Intellectual Property, Entertainment & Sports, Civil Litigation
Young v Trump 2020: No more Rockin’ In The Free World
By Michael Peters
Neil Young recently filed a lawsuit against Donald J. Trump for President, Inc. for copyright infringement over use of his son...
In less than three months, California voters will be asked to decide the fate of the “Protect App-Based Drivers and Services A...
Corporate, Antitrust & Trade Reg.
Will the Big Tech antitrust hearings have any impact?
By Jon Cieslak, Steven Cernak
On July 29, the CEOs of Amazon, Apple, Facebook and Google sat before the United States House Judiciary Subcommittee on Antitr...
Data Privacy
How do US businesses handle data transfers with the EU going forward?
By Victoria Burke
Last month, the Court of Justice for the European Union invalidated the “adequacy decision” made by the European Commission on...
Constitutional Law
Two cooks in California’s policy kitchen
By David A. Carrillo, Stephen M. Duvernay
It’s an election year, so the California initiative process is enduring the usual complaints about the initiative as “an insti...
Insurance
Will COVID-19 business interruption suits really bankrupt the insurance industry?
By Bradley Wallace
On July 30, the United States Judicial Panel on Multidistrict Litigation heard oral arguments in advance of deciding whether t...
Law Practice, Ethics/Professional Responsibility, Civil Litigation
Should we revisit the ‘prior win’ standard for malicious prosecution?
By Louie H. Castoria
A recent decision by the 4th District Court of Appeal may explain why some litigants and lawyers don’t know when to stop. As t...
State Bar & Bar Associations, Legal Education
Dear Blue Ribbon Commission: Eliminate the one-day Attorney Examination
By Benjamin R. Delson
Does the California State Bar really believe that an attorney who has been representing clients in another state for four year...
Technology, Law Practice
‘Legal desert’ report fuels support for embracing remote lawyering and AI
By Lance Eliot
The American Bar Association has released its latest annual report titled ABA Profile of the Legal Profession 2020, showcasing...
Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Arbitrators, without specific authority, can’t order third-party discovery
By Michael D. Marcus
A recent appellate court ruling addresses an arbitrator’s authority to order third-party discovery.
Government
Taxpayers are picking up Trump’s tab without knowing the bill
By John H. Minan
No American president has ever monetized the presidency like President Donald Trump, his family, and the Trump Organization. D...
Law Practice
Remember the importance of time off during the pandemic
By Shari L. Klevens, Alanna G. Clair
While the long-term ramifications of the pandemic remain to be seen, many commentators have observed the potential for increas...
“Appeals are the last little step in the drama.” Appellate lawyers are told this from time to time. Such thinking can sink an ...
NLRB decision runs over workers’ rights
By Ira L. Gottlieb
A recent decision by the National Labor Relations Board is the latest in a parade of decisions and rulemaking intended to impo...
Education Law
School reopenings in California are dangerous and unnecessary
By Christa H. Ramey
In the middle of the most devastating public health crisis in more than a century, the Trump administration and its supporters...
Congressman John Lewis died on July 17 and, as this is being written, he lies in state at the U. S. Capitol. “Walking with the...
Government, Civil Litigation
Analyzing COVID-19 liability protections in the HEALS Act
By Richard C. Giller
The SAFE TO WORK Act, which is part of the larger Health, Economic Assistance, Liability, and Schools Act, provides under spec...
Civil Litigation
The coming public nuisance of public nuisance COVID-19 employment suits
By Scott J. Witlin
The COVID-19 virus has been a boon to plaintiff lawyers seeking to cash in on the events related to the pandemic and the shutd...
Labor/Employment, Government, Administrative/Regulatory
The Americans With Disabilities Act at 30
By Kristina M. Launey
The evolution of disability access in the United States under 30 years of Title III of the ADA.
Obituaries, Judges and Judiciary
Justice William F. Rylaarsdam, 1937-2020
By Eileen C. Moore
From a village in Holland to the California Court of Appeal.
Immigration
Professional visas: An overview of H-1Bs and alternatives
By Tiffany Chang Wu, Mitch Wexler
In 2020, USCIS received approximately 275,000 registrations during the registration period. Since there were more registration...
Labor/Employment, Corporate, Civil Litigation, California Supreme Court
Section 16600 and Ixchel: benefit or burden?
By Patrick Hammon
California courts have long wrestled with how to strike an appropriate balance between free and unfettered competition, on the...
Corporate
California aims to lead the way again in diversity on boards
By Teresa L. Johnson, Amy V. Endicott
In 2018, California took the bold step to require a minimum number of women directors on the boards of California-based public...
Many lawyers consider oral argument to be the climax of the appellate process, yet in some (exceptional) cases, oral argument ...
Law Practice, Criminal, Civil Litigation, California Supreme Court, Appellate Practice
A ‘clear and convincing’ appellate standard
By Robert Olson, Ted Xanders
In a recent opinion, the California Supreme Court, in a unanimous decision authored by Chief Justice Tani Cantil-Sakauye, reso...
Letters, Criminal
Story on peremptory challenge bill was inaccurate, unbalanced
By AJ Kutchins, Elisabeth Semel
In giving a unilateral voice to those who insist the bill is “premature,” the article is tone deaf — as are many of the bill’s...
Intellectual Property, Civil Litigation
New wrinkle in patent licenses with state universities
By Jason A. Lief, Michelle Rhyu
When multiple parties share interests in a patent, there can be conflict and complexity over decisions regarding patent litiga...
Construction, Civil Litigation
Fairness does not always follow justice, including in construction law
By Garret D. Murai
Last year, the 9th Circuit overturned an arbitration decision in favor of a local Afghani subcontractor seeking termination co...
Criminal, California Supreme Court
Despite flaws, some continue to push for bail algorithm
By Jeffrey J. Clayton
When the system erred, it consistently showed that Black defendants were predicted to be higher risk, while white defendants w...
Torts/Personal Injury, Letters
Column says 'Reptile Theory' improper but cites successful use of it?
By Michael J. Faber
I read with interest Robert Tyson's July 31 column, "The Reptile Theory: Use it." But a question: Mr. Tyson objects that the R...