Turow in winter, or at least thinking about winter, that crawling towards death, as Lear puts it. That would be Scott Turow, t...
Reading is just about the worst way to present an oral argument — and presenting oral arguments remotely doesn’t change that.
Civil Litigation, California Supreme Court
Ruling on enforcement of the UCL is a victory for Californians
By Valerie T. McGinty, Saveena Takhar
On June 25, the California Supreme Court issued a unanimous opinion allowing a district attorney to seek recovery for violatio...
Government, Criminal
Collaboration is essential in these times
By G. Christopher Gardner
Public defender offices are proud of the essential role we play in the justice system. We are grateful for the daily opportuni...
Education Law, Criminal, California Supreme Court
Time for California to redefine the role of cops on campus
By Robert Ross Dekoven
In 2003, the California Supreme Court held that all security personnel — including school security, school police, school reso...
Intellectual Property, Government, Data Privacy
Deepfakes: dangers and developments
By Stan Gibson, Jessica Newman
To combat the risk posed by deepfakes, California enacted two new laws, which went into effect at the beginning of 2020.
California homeowners insurance bills face legislative fire fight
By Norris Clark
Two bills currently before the California Legislature are seemingly moving quite easily through the Assembly and Senate but ar...
Government, Criminal
En banc hearing before full DC Circuit in Flynn case is warranted
By John H. Minan
On June 24, the U.S. Court of Appeals for the D.C. Circuit (20-5143) granted Michael Flynn an emergency writ of mandamus to di...
U.S. Supreme Court, Labor/Employment, Civil Rights
The Juxtaposition Turn: disparate treatment and disparate intent
By Tristin Green
In his majority opinion in Bostock v. Clayton County, Justice Gorsuch provided a helpful explanation of intent in employment d...
Jacob Bronowski, British Mathematician and historian said: “It is important that students bring a certain ragamuffin, barefoot...
Labor/Employment, California Courts of Appeal
Growing court consensus on businesses websites and ADA
By Kristina M. Launey
A Court of Appeal ruling recently added to the growing number of California state and federal courts holding that the websites...
The COVID-19 pandemic and the recent civil unrest are having a disproportionate effect on people in California's low-income co...
Government, Constitutional Law, Civil Litigation
What are they thinking?
By Michael M. Berger
This is a story about railroads, property owners and government litigation strategy.
Government, Criminal
What is qualified immunity— and what is the future of the doctrine?
By Sean D. De Burgh
What exactly is qualified immunity? Why does it exist? How is it applied?
Intellectual Property, Entertainment & Sports
Coming revisions to the Digital Millennium Copyright Act
By Dariush Adli
As Congress gets ready to consider revisions to the 1998 landmark Digital Millennium Copyright Act, online service providers a...
Construction, Civil Litigation, California Courts of Appeal
When are contractor actions ‘willful’ under enforcement statutes?
By Garret D. Murai
What is the meaning and intent of the term “willful” under Business and Professions Code Section 7110 — and does a violation o...
Police procedurals have made the Miranda warnings so well-known that most Americans can recite them by rote. But there is a lo...
While voting by mail has become a political flashpoint, with President Donald J. Trump and Attorney General William Barr invei...
Family
Litigating trust and estate disputes before private judges
By Ryan J. Szczepanik, John D. Minton
It is not surprising that trust and estate disputes continue to increase. The number of people entering retirement age is incr...
In a bid to protect countless employees laid-off and furloughed during the COVID-19 pandemic as business begin to re-open, San...
U.S. Supreme Court, Immigration
A reprieve for DACA recipients
By Maggie Carter, Daniel Suvor
The U.S. Supreme Court’s long-awaited decision last week rejecting the Trump administration’s attempt to rescind Deferred Acti...
Family, Criminal
Domestic violence takes center stage in recent statutory changes
By Jeffrey P. Blum
Claims of domestic violence have been on the upswing during the pandemic; catch up with recent statutory changes affecting the...
Criminal, Constitutional Law
The case that paved the way for profiling motorists
By John Aiello
The 4th Amendment to the Constitution was drafted to protect us against unreasonable searches and seizures. Essentially, this ...
Corporate, Civil Litigation, Antitrust & Trade Reg., Administrative/Regulatory
Antitrust and national security: The 5G race continues
By Noah A. Brumfield, Jonathan (Jack) Klaren
Recent actions by the Antitrust Division reflect a greater interest in moderating antitrust policies in consideration of natio...
Trump’s private unrecorded meetings with President Vladimir Putin of Russia have not yet been revealed, and many citizens are ...
Government, Constitutional Law
Are impeachment trials a legal process or purely political?
By Rafael Chodos
In December 2019, as preparations were underway for the impeachment trial of Donald Trump, Republican Sens. Mitch McConnell an...
Government, Constitutional Law
Twitter is in the clear from Devin Nunes’ suit over parody tweets
By Karine Akopchikyan, Cristy Jonelis
Immunity under Section 230 is the reason why Twitter was able to successfully dismiss California Republican Rep. Devin Nunes’ ...
International Law, Insurance, Civil Litigation
Appellate rulings depart from treaty interpretation norms
By Peter S. Selvin
International treaties and conventions are often strictly construed by U.S. courts without regard to common law principles. Tw...
Criminal, Civil Rights
The pandemic, the killing of George Floyd and discriminatory jury selection
By Elisabeth Semel
While AB 3070 has nothing to do with access to health care or economic relief, it has everything to do with addressing the end...
U.S. Supreme Court, Immigration
Ruling is win for DACA recipients, though possibly temporary
By Michael N. Litrownik, Chauniqua D. Young
A U.S. Supreme Court decision last week was a major — if temporary — victory in the ongoing fight to protect the rights of you...