Labor/Employment, Administrative/Regulatory
Guidance on COVID-19 and the Fair Labor Standards Act
By Peter J. Brown, Alex Volberding
On April 26, the Department of Labor updated its guidance concerning the Fair Labor Standards Act and its application to commo...
Technology, Law Practice, Corporate
Garnering C-suite buy-in for LegalTech via tantalizing AI
By Lance Eliot
Recent surveys indicate that the C-suite continues to slowplay those erstwhile funding requests by in-house legal counsel seek...
Labor/Employment, Criminal, Corporate
Employee charged with COVID relief fraud? Questions for GCs
By Byron J. McLain, Hawwi Edao
The U.S. Department of Justice already has publicly charged almost 500 defendants with criminal offenses based on fraud scheme...
Last April I published an article on options available to businesses who were unable to perform contracts that had been impact...
Corporate, Contracts
Immediate and long-term impacts of COVID-19 on automotive suppliers
By Ann Marie Uetz, Vanessa Miller
The automotive industry was hit particularly hard by the COVID-19 pandemic and is still being impacted in ways that continue t...
Real Estate/Development, California Courts of Appeal
After ruling, tenants can no longer weaponize Delta motions
By Curtis Dowling
Over the years, motions to quash based on Delta would become a clever tactic used by tenant attorneys to attack unlawful detai...
Family, California Courts of Appeal
Ruling says paying for college trumps paying spousal support
By Franklin R. Garfield
In 1972, the California Legislature changed the age of majority from 21 to 18. One of the consequences of that decision is tha...
Labor/Employment
Guardians of the business: Enforceable restrictive covenants
By Emily M. Wajert
Five tips for employers on drafting enforceable covenants.
Labor/Employment
'Persuader rule' would destroy attorney-client privilege and duty of confidentiality
By Michael J. Lotito
Organized labor, among others, is aggressively pushing the Senate to pass the Protective the Right to Organize Act, commonly r...
“Your honor, we are asking for 271 sanctions against the other party” is the refrain often hurled by one, or both, counsel dur...
Law Practice, Appellate Practice
The limits of the appellate process and effective storytelling
By David M. Axelrad
The appellate process has many limitations that can deter a disappointed litigant’s pursuit of relief on appeal.
Judges and Judiciary, California Courts of Appeal, Appellate Practice
Fixing appellate delay
By Jon B. Eisenberg
Three months ago, I filed a complaint with the Commission on Judicial Performance about egregious decisional delay by three ju...
Law Practice, California Courts of Appeal, Appellate Practice
The importance of judicial economy
By David M. Axelrad
As litigation becomes more complex and courts continue to be over-burdened, the principles of judicial economy and efficiency ...
Letters, Judges and Judiciary
Protecting our courts is protecting the rule of law
By Thomas A. Delaney, Nicole Virga Bautista
The California Judges Association applauds the Daily Journal for publishing: “Lawyers must help protect judges,” on April 23.
Law Practice, Ethics/Professional Responsibility
Tips for avoiding risk when acting as replacement counsel
By Shari L. Klevens, Alanna G. Clair
When clients choose their attorneys, they place faith in the attorney to handle the matter effectively and consistently with t...
Law Practice, Alternative Dispute Resolution
Should we ‘flip the system’ from litigation to mediation first?
By Leonid M. Zilberman
Full disclosure: I’ve learned and practiced in the litigation and trial system for over 25 years. Yet, it appears more and mor...
Labor/Employment
Horrible bosses: Does the law allow you to be a jerk at work?
By Robert J. Hudock
Former employees of Scott Rudin have alleged the prominent Hollywood and Broadway producer engaged in extreme workplace conduc...
Criminal, Constitutional Law
Crime victims in California are being denied due process
By Antonio R. Sarabia II
Crime victims have California constitutional rights to be heard in criminal cases and to restitution for any losses caused by ...
Technology, Labor/Employment
Want to pay your employees in cryptocurrency? Not so fast
By Eliot J. Rushovich
Cryptocurrency is the future of money in a world where cash is becoming obsolete. But until the world catches up with the cryp...
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...