Environmental & Energy
The ongoing saga of the Dakota Access Pipeline
By Melissa Malstrom
July was a tough month for the pipeline industry.
Torts/Personal Injury, Civil Litigation, California Supreme Court
When is ‘each defendant’ not ‘every defendant’? Under Prop 51
By Don Willenburg
Proposition 51 makes “each defendant” jointly liable for all economic damages, but severally liable for noneconomic damages on...
Administrative/Regulatory
For ruling on 5G regulations, 9th circuit turns to payphones
By Anita Taff-Rice
The court this month applied the standard from one of the oldest communications devices — payphones — to largely uphold the Fe...
Government, Constitutional Law
Trump’s COVID-19 actions and the limits of executive power
By John H. Minan
On Aug. 8, President Donald Trump issued an executive order and three presidential memoranda tied to fighting the financial ef...
Letters, Law Practice
Top lawyer list excludes lawyers not in private practice
By Richard M. Frank
I was disappointed when I read the Aug. 12 supplement, “Top 40 Under 40.”
State Bar & Bar Associations, Immigration
Licensing nonlawyers to practice immigration law will harm consumers
By Shirin Egodage, Sabrina R. Damast
Recently the State Bar of California approved recommendations by its Task Force on Access Through Innovation of Legal Services...
Constitutional Law, Civil Rights
How to celebrate 100 years of women’s suffrage? Recognize the Equal Rights Amendment...
By Linda T. Coberly, Eva Davis
It took 70 years of advocacy for the 19th Amendment to pass, and it has taken a hundred more for the Equal Rights Amendment to...
Government, Constitutional Law
Senator Kamala Harris is eligible to be vice president
By Erwin Chemerinsky
Some conservatives, and now President Donald Trump, have advanced an argument with absolutely no legal foundation — that Harri...
9th Circuit ruling reaffirms protection for women fleeing domestic violence
By Blaine Bookey
In June 2018, then-Attorney General Jeff Sessions issued a sweeping decision known as Matter of A-B- in an attempt to eliminat...
Government, Environmental & Energy
The Water Resilience Portfolio: An ambitious blueprint for California water in the face of climate change
By Willis Hon, Tara Paul
Governor Gavin Newsom recently released the final version of his Water Resilience Portfolio, which identifies 142 state action...
Government, Civil Litigation, 9th U.S. Circuit Court of Appeals
Ruling cools overheated debate about dismissing FCA cases
By Claire M. Sylvia
The 9th Circuit recently rejected the government’s appeal of a district court decision denying its motion to dismiss a False C...
We all may like to grumble about the legal system from time to time, and may even about appellate judges themselves. But consi...
Tax, Civil Litigation
Appellate court slashed award in Round up case; now for the tax bill
By Robert W. Wood
The appeal is still a win for plaintiffs, and it may influence even more suits. There are already vast numbers of cases. Most ...
Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Recent developments in copyright law
By Neville L. Johnson, Douglas L. Johnson
Characters, ideas and the 9th Circuit
Intellectual Property, Government
New election, same tune
By Jordyn Ostroff, Cassandra Seto
Danger facing political campaigns for using songs without permission
Tax
More cryptocurrency tax worries? IRS now has training for auditors
By Robert W. Wood
Tax worries about crypto have changed. Audits involving crypto have now ramped up in a big way. The IRS has crypto training no...
Health Care & Hospital Law, Administrative/Regulatory
Agency in charge of Proposition 65 has lost its way
By Raphael Metzger
The Office of Environmental Health Hazard Assessment (OEHHA) is the scientific agency that is responsible for administering th...
Law Practice
How attorneys can mind their well-being during the COVID pandemic
By Fernando Flores
Unfortunately, the one hour of MCLE on competence that we are required to complete every three years does little to prepare us...
Law Practice
Clamor for open access to court records bolstered by AI advances
By Lance Eliot
There has been an increasing call for enabling greater open access to court records of the U.S. justice system, which catches ...
Labor/Employment, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Who’s watching Hollywood’s gatekeepers?
By Duncan Crabtree-Ireland, Danielle Van Lier
Ruling in Judd v. Weinstein will help address sexual harassment in non-employment, professional contexts
Supposedly, women have equal employment opportunities within our nation’s armed forces. But to avail themselves of those oppor...
Government
CARES Act funds are being unlawfully witheld from incarcerated persons
By George K. Rosenstock
Shortly after the IRS began sending out stimulus payments on April 10, the Treasury Department's Inspector General for Tax Adm...
Government, Constitutional Law, Civil Litigation
Litigation continues over Trump’s right to block Twitter users
By Daniel Rozansky, Cristy Jonelis
Social media access is arguably more important than ever. For those individuals whose social media accounts have been blocked ...
U.S. Supreme Court, Health Care & Hospital Law
Supreme Court will hear latest attack on ACA next term
By John H. Minan
The U.S. Supreme Court has once again agreed to determine the fate of the Affordable Care Act. Oral argument is planned for No...
Law Practice, Judges and Judiciary
California civil jury trials in the time of COVID-19
By Edward R. Hugo, Tina M. Glezakos
As a recently commenced civil jury trial demonstrates, while some courts endeavor to proceed with jury trials during the COVID...
Labor/Employment
Uber, Lyft drivers: employees... at least until November
By Eric B. Kingsley
On Monday, in an action initiated by the state of California and joined by the cities of Los Angeles, San Diego and San Franci...
Law Practice
Preserving and persevering in the pipeline
By Lisa M. Gilford, Simone Jones
Tips for success for diverse associates in large law firms
Administrative/Regulatory
The FDA and qualified health claims: a case study
By David M. Hoffmeister, James R. Ravitz
The claims made on foods and dietary supplements are important. These claims can help consumers make informed purchasing decis...
The global response to COVID, but particularly in the U.S., reflects a willful disregard of science-based warnings about comin...
Offering further guidance for investors, the Internal Revenue Service recently issued proposed regulations for carried or prof...