Labor/Employment, Covid Columns
SB 1159 extends California’s COVID-19 presumption of compensability
By Theodore A. Penny, Yvette Davis
On Thrusday, Gov. Gavin Newsom signed Senate Bill 1159, which was passed as the replacement to Newsom’s Executive Order N-62-2...
U.S. Supreme Court, Administrative/Regulatory
Court asked to decide constitutionality of Schedule I status of pot
By Ian A. Stewart
The U.S. Supreme Court has been asked to invalidate marijuana’s Schedule I status under the CSA on constitutional grounds.
Constitutional Law, Civil Rights
‘We the People’: 100 years of perspective on the 19th Amendment
By Nicole Chollett Bershon, Julie R. F. Gerchik
It is no secret that in 1776, when the Founding Fathers wrote the preamble to the U.S. Constitution, “We the People” did not i...
U.S. Supreme Court, Intellectual Property
Rulings will increase trademark conflicts and expense
By Richard L. Kirkpatrick, William P. Atkins
Two decisions this year by the U.S. Supreme Court broaden trademark protection and are bound to increase trademark litigation ...
Technology, Law Practice
Legal micro-directives and AI: the future of the law?
By Lance Eliot
Prognostications are that legal micro-directives consisting of proactively distributed real-time snippets of the law will inev...
A guide to long-term leases, reassessments... and counting
Real Estate/Development, Covid Columns
Evaluating commercial evictions in response to COVID-19 rules
By Fernando Landa
All branches of California’s government enacted sweeping changes to the eviction process in response to the COVID-19 pandemic....
Mergers & Acquisitions, Corporate
Key considerations for targets in negotiating purchase terms with SPACs
By Joshua DuClos
There has been a bevy of special purpose acquisition company initial public offerings in the last three years, resulting in fr...
Government, Banking, Administrative/Regulatory
Bill opens bank doors to cannabis operators (read the fine print)
By Meital Manzuri
Assembly Bill 1525 will protect covered financial entities under state law and offer cannabis businesses the option to directl...
Law Practice, Civil Litigation
California’s Code of Civil Procedure enters the 21st century
By Amy P. Lally, Joel Richert
But while Senate Bill 1146’s proposed changes to the Code of Civil Procedure are long-overdue and ultimately welcomed, SB 1146...
Civil Litigation, California Courts of Appeal
Not a fraudulent transfer... even with intent to defraud?
By Geoffrey M. Gold
Until a recent appellate ruling, it appeared that, under California law, if a debtor made a transfer without receiving “reason...
Health Care & Hospital Law, Administrative/Regulatory
EO to ensure drug rebates are passed down to patients
By David M. Hoffmeister, Georgia C. Ravitz
President Donald Trump recently issued an executive order for the purpose of ensuring that discounts offered on prescription d...
Government, Environmental & Energy
Overhaul of DTSC, along with other environmental bills, await governor’s approval
By Monica Browner, Steven H. Goldberg
A handful of notable, environmentally focused bills made it through both houses of the California Legislature and are now wait...
Constitutional Law
Constitution depends on the good faith of those who govern us
By Erwin Chemerinsky
I have taught constitutional law for 40 years, but the events of the last several years have shown me a powerful lesson: The C...
Securities, Civil Litigation
California court enforces federal forum charter provision
By Peter B. Morrison, Virginia F. Milstead
A California superior court recently held that a provision in a Delaware corporation’s articles of incorporation requiring sto...
Government, Banking, Administrative/Regulatory
CFPB, California style
By Nancy R. Thomas
California is the latest state to adopt its own mini-Consumer Financial Protection Bureau. Under the new regime, we will get a...
Insurance, 9th U.S. Circuit Court of Appeals
Ruling limits excess insurers’ right to challenge coverage decisions
By Kirk A. Pasich
On Monday, the 9th Circuit issued an opinion deciding an issue of first impression on a significant insurance issue: “[W]hen, ...
Law Practice, Judges and Judiciary, California Courts of Appeal
On the other hand...
By Arthur Gilbert
Despite its passion and strength, does this concurring opinion belong here?
Real Estate/Development, Government, Covid Columns, Administrative/Regulatory
CDC’s eviction ban and the burn-off of eviction moratoria
By Grace Winters, Viral Mehta
Earlier this month, the Centers for Disease Control and Prevention announced an order banning residential evictions for most r...
A bite of an apple leads to a lawsuit.
Labor/Employment, Government, Environmental & Energy
Recap of California legislation: All eyes on the governor
By Dennis Cardoza, Jennifer Walsh
Governor Newsom has 30 days to consider nearly 400 pieces of legislation. The total number of bills reaching the governor’s de...
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
Will AB 5 keep on trucking?
By Ronald L. Zambrano
When AB 5 was enacted, its principal target was the gig economy, but its impact has extended well beyond the workforce that dr...
State Bar & Bar Associations
Lawyers, it’s time to step up to the plate and be poll workers
By Patricia Lee Refo
Lawyers, this is your cue: It’s time to step up to the plate. Especially young lawyers and law students.
Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals
Ruling is a sharp departure from the border search exception
By Jared C. Leung
A surprise decision came from the 9th U.S. Circuit Court of Appeals last week in which the court denied a petition by the gove...
Law Practice
Peremptory challenge bill awaits governor’s signature
By Allen L. Lanstra, Kasonni Scales
On Aug. 31, the California Legislature passed a bill that would strengthen the ability to challenge discrimination in the jury...
Law Practice, Covid Columns
No one has been paying attention for a while now
By D. Mark Jackson
What recent experiences with remote juries tell us about our distracted world
Covid Columns, Alternative Dispute Resolution
Arbitration during a global pandemic
By Daniel B. Garrie, Gail A. Andler
This article outlines a basic checklist designed for the convenience of counsel in furtherance of their meet and confer obliga...
Education Law, Corporate
Is outcry over racial injustice echoing in boardrooms and college admissions offices?
By Dario J. Frommer
This summer, amid headlines about national outrage and protest over the deaths of George Floyd, Breonna Taylor and others at t...
Technology, Law Practice
Autonomous levels of artificial intelligence as applied to the law
By Lance Eliot
A new framework identifies the autonomous levels of AI legal reasoning and provides a much-needed means of comparing advances ...
What can you say about a ballot measure, ostensibly designed to enhance online data privacy, that is being opposed not only by...