Environmental & Energy
California should designate the western Joshua tree for protection
By Douglas P. Carstens, Michelle Black
This month, the California Fish and Game Commission will be evaluating whether to advance a petition to list the western Joshu...
U.S. Supreme Court, Labor/Employment
‘No harm, no foul, no standing’ in breach of duty ERISA claims
By Michelle L. Roberts
On Monday, in a 5-4 decision issued, the Supreme Court made it a whole lot more difficult for retirement plan participants to ...
Labor/Employment, Civil Litigation
How employers can prepare for expected waves of coronavirus-related litigation
By Bonnie A. Glatzer, Hillary Baca
During the pandemic, California has experienced a perfect storm that might unleash waves of employment litigation.
Construction, California Courts of Appeal
Beware the difference between design, performance specifications
By Garret D. Murai
Construction specifications generally come in two flavors: “design” specifications and “performance” specifications. Design sp...
U.S. Supreme Court, Criminal, Constitutional Law
When qualified immunity offends common sense
By John H. Minan
Although the qualified immunity doctrine properly protects government officials for innocent mistakes, the doctrine is easily ...
Intellectual Property
Intellectual property protection for California cannabis businesses
By Dariush Adli
Intellectual property and the exclusivity it provides its owners is a valuable tool for cannabis businesses, allowing them to...
Little is known about the process by which pre-IPO companies select independent, outside board members — directors unaffiliate...
Intellectual Property, Entertainment & Sports
The past through tomorrow: How would proposed amendments to DMCA change the online economy?
By Mark S. Lee
A recent report by the Copyright Office includes a series of recommendations on how to reallocate rights and risks in ways som...
Law Practice, Civil Litigation, Appellate Practice
A little help here?
By Benjamin G. Shatz
On its face, Section 166.1 is a rather peculiar statute. As you might guess, it was drafted by lawyers for their use, speciall...
Securities, Corporate
Investor protections in private equity funds
By Sara L. Terheggen
o best protect their investment, investors should determine whether the general partner has incorporated any recourse protecti...
Labor/Employment, Government
How COVID-19 could permanently transform public agency operations: lessons learned
By T. Oliver Yee, Alysha R. Stein-Manes
The coronavirus public health emergency has drastically changed how workplaces operate. This is particularly true for public a...
Constitutional Law
The crossroads of free speech and executive prerogative
By Michael Montaño
May 27, 2020, will be remembered as the day when the president of the United States publicly threatened to censor political sp...
…together?’
Who was Joseph Tussman?
Criminal
AG can choose to stop defending some death sentences during COVID-19
By Samuel Weiscovitz
Using his significant -- and underutilized -- power to control post-conviction case resolution, the AG can serve the public in...
Criminal
Ruling will provide fodder for arguments over preventative detention
By Robert M. Sanger
The news in this opinion is that the California Supreme Court has found that preventive detention is constitutionally permitte...
Government, Administrative/Regulatory
Executive order adds historic Regulatory Bill of Rights
By Alison Somin
Last week, President Donald Trump signed an executive order with far-reaching implications for regulatory agency enforcement p...
For most of the last two decades, I have been a member of the Honorable William A. Ingram American Inn of Court, in San Jose. ...
Labor/Employment
Navigating the COVID-19 presumption for workers’ compensation claims
By Dwayne McKenzie, Kevin Hannifan
Executive Order N-62-20 establishes a rebuttable presumption, for purposes of awarding workers’ compensation benefits, that em...
Civil Litigation
We should suspend jury trials for unlawful detainer cases
By James P. McBride
Many persons outside the residential housing industry may not be aware that parties to an unlawful detainer proceeding are sta...
Law Practice, Alternative Dispute Resolution
Thinking outside the mask: law and the pandemic
By Robert S. Mann
Desperate times call for clever solutions. I’ve been rounding up stories about the many innovative ways in which lawyers and m...
Law Practice
Why attorneys are giving back during the COVID-19 pandemic
By Yvette Lopez-Cooper
In San Diego, lawyers have stepped up to the challenge by creating innovative ways to keep everyone safe while practicing soci...
U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
Church attendance ruling not likely to have much influence
By Charles S. Doskow
The 9th Circuit decided a case on May 22 in which it firmly rejected First Amendment arguments which contested the application...
Health Care & Hospital Law, Alternative Dispute Resolution
Effective health care arbitration: A collaborative approach
By Viggo Boserup
One of the most frequent types of health care arbitrations is that between a provider of health care services (e.g., physician...
Civil Litigation
To help civil courts recover, some personal injury cases should not have jury trials
By Thomas A. Scutti
Our closets, garages, file cabinets and food pantries have never looked better during the lockdown. But, as we prepare for lif...
Environmental & Energy, 9th U.S. Circuit Court of Appeals
Climate change lawsuits belong in state court
By Myanna Dellinger
On Tuesday, the 9th Circuit held in two separate opinions that lawsuits for damages to infrastructure caused by energy compani...
Tax, Criminal
Ruling confirms plea agreements are worth the paper they’re printed on
By Evan J. Davis
Courts recognize the unequal bargaining power in deciding whether a prosecutor has breached a plea agreement. As with any one-...
Civil Litigation, California Courts of Appeal, Appellate Practice
Evidence: An eternal struggle?
By Gary A. Watt, Nicole Kim
The hearsay rule traces back 500 years, and its ascension to a uniform principle occurred in the 1800s. How is it that 120 or ...
I am writing in response to the Daily Journal’s article May 26 article, “Bill aims to curb some juror challenges.” While the a...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
All together in one place: time to open the churches
By William J. Becker Jr., Jeremiah Graham
This Sunday, just as the disciples were “together in one place,” a number of churches throughout the state are planning to mar...