Government, Constitutional Law
The right to publish, with impunity, truth
By Stephen F. Rohde
President Trump’s attempt to enjoin the release of John Bolton’s book faces a number of legal and constitutional roadblocks.
Law Practice, Ethics/Professional Responsibility
Contemporaneous: Keeping accurate time records
By Franklin R. Garfield
It is the rare attorney who will never have a fee dispute. A recent case emphasizes the importance of keeping accurate and con...
State Bar & Bar Associations, Legal Education, California Supreme Court
Delayed bar exam creates missed opportunities for law graduates
By Mitchel L. Winick
July bar applicants may now have to wait until October to take the California bar exam according to the California Supreme Cou...
Alternative Dispute Resolution
Early neutral evaluation: The road less traveled
By Greg Derin
Before heading to mediation, try ENE.
Alternative Dispute Resolution
Migrating away from traditional models of mediation
By Daniel B. Garrie, Gail A. Andler
Mediation is often viewed by lawyers as a “this” or “that” on the spectrum from facilitative to evaluative. In reality, experi...
Law Practice
RESOLVE Law San Diego: an unprecedented courtroom alternative
By Amy Rose Martel
Recognizing the need for civil litigants to have a venue to resolve disputes outside the court, members of that task force, re...
Law Practice
An interview with: Dylan Nicole de Kervor of the Civil Rights Division of the US Department of Justice
By Mallika Kaur, Dylan Nicole de Kervor
A conversation with a civil rights attorney about how she navigated intersecting traumas and gifts of growing up in Berkeley a...
Real Estate/Development, Government
State Assembly to vote on bill to bolster borrower, tenant protections
By Jordan Tessier, Linda Rangel
Assembly Bill 2501 must pass off of the assembly floor by Friday. If passed, the bill will put in place certain loan forbearan...
Data Privacy, Civil Litigation
‘Incognito’: class action alleges it does not mean what you think it means
By Amy Lawrence
The complaint alleges that although Google tells users that it’s Incognito mode allows them to “browse privately,” Google is a...
U.S. Supreme Court, Labor/Employment, Constitutional Law, Civil Rights
An unexpected majority opinion
By Robert L. Bastian Jr.
The Supreme Court’s decision in Bostock v. Clayton Country, Georgia, handed down on Monday, is a thrilling victory for propone...
U.S. Supreme Court, Criminal
Controlling qualified immunity: Amend the Civil Rights Act
By John H. Minan
Many argue that the defense of qualified immunity protects the police more than the Civil Rights Act protects its citizens.
Probate, Family
Reformation of unambiguous wills in light of Estate of Duke
By Mark J. Phillips
In Duke, the California Supreme Court expanded the power of the trial court to admit extrinsic evidence to correct mistakes in...
Labor/Employment
Ride sharing companies’ chance of overturning AB 5 just dropped substantially
By Ronald L. Zambrano
On June 9, the California Public Utilities Commission issued an order designating all gig drivers classified as independent co...
U.S. Supreme Court, Constitutional Law
2nd Amendment: the Supreme Court’s constitutional orphan
By William Slomanson
Heller is almost a teenager. It’s time for the Supreme Court to change the status of the Second Amendment-from legal orphan, t...
Government, Constitutional Law
Executive order turns the 1st Amendment on its head
By Anita Taff-Rice
Now the Trump administration has repurposed the First Amendment. Even those of us who are many years away from being bleary ey...
U.S. Supreme Court, Entertainment & Sports
Complex battle rages over sports wagering in California
By Dennis M.P. Ehling
A battle raging over the prospect of sports betting in California is set to play out this Thursday in the California Senate.
Real Estate/Development
Tenants, landlords face a patchwork of COVID-19-related laws
By Jon E. Goetz, Russell E. Morse
Commercial and residential tenants and landlords seeking to address the financial impact of COVID-19 shelter-in-place orders a...
Tax, Real Estate/Development
IRS notice provides COVID-19 relief for opportunity zone investors
By Phil Jelsma
Offering significant relief from the repercussions of the coronavirus pandemic, the Internal Revenue Service recently released...
U.S. Supreme Court, Criminal, Constitutional Law
The Supreme Court and qualified immunity
By Erwin Chemerinsky
On Monday, the Supreme Court inexplicably denied certiorari in a number of cases which posed issues concerning qualified immun...
U.S. Supreme Court, Criminal, Constitutional Law
Federal appellate court speaks out on qualified immunity
By Jeremy K. Robinson
Only a little more than a week after the protests started, a panel of the 4th Circuit issued an opinion on the use of excessiv...
Though he never went to law school, Joe Tussman co-authored one of the foundational pieces underlying the Supreme Court’s expa...
Tax
This year taxes are not due until July 15, but should you extend?
By Robert W. Wood
Everyone knows that tax returns are due April 15 most years. In California, that means both the IRS and the FTB. But 2020 has ...
Health Care & Hospital Law
Bill would bring drugs that treat serious conditions to market faster
By Georgia C. Ravitz, David M. Hoffmeister
Recently, Sen. Mike Braun introduced the Conditional Approval Act, which would amend the Federal Food, Drug and Cosmetic Act t...
“Protecting the powerless”? The most esteemed and well-paid lawyers of their times tirelessly petitioned legislatures and judg...
Easing the restrictions of the Coronavirus Aid, Relief, and Economic Security Act’s Payment Protection Program program, on Jun...
Tax
Should you change your accounting method? An emerging cannabis loophole
By Andrew Gradman, Abraham Finberg
Even the best tax planning tends to be complex and unpredictable. Recently, however, planners have become interested in a simp...
Real Estate/Development, Insurance
Ruling says insurer can’t use exclusion in cannabis-related fire case
By Benjamin D. Tievsky
Recognizing the issue as a matter of first impression, the Court of Appeal construed the statutory language as limiting covera...
Contracts, Constitutional Law
Understanding the contract clause of the US Constitution
By Gary S. Ganchrow
There would seem to exist a wide chasm between the constitutional protections afforded by the contract clause to protect again...
Government, Environmental & Energy, Civil Litigation
California leads multistate coalition lawsuit against Trump administration's effort to weaken fuel efficiency standards
By Melissa Malstrom, Davina Pujari
California Attorney General Xavier Becerra is leading a multistate coalition in filing suit against the EPA, Department of Tr...
Law Practice, Judges and Judiciary
Civil court closures will have lasting impact
By Gerald L. Sauer
COVID-19 has turned the world as we know it upside-down, but it has done quite a number on the civil court system. In its rush...