Education Law
US Department of Education releases final Title IX rules
By Pilar Morin, David Urban
On May 6, the Office for Civil Rights of the U.S. Department of Education released its new regulations under Title IX of the E...
U.S. Supreme Court, Criminal, Constitutional Law
Qualified immunity: Are we there yet?
By Robert L. Bastian Jr.
Are we there yet? Some jurisprudential road trips wind longer than others. But the history in federal courts of qualified immu...
The popularity of the Netflix documentary “Tiger King” has thrust the plight of big cats in captivity into the spotlight. Whil...
Law Practice
An interview with: Morgan Weibel, director of the Tahirih Justice Center
By Mallika Kaur, Morgan Weibel
A discussion about lawyering and trauma during the shutdown.
When you next sit down to prepare for a mediation, consider putting the “temple of justice” idea on your list of items to disc...
Government, Criminal
FARA is clear: disclose relationships with foreign principals
By John H. Minan
On May 7, the DOJ filed a motion to dismiss the charges against Flynn for lying to the FBI. The action by the DOJ has been app...
Alternative Dispute Resolution
Mediating during coronavirus: danger and opportunity
By Stephen H. Sulmeyer Ph.D
It is commonly believed in the West that the Chinese word for “crisis” is comprised of two characters, one representing “dange...
There are writers who appear, possibly once in a generation, who seem to galvanize time’s eerie striations and craft novels th...
Government, Administrative/Regulatory
COVID-19 data privacy could be a Pandora’s box
By Gerald L. Sauer
It has taken a global pandemic to finally move legislators in DC toward progress on consumer privacy issues. Despite an urgent...
Labor/Employment, Civil Litigation
Business protection from COVID-19 lawsuits? It already exists
By Allen Patatanyan
The coronavirus pandemic has stoked fears among businesses that they will be targeted with lawsuits as they reopen for busines...
For the most part, courts have functioned pretty much the same way for centuries, with lawyers, clients, witnesses, judges and...
State Bar & Bar Associations, Letters, Legal Education
... or perhaps the bar exam system is broken
By Mitchel L. Winick
“The simplest solution is most likely the right one.” This is the most common paraphrased version of English Franciscan friar ...
State Bar & Bar Associations, Letters, Legal Education
Good lawyering is not about regurgitating knowledge
By Michiel Pestman
Only 26.8% of the candidates passed the February California bar exam. This is the lowest pass rate since 1951, when the bar st...
Military Law, Law Practice
California’s Veterans Treatment Courts during the pandemic
By Eileen C. Moore
Up and down the state, judges, lawyers, court personnel and justice partners have been dedicating themselves to their mission ...
Criminal
Flynn dismissal raises Bar(r) for false statements prosecutions
By Joshua M. Robbins
Amid the dark clouds of the ongoing pandemic, a silver lining has appeared for white collar defendants and their counsel, in t...
Labor/Employment, Civil Litigation
Offsetting the delays faced by victims of workplace retaliation
By Aaron L. Osten
A major deficiency under the current whistleblower protections is the time-consuming litigation process subjecting aggrieved e...
Labor/Employment, Government
Did the governor’s Paid Sick Leave order exceed his authority?
By James J. McDonald Jr., Ben Ammerman
The governor recently issued Executive Order N-51-20 which ordered private sector employers of more than 500 employees to prov...
Labor/Employment
Reopening the workplace: What commercial landlords need to know
By Michael C. Cato
As California communities return to work amidst the ongoing pandemic, landlords must consider how and when to reopen tradition...
Labor/Employment
Ensure there’s no confusion about work-at-home employees
By Trevor R. Witt
Permitting employees to work remotely comes with its own special wage and hour considerations that must be addressed, especial...
Labor/Employment, Civil Litigation, California Supreme Court
The verdict is in on PAGA jury trials
By Steven B. Katz
Last week’s California Supreme Court decision in Nationwide Biweekly, although not a PAGA case, all but definitively settles t...
U.S. Supreme Court, Government, Constitutional Law
Losing the rule of law
By Erwin Chemerinsky
Never before have I so despaired for the rule of law in the United States. The decision of the U.S. Department of Justice to ...
U.S. Supreme Court, Government, Constitutional Law
Supreme Court tossed a yellow warning flag in subpoena cases
By John H. Minan
Labor/Employment, Entertainment & Sports, Civil Litigation
Court throws out U.S. Women’s National Team’s equal pay claims
By Garrett R. Broshuis
In a May 1 ruling, the court threw out the players’ equal pay claims, leaving only a sliver of the case for trial.
Labor/Employment, Civil Litigation
Suit may once and for all decide the fate of Uber and Lyft in California
By Bryan L. Hawkins
On May 5, California Attorney General Xavier Becerra, along with the City Attorneys for the cities of Los Angeles, San Diego a...
What Congress and the Small Business Association giveth, the IRS taketh away.
Corporate
Lender’s liability and MAC clauses in the era of COVID-19
By Jennifer A. Post, Simran S. Bindra
To mitigate the unprecedented financial impacts of the COVID-19 pandemic, lenders are reviewing their existing loan portfolios...
U.S. Supreme Court, Environmental & Energy
Ruling creates certainty and uncertainty at current and future Superfund sites
By Leila Bruderer, Steven H. Goldberg
In a case watched closely by environmental attorneys around the country, the U.S. Supreme Court solidified the EPA's authority...
While it’s not possible to cover all of the legal issues that nonprofits are currently facing in this one column, I’m focusing...
California Supreme Court, Appellate Practice
Electronic argument in the California Supreme Court
By Michael G. Colantuono
The California Supreme Court is conducting oral arguments by video conference during the pandemic. I argued two cases there on...
Bankruptcy
Navigating the fiscal impacts of the COVID-19 pandemic
By David S. Kupetz, Victor A. Sahn
It is important that businesses enduring significant financial distress, even if the problems only arose as a result of fall-o...