where we’re going and how we plan to get there
By Elizabeth Dubeck, Denise Raytis
On March 31, the Biden administration released its American Jobs Plan, an ambitious conceptual proposal around which implement...
Labor/Employment, 9th U.S. Circuit Court of Appeals
Ruling sets up worker classification test for high court review
By Joshua Lipshutz, Thomas F. Cochrane
Truckers have been described as America’s last cowboys. For more than 70 years, independent owner-operators have moved the nat...
Labor/Employment, 9th U.S. Circuit Court of Appeals
Truck drivers in California will finally have their day in court
By Ronald L. Zambrano
On April 28, the wheels came off the California trucking industry’s big rig. An appellate panel of the 9th U.S. Circuit Court ...
Civil Rights
Civil rights agencies in California are MIA for conservatees
By Thomas F. Coleman
Three California civil rights enforcement agencies are effectively missing in action when it comes to protecting people with d...
Construction
Ruling examines enforceability of ‘pay-when-paid’ provisions
By Garret D. Murai
Most construction attorneys know that “pay-when-paid” contractual provisions are enforceable but that “pay-if-paid” contractua...
U.S. Supreme Court, Constitutional Law
The chicken or the egg: temporal primacy and California law
By Brian M. Hoffstadt
In Caniglia v. Strom, 20-157, the U.S. Supreme Court granted certiorari to decide whether there is a “community caretaker” exc...
Criminal, Constitutional Law
Take qualified immunity out of the equation
By Sanford Jay Rosen
It is time to take “qualified immunity” out of the police and government accountability equation. It is a judicial construct t...
Civil Litigation
Are politicians’ sex lives a ‘matter of public concern’?
By Krista L. Baughman
In a 2020 revenge porn lawsuit by former congresswoman Katie Hill, Hill alleged that her privacy was violated when her ex-husb...
Criminal
Court upholds Terry stop and frisk, prompting strong dissent
By Dmitry Gorin, Alan Eisner
Flores is a disappointing result for the defense bar, who might have reasonably concluded that a suspect who simply ducks and ...
Intellectual Property
Consideration of non-traditional trademarks in branding strategy
By Dariush Adli
Many are surprised to learn that a scent can be a trademark.
Torts/Personal Injury, Civil Litigation
Athletic orgs have a duty to protect against child sex abuse
By Jesse Creed
When the California Supreme Court took up Brown v. USA Taekwondo, these organizations hoped for a judicial victory limiting th...
Strategies for addressing discrimination in civil disputes
By Jan Frankel Schau
The subtleties of both implicit and explicit biases are not limited to our streets and neighborhoods, boardrooms or courthouse...
Law Practice, Judges and Judiciary, California Courts of Appeal
Revelations II
By Arthur Gilbert
The intriguing title of my February column “Revelations” was an intimate look (not exposé) on how appellate opinions are “proc...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 21: “I Won My Appeal! Now What?
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Law Practice, Appellate Practice
The glorious history of the Committee on Appellate Courts
By Benjamin G. Shatz
Once upon a time, the State Bar of California not only licensed, regulated and disciplined lawyers, but also formed committees...
Alternative Dispute Resolution
Tips to master mediation advocacy, part 4
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill
We previously discussed mindset, preparation, joint sessions and mediation statements. In this piece, we will discuss the rela...
State Bar & Bar Associations, Legal Education, Law Practice, Ethics/Professional Responsibility
Does consumer debt correlate to moral character?
By Jessica Williams
Most state bars incorrectly think so.
Entertainment & Sports
Music attorneys must take a proactive role in non-fungible tokens
By Steve Gagliano
In the first quarter of 2021, artists like 3LAU, Kings of Leon, and Grimes sold non-fungible tokens and earned seven and eight...
U.S. Supreme Court, Constitutional Law
Supreme Court has the opportunity to bolster free speech
By Jeremy B. Talcott, Jim Manley
On Monday, the U.S. Supreme Court heard argument in a case asking whether you have the right to privacy when you make charitab...
Law Practice, Judges and Judiciary, California Courts of Appeal
Law Day 2021: A celebration of the law and lawyers
By Manuel A. Ramirez
As presiding justice of the 4th District Court of Appeal, Division 2, in Riverside, I come into contact with the men and women...
Law Practice, Bankruptcy
Open Courts Act of 2020: the impact on bankruptcy and beyond
By Jeph Ledda, Elissa D. Miller
In an effort to create open and free access to electronic federal court records, the Open Courts Act of 2020 was introduced an...
Tax, 9th U.S. Circuit Court of Appeals
Settle or fight? The challenges of Section 280E and cannabis
By Jennifer Benda
State-licensed marijuana businesses have high IRS audit rates and face big challenges to minimize their federal tax burden. On...
Employer’s bid for arbitration denied based on unauthenticated e-signature
By Patrick J. Wingfield, Abraham M. Andrade
A recent appellate decision provides us with important guidance on how courts will weigh evidence and determine the credibilit...
Labor/Employment
Employers obligated to re-hire employees in certain sectors
By Christine H. Long
The governor has stated that California will reopen almost all sectors by June 15. This has employers working overtime to figu...
Military Law, Immigration
Thanks for your service... now get out of my country
By Eileen C. Moore
At a symposium on deported veterans one of “the foremost authority on military veterans facing deportation” said that recruite...
Probate, Alternative Dispute Resolution
Ruling says courts can order trust and probate cases to mediation
By Glen M. Reiser, Mark Lester
California Probate Code Section 17206 provides broad discretion to the probate court to “make any orders and take any other ac...