Law Practice, Law Office Management
Set your law firm resolutions for 2020
By Daniel O'Rielly, Dena Roche
It’s December, and what possibly could be more important to your law firm than setting new resolutions for 2020? Yes, you’re t...
Law Practice, Civil Litigation, Appellate Practice
How to count to 30
By Gerald G. Knapton
When an appellate justice writes a concurrence just to point out a trap for unwary practitioners, it merits some consideration...
Law Practice, Ethics/Professional Responsibility
Cannabis and legal ethics: More guidance emerges
By Allison B. Margolin, James Raza Lawrence
Multiple sources have helped establish the principle that lawyers may ethically represent clients operating in the cannabis in...
Law Practice, Ethics/Professional Responsibility
Potential liability for case valuations
By Shari L. Klevens, Alanna G. Clair
Attorneys are often asked by their clients, “What do you think is going to happen?” or “What is this case worth?” Through expe...
Entertainment & Sports
‘Queen and Slim’: Not the same as ‘Bonnie and Clyde’
By Frank H. Wu
The movie is provocative because they are believable. You cannot leave the theatre without wanting to discuss what has transpi...
Intellectual Property, Entertainment & Sports, Civil Rights
Takedown notices and developments in fair use
By Neville L. Johnson, Douglas L. Johnson
Individuals, creators and businesses have a right and a duty to protect themselves and their assets from infringing online act...
Law Practice, Ethics/Professional Responsibility
Amendments to SOL for actions against attorneys coming in January
By Kenneth C. Feldman
The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.
Labor/Employment
Revisiting ‘kangaroo court’ workplace due process
By William M. Crosby
Until courts and legislators recognize that anything short of a jury trial cannot constitute meaningful due process, incentive...
Tax, Labor/Employment, Government
State developments impacting the nonprofit sector
By Erin Bradrick
As we near the end of 2019, we continue to see states stepping up to take action with respect to regulating the nonprofit sect...
U.S. Supreme Court, Government, Constitutional Law
Rucho not the last word on partisan gerrymanders
By James J. Matson
Last month’s election in Virginia marked another important victory against excessively partisan gerrymanders in America.
Civil Litigation, Construction
Class actions under California’s Right to Repair Act
By Garret D. Murai
It’s the holiday season. A time when family and friends, and even neighbors, gather together.
Environmental & Energy
Cap and trade is not the answer to saving the rainforests
By Gerald George
Far from decreasing, carbon emissions are increasing, even in highly developed economies that fancy themselves leaders in the ...
Judges and Judiciary, California Supreme Court, Appellate Practice
Justice Mariano-Florentino Cuéllar by the numbers
By Kirk C. Jenkins
Today we turn our attention to our fifth subject in our series of data-driven profiles of the justices of the California Supre...
Insurance, Health Care & Hospital Law
Paying for patients: How some providers are distorting health coverage
By Gregory N. Pimstone
If you have a PPO plan, you can see out-of-network providers, but it’s going to cost you more. Non-contracted providers have n...
Entertainment & Sports, Antitrust & Trade Reg.
Thanks for the memories, Paramount Consent Decrees
By Jeff Cohen
Recently, Assistant Attorney General Makan Delrahim announced a new policy for the Justice Department’s Antitrust Division: a ...
Intellectual Property, Entertainment & Sports
To have copied or not to have copied: That is the question for a jury
By Tre Lovell
Two high-profile cases have highlighted certain aspects of music copyright infringement litigation which have become quite con...
U.S. Supreme Court, Intellectual Property
PTO has booked a trip to the Supreme Court
By Sarah S. Brooks, Adam W. Kwon
The U.S. Supreme Court granted certiorari on a petition filed by the U.S. Patent and Trademark Office to review whether BOOKIN...
Labor/Employment
Uber's and Lyft's AB 5 Hail Mary: Optics aren't everything
By Ronald L. Zambrano
A rosy write-up doesn’t change the fact that drivers, under the alternative law, wouldn’t be paid for waiting time — as they w...
Government, Admiralty/Maritime
AI and the CCPA: Are they friends or foes?
By Nick Transier
Though artificial intelligence is hardly new, it has gone mainstream recently as businesses increasingly exploit their massive...
Labor/Employment, Health Care & Hospital Law
When does a hearing officer in a physician peer review hearing have a disqualifying financial bias?
By Barry S. Landsberg, Joanna S. McCallum
For 15 years, Yaqub -- which defined a nebulous and incorrect standard -- had stood as the sole published decision to squarely...
Health Care & Hospital Law, Alternative Dispute Resolution
Non-monetary class action settlements: 7 things you should consider
By Elliot K. Gordon
A key objective of some class actions is not only to obtain monetary relief for class members, but to secure changes to the wa...
How exact should I be?
By Frank H. Wu
On the one hand, I always want to teach students what is right, according to the black letter doctrine, while showing them amb...
Insurance, California Supreme Court
Ruling preserves life insurers’ ability to offer loans
By Tom Evans
The California Supreme Court held that life insurance policy loans are not subject to a provision contained in a 1918 initiati...
We’ve made another circuit around the sun and now’s the time of year for gift-giving. Our tradition at Exceptionally Appealing...
Insurance
Insureds still seek coverage for breaches under traditional policies
By Peter S. Selvin
While cyber insurance is specifically designed to address these kind of losses, insureds covered under traditional insurance p...
This, my December column occurs in the month when many readers may be vacationing, a perfect time to let it all “hang out” and...
A few months back, Judge Curtis Karnow opined that law school professors are “disconnected” from the real world of law practic...
U.S. Supreme Court, Constitutional Law
Gun control at the US Supreme Court
By Glenn C. Smith
Although the New York challenge could yield a landmark decision, it could also leave big questions under-resolved. The court c...
Ethics/Professional Responsibility
A non-uniform approach to obtaining informed written consent
By David M. Majchrzak, Heather L. Rosing
Professional listservs for attorneys often provide a fertile ground for seeds of hypertension for risk managers and legal ethi...
State Bar & Bar Associations, Ethics/Professional Responsibility
Making the State Bar complaint system ADA accessible
By Thomas F. Coleman