Civil Litigation
Summary judgment after Sweetwater: Motions denied?
By Gary A. Watt, Rosanna W. Gan
Despite resolving what it described as narrow anti-SLAPP questions, the opinion has implications for summary judgment. In Swee...
Judges and Judiciary, Ethics/Professional Responsibility, Constitutional Law
Does the First Amendment permit excoriating remarks about judges?
By A. Marco Turk
In view of the increasingly fractured political climate providing more opportunities for expressions of displeasure with the j...
Legal Education, Law Practice
Solving the inclusion conundrum: Reflections on equity, inclusion and making change in the legal profession
By Noor-ul-ain S. Hasan
Legal profession surveys consistently show a persistent, systemic inclusivity problem: at 70% male and 88% white it is one of ...
The IRS taxes all income, whether in cash or in kind. Lottery winnings? Taxed. Gambling winnings? Taxed. Crypto? Yes, it’s tax...
Government, Constitutional Law
Equal Rights Amendment is still in play, if Congress wants it to be
By David A. Carrillo, Stephen M. Duvernay
On Wednesday, Virginia became the 38th state to ratify the amendment, pushing it over the three-quarters of states constitutio...
It is almost impossible to obtain a large jury verdict in an employment case outside the United States, and there are few plac...
U.S. Supreme Court, Bankruptcy
Supreme Court says ordinary understanding of ‘final decision’ isn’t dispositive in bankruptcy appeals
By David S. Kupetz
In an opinion issued on Tuesday, the Supreme Court addressed “the finality of, and therefore the time allowed for appeal from...
Government, Administrative/Regulatory
The right way to regulate artificial intelligence: The decision-based approach
By Bradford K. Newman
The regulatory focus must not be on hypothetical conundrums such as hyper-technical and uber-esoteric debates over the “proper...
The First Step Act was a very promising piece of legislation for criminal justice reform when it was signed into law by Presid...
Legal Education, State Bar & Bar Associations
Transparency needed in California bar exam results
By Mitchel L. Winick
Several recent articles in the Daily Journal have reported serious problems with the State Bar of California’s statistical rep...
Constitutional Law, California Supreme Court
The last decade in the United States Supreme Court
By Erwin Chemerinsky
Everyone seems to be making lists about what occurred in the last decade, so what about the Supreme Court over the last 10 yea...
Civil Litigation, Labor/Employment
California's 'request arbitration, go to jail' law remains on hold
By Anthony J. Oncidi
Late last year, the California Legislature enacted and Gov. Gavin Newsom signed into law an anti-arbitration statute that masq...
Ever the opportunist, candidate George Gascón is continuing his disinformation campaign with the hope of winning over progress...
Law Practice
Attorney triggers appellate court to clarify Section 128.5 sanctions
By Jeffrey P. Blum
As litigators we are aware of the vagaries and unforeseeable pitfalls involved in taking a case to court. Knowing the unpredic...
As a teacher, I am asked by students at the beginning of the semester whether I recommend that they memorize the rules.
Securities, Government, Corporate
What does the SEC have in store for 2020?
By Nicolas Morgan, Thomas A. Zaccaro
A number of factors — such as market trends, SEC initiatives, rule changes, and significant court cases — can push the SEC’s E...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
The 9th Circuit’s non-functional approach to the ministerial exception
By Josh McDaniel, Jacob M. McIntosh
The Supreme Court should reject the 9th Circuit’s approach and ensure that religious liberty is equally available to all faiths.
Tax, Government
Legal developments from 2019 affecting the nonprofit sector
By Erin Bradrick
What a year! As we close out 2019 and usher in 2020, here’s an overview of some of the key occurrences and legal developments ...
For privacy lawyers old enough to remember, December 2019 felt oddly reminiscent of December 1999. There was a lingering sense...
Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
Public sector unions not liable for repayment of agency fees
By Kevin J. Chicas, Adrianna Guzman
The 9th Circuit recently affirmed the dismissal of a lawsuit that public employees filed against the exclusive representative ...
Civil Litigation
Fraud claims against Diet Dr. Pepper dismissed under reasonable consumer test
By Pooja S. Nair
The 9th Circuit recently affirmed the dismissal of consumer fraud claims alleging that the use of the word “diet” in Diet Dr. ...
Corporate, Bankruptcy
Bankruptcy court rejects material adverse effect claim
By David S. Kupetz
A recent case demonstrates that a buyer faces a heavy burden and must make a strong showing to invoke a material adverse effec...
Civil Litigation, Labor/Employment
Year-end NLRB cases for the general California employment attorney
By Harry I. Johnson III
As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...
Banking, Administrative/Regulatory
The legal landscape of banking marijuana businesses (Part II)
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 dispens...
Law Practice, Ethics/Professional Responsibility
Lawyers as defendants in 2019
By Kenneth C. Feldman, Alex A. Graft
In 2019, the Court of Appeal (but not Supreme Court) predictably addressed many of the same general issues which come before i...
Law Practice, Ethics/Professional Responsibility
Litigation finance in today’s legal industry
By Shari L. Klevens, Alanna G. Clair
While the use of litigation finance is now well-established in the legal industry, it still garners significant attention amon...
Ethics/Professional Responsibility
Legal ethics: No limit to lawyers’ professional responsibility
By A. Marco Turk
As we transition from 2019 to 2020, we need to consider issues such as what obligation does a lawyer have when a judge or publ...
Ethics/Professional Responsibility
Teaching professional responsibility isn’t easy
By Frank H. Wu
Teaching the required course in professional responsibility, an anodyne title for legal ethics, I always face the same issue a...
U.S. Supreme Court, Environmental & Energy
Drowning in confusion: What are ‘waters of the United States’?
By Marc R. Bruner
It sounds so simple. The Clean Water Act applies to “waters of the United States.” But a clear and consistent definition of th...
U.S. Supreme Court, Constitutional Law
Property rights at US high court in 2019
By Larry Salzman
One leap forward and two missed steps