President Trump has undertaken an assault on America’s environmental laws and regulations unmatched in the nation’s history. H...
Labor/Employment
What employers need to know: Coronavirus as a work-related illness, part 1
By Christine Samsel, Rosanna Carvacho
Does workers’ compensation cover COVID-19 that may have been contracted by employees in the workplace? The answer is “it depen...
The world’s most dangerous man
By Stephen F. Rohde
Mary Trump’s remarkable book may well be the most serious, candid and revealing examination of Donald Trump ever written by an...
U.S. Supreme Court, Constitutional Law
Undermining the religion clauses of the First Amendment
By Erwin Chemerinsky
The U.S. Supreme Court's conservative majority is dramatically expanding protection for religions at the expense of all of us ...
Intellectual Property
Monetizing your IP to cushion the economic impact of COVID-19
By Dariush Adli
The ability to realize monetary value from intellectual property assets should not be surprising to business owners. Research ...
Entertainment & Sports
COVID-19 and film production
By Neville L. Johnson, Douglas L. Johnson
On June 5, the governor of California gave the green light for film and television production to resume, effective June 12. Th...
U.S. Supreme Court, Government, Constitutional Law
Tea leaves and the CFPB
By Anne Voigts, Matt Noller
A recent U.S. Supreme Court decision is notable for what it does, but also for what it doesn't do. It held that the fact that ...
Intellectual Property, Government, Corporate
FCC designates Huawei as national security threat
By Janice W. Reicher, Hilary C. Krase
In the ongoing confrontation between the U.S. government and Chinese telecom giant Huawei, the U.S. has dealt another major blow.
Police power in paradise: Hawaii’s quarantine rule is likely valid
By Jacob M. McIntosh, Josh McDaniel
Compared to other states, Hawaii has seen few cases and deaths from COVID-19. It is easy to see why. Unlike other states, the ...
Perhaps the most influential book ever written about the process of negotiating, and certainly a “primer” for virtually every ...
Physician heal thyself
By Patricia Gillette
I am so proud of the many lawyers who have come forward to offer assistance to demonstrators and victims of police violence in...
State Bar & Bar Associations, Legal Education
Plans for the bar exam fail to stand up to close scrutiny
By Michael Hunter Schwartz
The California State Bar’s plans for the upcoming October bar exam rely on a dubious, unprecedented version of the multi-state...
Law Practice
Litigation funding during the age of quarantine
By Shari L. Klevens, Alanna G. Clair
In addition to the devastating human toll resulting from COVID-19, the pandemic has had an impact on the economy now and likel...
The California Supreme Court should adopt an emergency diploma privilege. It is the equitable, fair, and compassionate solutio...
This is a good time to re-read — or for some to pick up for the first time — materials on implicit bias, and in particular how...
Labor/Employment, California Supreme Court
California labor laws and employees who work both in and out of state
By David E. Mastagni
The California Supreme Court recently answered questions of how California labor laws apply to employees who perform work insi...
Immigration
Stand with survivors to save asylum from proposed regulations
By Morgan Weibel
The asylum system is under attack. Over the past few years, we have seen policy after policy, fueled by racism and xenophobia,...
U.S. Supreme Court, Criminal, Constitutional Law
Who watches the watchers?
By Brian M. Hoffstadt
In all criminal cases, the accused is presumed innocent. This means that a jury must not presume that person accused of violat...
Health Care & Hospital Law, Government
California’s decision to shut down indoor dining rooms Is based on misleading evidence
By Scott J. Street
Governor Newsom and other California officials have used the virus as an excuse to create a Sacramento-based medical welfare s...
U.S. Supreme Court, Intellectual Property
Supreme Court denies review of Federal Circuit holding that inter partes review does not violate takings clause
By Charan Brahma, Craig Crockett
The U.S. Supreme Court recently denied petitions for certiorari from U.S. Court of Appeals for the Federal Circuit decisions a...
U.S. Supreme Court, Civil Litigation
US Supreme Court returns to issue of double standards in delegating gateway issues of arbitrability
By Steven B. Katz
The stakes in Henry Schein II are much larger than the narrow conflict among the circuits regarding delegation of “gateway” is...
U.S. Supreme Court, Intellectual Property
Booking.com and consistency in obtaining registrations at USPTO
By Laura Chapman, Michelle Kahn
The U.S. Supreme Court’s recent opinion comes as no surprise to veteran trademark practitioners, not only for its holding, but...
State Bar & Bar Associations, Legal Education, California Supreme Court
A plea to the California Supreme Court for diploma privilege
By Anna M. Han
During this pandemic, the class of 2020 law graduates moved to online instruction mid semester. Many did not have a chance to ...
As part of the Tax Cut and Jobs Act of 2017, Congress restricted Code Section 1031 Exchanges to only real property — a term th...
For nine years, I ran over to the local Veterans Treatment Court, VTC, on Tuesday afternoons to act as a mentor, primarily to ...
Labor/Employment
More and more California cities are adopting ‘right-to-recall’ laws
By Bruce J. Sarchet
California cities have, in the past few months, accelerated a trend that has been developing for a few years: they are passing...
Labor/Employment, Immigration
Presidential proclamation suspending entry to visa workers presents risks to US employers following COVID-19 restrictions
By Elona Dunehew, Davy Day
On June 22, the White House issued a new presidential proclamation to suspend the entry of new H-1B, L-1, certain J-1 and othe...
From its inception this column has drawn inspiration from the Oliver Wendell Holmes quote, “The young man knows the rules but ...
Immigration, Government, Constitutional Law
Cases will test who can enforce Congress’ appropriations powers
By Douglas A. Winthrop, Irvin Nathan
More than a year and a half ago, President Donald Trump, unwilling to accept Congress' repeated explicit refusals to fund a wa...
It’s all different. More so than any of us can remember. Lesson we all know, but many have stored in the back of a mental clos...