Civil Litigation
AB 1510 and other legislation: Game changers for sexual assault victims
By Mike Arias
Governor Gavin Newsom recently signed into law Assembly Bill 1510, which is aimed at giving sexual assault survivors of Dr. Ge...
Real Estate/Development
AB 1763: Legislature allows affordable housing to be built denser and taller
By Jon Goetz
Assembly Bill 1763 permits 100% affordable housing projects to be built denser and taller through its adoption of three game-c...
Civil Litigation
AB 218: Sexual abuse victims get more time to seek justice
By John Winer
Assembly Bill 218 gives victims of childhood sexual assault, once barred by the statute of limitations, a three-year window to...
Labor/Employment, Government
AB 25: Exempts employment-related information from CCPA until January 1, 2021
By Karen L. Corman, Eileen Sherman
On Oct. 11, 2019, Gov. Gavin Newsom signed Assembly Bill 25, exempting employee and job applicant personal information collect...
The law isn’t doing the job. The #MeToo Movement hasn’t made a difference. What about the movies?
Education Law, California Supreme Court
Supreme Court ruling may reduce local control over education
By Sloan R. Simmons, Nick Clair
The California Supreme Court’s opinion in California School Boards Association v. State of California presents the specter of ...
Drones create novel issues of liability and privacy
By Paul Fraidenburgh
Integrating drones into U.S. skies — and specifically into U.S. industries – is not a new goal. It has been a top priority fo...
Civil Litigation, Labor/Employment, Government
The California Rule and public retirement system governance
By Ashley K. Dunning, Peter H. Mixon
By all indications, 2020 will be the year in which the California Supreme Court speaks again on the scope of the “California R...
Ethics/Professional Responsibility, Civil Litigation, Appellate Practice
Striking the wrong tone
By Benjamin G. Shatz
Losing hurts. And when we’re hurt, we want to lash out. But lawyers know — or should know — that lashing out is not profession...
Entertainment & Sports, Contracts
Kit deal battle: Liverpool, New Balance and Nike
By Victoria Burke
Once upon a time, there was a love triangle between the Liverpool Football Club, New Balance and Nike.
Someone will have to pay for wildfire risks, whether it’s the individual policyholder, the insurance industry or the taxpayers...
Labor/Employment, Corporate
Hot topic in startup law: employment misclassification
By Roger Royse
In some part, the investment and M&A markets factor in risks of employment law noncompliance into their valuation decision...
New Year’s opening: no resolutions. At my age, it’s too late. And no clichés about it never being too late.
The more things change, the more they stay the same.
Talking to strangers is risky. You never know what might bother them. Apparently, some lawyers missed the lesson.
Civil Litigation, Construction
Contractor receives not one, but two lumps of coal
By Garret D. Murai
Happy new year! Hopefully, you got everything you wanted for Christmas and didn’t get a lump of coal. For one contractor, aptl...
Civil Litigation, Labor/Employment
AB 5 challenge cites arbitrary exemptions
By Jennifer M. Protas
On Dec. 30, Uber, Postmates and two independent workers who use app-based platforms for referrals filed suit in U.S. district ...
Ethics/Professional Responsibility
Behavioral legal ethics: Science, law and ethical decision-making
By A. Marco Turk
“Behavioral Legal Ethics” is a relatively new area of the law that deals with how automatic and mostly unconscious processes p...
Intellectual Property
Federal Circuit ruling short circuits divided patent infringement
By Howard Hoffenberg
The U.S. Court of Appeals for the Federal Circuit has upended divided patent infringement.
Civil Litigation
Appellate courts split on indemnity claims and anti-SLAPP
By Benjamin W. Clements
Three appellate courts recently reached different conclusions regarding whether a claim for contractual indemnity “arises from...
Civil Litigation, Labor/Employment
Punitive protection for whistleblowers
By Marshall Lurtz
Employment lawyers are familiar with the full spectrum of remedies available to employees under the Fair Employment and Housin...
Government, Constitutional Law
DC Circuit to hear case that could impact impeachment
By John H. Minan
On Jan. 3, the Court of Appeals for the DC Circuit is scheduled to hear oral argument in a case that could impact the impeachm...
Tax, Corporate
Startup choice of entity after the Tax Cuts and Jobs Act
By Roger Royse
Choice of entity has always been a difficult decision, but two years later we are seeing that the Tax Cuts and Jobs Act of 201...
Education Law, Administrative/Regulatory
For-profit colleges face yet another day of reckoning
By Brian S. Kabateck, Nidya Gutierrez
The Federal Trade Commission announced a record-setting $191 million settlement with the University of Phoenix and its parent ...
Real Estate/Development, Government
Is California’s Housing Crisis Act of 2019 the answer or state overreach?
By Susan K. Hori, Jennifer J. Lynch
Senate Bill is a lengthy and complicated piece of housing legislation that will significantly affect land development in Calif...
What I learned from Proposition 187 25 years ago
By Frank H. Wu
As a law professor, I am supposed to teach students how to argue — in a classical education, the subject would be “rhetoric.” ...
Labor/Employment
What confidential documents may a whistleblower take?
By Joshua J. Borger
Whistleblowers often face the same Catch-22 as recent college graduates. You can’t get a job without experience, and you can’t...
Tax, Government, Banking, Administrative/Regulatory
The legal landscape of banking marijuana businesses
By Fredrick S. Levin, Daniel P. Stipano
Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispensa...
Civil Litigation, 9th U.S. Circuit Court of Appeals
The top 5 9th Circuit civil cases of 2019
By James Azadian
With the new year quickly approaching, now is a good time to reflect on the 9th U.S. Circuit Court of Appeals’ significant cas...
U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility
Judicial ethics: HR 1, the For the People Act of 2019
By A. Marco Turk
It is an historical anomaly that Supreme Court justices are the only judicial category not currently covered by a code of cond...