Government, Constitutional Law
Emoluments case rejection weakens a constitutional guardrail
By John H. Minan
On Oct. 13, the Supreme Court denied the plaintiffs’ petition for certiorari in a case accusing the president of violating the...
Government
Proposition 18: Should we allow 17-year-olds to vote in elections?
By Paul Kujawsky
There’s a sound physiological reason that teens on average are less prudent than adults. The prefrontal cortex governing behav...
Real Estate/Development, Banking
SB 1079 is a set back for both lenders and borrowers
By Robert S. McWhorter, Jarrett Osborne-Revis
This bill makes nonjudicial foreclosures slower, more expensive, and a less appealing remedy against defaulting trustors-debto...
Civil Litigation, California Supreme Court
The risk of absolute product liability
By Glenn Lammi
The California Supreme Court will soon decide whether to review Johnson v. Monsanto, a product-liability case that spawned ten...
Government, Data Privacy
Prop 24 would help revitalize California’s economy
By Dominique Shelton Leipzig, David Biderman
Proposition 24, the California Privacy Rights Act, offers a potential solution to the EU’s call for action after invalidating ...
Administrative/Regulatory
THC’s Prop 65 listing may lead to more enforcement in 2021
By Willis M. Wagner
On Jan. 3, California regulators listed delta-9-tetrahydrocannabinol, more commonly known as THC, as a Proposition 65 chemical...
Law Practice, Ethics/Professional Responsibility, Covid Columns
Fulfilling ethical obligations practicing during a pandemic
By Brian Slome, Jessica Beckwith
Lawyers continue to work full time while serving as teachers, housekeepers, chefs and caregivers. As a result, lawyers must fi...
Technology, Law Practice
Artificial Intelligence might spur a three-tiered practice of law
By Lance Eliot
Existing exhortations about allowing nonlawyers to practice law has created alternative visions about a possible two-tiered ap...
Just like a carpenter, trial lawyers must have specialized tools ready to tackle unexpected situations.
Law Practice, Ethics/Professional Responsibility
Deciphering conflicts based on personal relationships with opposing counsel
By Mark L. Tuft
A recent ethics opinion by the American Bar Association examines intimate relationships, friendships and acquaintances with op...
Judges and Judiciary, Covid Columns, California Supreme Court
The California Supreme Court during a pandemic: by the numbers
By Kirk C. Jenkins
On March 13, President Donald Trump declared a state of emergency due to the COVID-19 pandemic. Since that time, the Californi...
Civil Rights, California Supreme Court
Historic appointment of Justice Jenkins is a victory for all
By Rick Chavez Zbur
“It’s not my victory, it’s yours and yours and yours,” Harvey Milk said after winning a seat on the San Francisco Board of Sup...
State Bar & Bar Associations, Legal Education
Major study questions connection between bar exam cut score and public protection
By Mitchel L. Winick
Ground-breaking research, published this week, reports that the high minimum passing score (“cut score”) on the California bar...
Intellectual Property, Entertainment & Sports, Civil Litigation, California Supreme Court, 9th U.S. Circuit Court of Appeals
Supreme Court sings swan song to Led Zeppelin suit
By Bill Hochberg, Todd W. Bonder
After a silly season of song suits, we may be returning to the tradition of standing on giants’ shoulders, borrowing words or ...
Tax, Criminal
John McAfee’s indictment for tax evasion: A guide for ordinary taxpayers
By Robert W. Wood
McAfee’s circumstances may not appear to offer much guidance to the vast majority of taxpayers out there, big and small. But a...
Senate Bill 10, a law passed in 2018, aims to prevent those who cannot afford nominal bail from remaining incarcerated during ...
U.S. Supreme Court, Civil Litigation
Cert denial leaves anti-SLAPP federal circuit split in place
By William Slomanson
On Tuesday, the U.S. Supreme Court denied certiorari in what could have been a pivotal case about whether anti-SLAPP belongs i...
Intellectual Property, Civil Litigation
Federal Circuit panels disagree on review of PTAB joinder decisions
By Jennifer R. Bush
Critics of a recent decision have questioned the basis for concluding that the joinder and institution are “separate” decision...
Government, Constitutional Law
Moving beyond the 2-party presidential debate
By Kris Whitten
When we cast our vote for president this time around, the best many of us will be able to do is hold our nose and breath, and ...
Labor/Employment
The ever-changing saga of the joint-employer doctrine
By Mellissa A. Schafer
The U.S. Department of Labor recently updated its interpretation of the joint-employer rule under the Fair Labor Standards Act...
Intellectual Property, Civil Litigation
Patent litigation surges in the Western District of Texas
By J. Jonas Anderson, Paul Gugliuzza
Practically all of the patent cases in the Western District of Texas are on Judge Albright’s docket. As the figure below shows...
Tax, Real Estate/Development
Proposition 19: 9 considerations before the November 3 vote
By Yin T. Ho
On Nov. 3, California's electorate will vote on Proposition 19, a constitutional amendment that would substantially restrict p...
Civil Litigation
Misguided decision could upend class action practice
By Adam J. Zapala, James G.B. Dallal
A federal appellate court found that class representative incentive awards — the common practice of permitting a court-supervi...
Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit wades into the bog of in rem jurisdiction
By Donald M. Falk
The court recently wrestled with in rem jurisdiction issues in a civil forfeiture case, and the law remains far from clear.
U.S. Supreme Court, Constitutional Law
What difference will Amy Coney Barrett make?
By Erwin Chemerinsky
Judge Amy Coney Barrett is 48 years old. If she is confirmed to the U.S. Supreme Court and remains on the court until she is 8...
U.S. Supreme Court, Labor/Employment
Arguments: Does ERISA preempt state laws regulating prices paid by prescription drug middlemen?
By Elizabeth Hopkins, Andrew M. Kantor
Last week the U.S. Supreme Court heard oral argument in a case examining whether the Employee Retirement Income Security Act p...
Law Practice, International Law, Ethics/Professional Responsibility, Civil Rights
Protecting those who, but for us, could forever remain victims
By Lucy Varpetian
For nearly two weeks now, 7,000 miles away from California, the native Christian-Armenian people of the Republics of Artsakh a...
Civil Litigation
To defend the impossible: How to defend cases under California’s Proposition 65
By Howard J. Smith III
While Prop. 65 cases normally settle early, numerous defenses do exist.
U.S. Supreme Court, Immigration
In Ginsburg’s absence, due process for asylum seekers at risk
By Camiel Becker
On Oct. 2, the Supreme Court granted certiorari in Barr v. Dai, a case that will decisively uphold or strip asylum applicants ...
U.S. Supreme Court, Government, Constitutional Law
Supreme Court to hear important Voting Rights Act case
By Christopher M. Kieser
Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases involving Arizona’s prohibition of so-called “ballot...