Judges and Judiciary, Alternative Dispute Resolution
Life after life tenure
By Vaughn R. Walker
Where federal judges go after the bench.
Let’s face it, for better or worse, usually worse — lawyers like to be in control. In a lawyer’s perfect world, the testimony ...
Ethics/Professional Responsibility, California Courts of Appeal
Candor to the tribunal is now mandatory in California
By Gerald G. Knapton
A new day has dawned with the California Supreme Court’s approval of new Rule 3.3, Candor Toward the Tribunal, last November. ...
Attorneys should exercise caution when using social media
By Shari L. Klevens, Alanna G. Clair
Many attorneys still treat social media as a personal outlet that is distinct from their professional identity. Attorneys may ...
Government, Environmental & Energy
As California burns, inverse condemnation and cost recovery issues dominate California’s electric utilities’ legal framework
By Bradford B. Kuhn, Willis Hon
One of the main reasons inverse condemnation has received so much attention is because the majority of California’s electrical...
U.S. Supreme Court, Environmental & Energy
Will climate change nuisance cases be tried in state court?
By Darrin D. Gambelin, Monica Browner
A suit brought in Maryland state court last year against a group of 26 fossil fuel companies, is one of a series of similar ca...
Real Estate/Development, Government
Does cannabis activity provide ‘just cause’ for lease termination under California’s new Tenant Protection Act?
By Julie Hamill
While the rent cap applies retroactively to increases on or after March 15, 2019, the just cause requirements are not retroact...
Tax, Environmental & Energy
Tax worries over PG&E power shutoff lawsuits? You bet.
By Robert W. Wood
The power shutoffs, and whether those might be actionable, makes me think about taxes. Despite the protection of the bankrupt...
The late Honorable S.I. Hayakawa is among the curious characters of California’s recent past. Born in Canada to parents from J...
Real Estate/Development, Government
Best way to end homelessness? Prevent it from happening in the first place.
By Adam Murray
Because 150 people became homeless every day, homelessness rose by 12% last year. We will never end homelessness if we only he...
A Huntington Beach man’s latest attempt to change California’s alimony laws has brought the topic back into the headlines. Ste...
Mergers & Acquisitions, Corporate
The essential role for seller’s counsel in M&A negotiations
By Timothy R. Bowers, Andrew P. Dixon
While the expense associated with sophisticated M&A counsel may seem excessive, especially to first-time sellers, the real...
Civil Litigation, Government, Environmental & Energy
California’s cap and trade agreement with Quebec: Treaty with a foreign government?
By Joshua A. Bloom
The Trump administration, through the Department of Justice, has sued California, alleging that the state’s Quebec agreement i...
U.S. Supreme Court, Civil Litigation, Environmental & Energy
US Supreme Court set to determine the scope of the Clean Water Act
By Amanda D. Barrow
The justices will hear oral argument Wednesday in a closely-watched case could carve a gaping loophole in the Clean Water Act’...
Civil Litigation, Alternative Dispute Resolution
Forced arbitration: where Rights go to die
By Jahan C. Sagafi, Michelle Erickson
Ballooning corporate power and substantial erosion of the public sphere have caused a yawning chasm between rich and poor. One...
U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory
The worst deference doctrine few have heard of: Brand X
By Adi Dynar
It essentially empowers agencies to overrule federal-court decisions by unilaterally altering the meaning of statutes the cour...
U.S. Supreme Court, Civil Litigation, Intellectual Property
Will the U.S. Supreme Court curtail the USPTO’s fee grab?
By Bobby Ghajar, Marcus Peterson
Given the statutory language, the importance of the so-called “American Rule” to the issue of fee shifting, and the public pol...
Among the flurry of bills signed by Gov. Gavin Newsom in October were Assembly Bill 61 and Assembly Bill 1493, which expand th...
The issuance of an appellate opinion prompts jubilation for the winners and despair for losers. And why shouldn’t it? The appe...
Environmental & Energy, Corporate
Climate change lawsuit alleges violation of shareholder protection statute
By John H. Minan
The case is not about whether climate change is real or caused by human activity. Those issues are conceded by Exxon. Rather, ...
The California Supreme Court recently brought welcome clarity to the law of the kill zone theory. But even after the latest ru...
Law Practice, Appellate Practice
Home field advantage: Making the most of your reply
By Adam Hofmann
Just as in baseball, where the home team always gets to bat last, the appellant always gets the last (written) word in the for...
Elijah Cummings, Daniel Goodman and George Washington.
I was drawn to the facts, not the law. These episodes are becoming disturbingly common. And calling the participants “drunk” i...
Contempt for education threatens democratic institutions.
Law Practice, State Bar & Bar Associations
Lawyers and law students: Your LSAT score does not define you
By Frank H. Wu
I attended and graduated from elite institutions of higher education (Johns Hopkins University and Michigan Law). That does no...
International Law, Family
When absence does not make the heart grow fonder
By Scott M. Gordon
The Hague Convention on the civil aspects of international child abduction
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
How the high court may rule in Seila Law — and why
By Oliver J. Dunford
The Supreme Court should prevent further erosion of the lines drawn by the Constitution and strike down the CFPB's for-cause r...
Government, Constitutional Law
San Diego must shut down facial recognition program
By Dave Maass
Law enforcement agencies in San Diego County were early adopters of hand-held facial recognition technology. Now these SoCal c...
Environmental & Energy, Administrative/Regulatory
California can learn from Arizona’s experience with groundwater regulation
By Sean T. Hood
Arizona enacted significant groundwater management legislation in 1980, and lessons can be learned by comparing and contrastin...