Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
Big tech faces vigorous antitrust enforcement in 2020
By Aaron M. Sheanin
With mounting political pressure from Congress, the Trump administration, and multiple Democratic presidential candidates, 202...
Labor/Employment, Government
New law unconstitutionally restricts freelance journalists
By Caleb Trotter, Jim Manley
One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...
Family, Criminal
Navigating the law of Domestic Violence Restraining Orders
By Robin Birnbaum, Jillian E. Atuegbu
The goal of this article is to provide attorneys with practical information relating to the issuance of domestic violence rest...
Using the science of influence to gain an advantage in settlement discussions
Letters, Law Practice, Civil Litigation
An attack on California’s lemon law fees is an attack on consumers
By Joseph A. Kaufman
A recent guest column by Colorado attorney Lee Mickus purports to offer a broad critique of California’s lemon law by lamentin...
As President Barack Obama once observed, economic justice — making sure that every American has the opportunity to succeed — i...
Law Practice, Civil Litigation
Is the defense bar being out-lawyered?
By Robert F. Tyson Jr.
Nuclear verdicts — often those in which damages exceed $10 million — are increasingly commonplace in this country, presenting ...
Labor/Employment, Civil Litigation
A review of disability discrimination claims in 2019
By Jeffrey D. Polsky
In 2019, disability discrimination claims were among the most frequently filed employment discrimination claims in California ...
Labor/Employment
Key 2020 California employment law compliance challenges
By Ann Marie Zaletel
California has long been a national trend-setter in employment law. While some federal agencies of late have generally been mo...
Law Practice, Ethics/Professional Responsibility
Tips for taking confidential information across the border
By Shari L. Klevens, Alanna G. Clair
In recent years, the number of electronic device searches at the border has skyrocketed as part of an increased focus on borde...
U.S. Supreme Court, Labor/Employment, Civil Litigation
Victory for plan beneficiaries in US Supreme Court ruling
By Robert J. McKennon
The Supreme Court’s decision in a case last week will have wide-reaching implications. Now, plan administrators can no longer ...
In basic terms, Section 280E denies a marijuana business the ability to deduct its business expenses in computing its federal ...
Tax returns have to be filed under penalties of perjury. You might not think about it each year when you get to the bottom of ...
Alternative Dispute Resolution
20 tips for having a more successful mediation experience
By Jeffrey Kravitz
When it comes to mediation, there is one lesson from our youth to keep in mind: different strokes for different folks.
Intellectual Property, Civil Litigation
Ruling affirms the moral rights artists have in their works
By Victoria Burke
Why is the 5Pointz decision so important to artists and building owners alike? The case sets boundaries on what building owner...
Peace officer records and the Public Records Act
By Christine Wood
Law enforcement agencies throughout the state of California have been grappling with new laws that increase transparency and a...
Law Practice, Criminal
A guide to effectively using body-camera evidence at trial
By Eugene Ramirez
Even with the latest technology available, the actions and tactics of law enforcement are criticized by the media and the publ...
Insurance, Construction, Civil Litigation
When insurers stand in the shoes of insureds for all purposes
By Garret D. Murai
It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third p...
U.S. Supreme Court, Constitutional Law
Brand X deference advances ‘administrative absolutism’
By Mark Chenoweth
When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...
Government, Environmental & Energy, Administrative/Regulatory
For every complex question, there is an easy answer – and it is wrong
By Gerald George
Policy announcements are frequently no more than applause lines. The Trump administration is particularly prone to policy anno...
Government, Administrative/Regulatory
DFPI would put the state in the vanguard of consumer protection
By Ted Mermin
California is marking National Consumer Protection Week this year with the prospect of a major overhaul of the Department of B...
Probate, Civil Litigation, California Supreme Court, California Courts of Appeal
High court likely to confirm a trust’s right to be partner in partnership
By Shawn Kerendian, Joshua Taylor
The California Supreme Court recently granted a petition for review of a case that primarily addresses whether a trust can be ...
U.S. Supreme Court, International Law, Immigration, Civil Litigation
Cross-border shooting ruling locks victims out of court
By William Slomanson
In a ruling last week, the Supreme Court said it considered Congress to be in the best position to evaluate federal official l...
With his passing, the legal world has lost a practical scholar of enormous range and experience.
Law Practice, Judges and Judiciary
Algorithms and the persuadable judge
By Curtis E.A. Karnow
Algorithms might persuade, but only humans can be persuaded.
California Supreme Court
State Supreme Court ‘clarifies’ expert witnesses and hearsay
By Don Willenburg
Last week, the California Supreme Court decided two cases about the effect of its watershed decision People v. Sanche, governi...
Exceptionally Appealing: A monthly column devoted to exploring exceptions to general appellate rules.
U.S. Supreme Court, Family
US high court got in right in international child abduction case
By Maya Shulman
Last week the U.S. Supreme Court handed down a much-anticipated ruling involving the Hague Convention on the Civil Aspects of ...
Letters, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals
Column on overturned conviction is wrong on the facts and the law
By Sanford Jay Rosen
Kent Scheidegger's Feb. 11 Daily Journal column, "The 9th Circuit ducks its judicial obligations in ruling" en banc in Ellis v...
Government, Education Law
With AB 376 California can help respond to the student debt crisis
By Dalié Jiménez, Jonathan D. Glater
Today, nearly one in four Californians each carry an average student debt obligation exceeding $35,000. That adds up to more t...