Tax fear? Careful if you get an IRS summons
By Robert W. Wood
Getting mail from the IRS — even a simple notice — can make your blood pressure rise. But what if you get something more threa...
Tax, Real Estate/Development
Treatment of lease termination costs for opportunity zones
By Phil Jelsma
How can opportunity zone investors grapple with the growing likelihood of lease termination costs?
Labor/Employment, Government
The legal norms are a-changin’ in the post #MeToo era
By Nancy E. Yaffe
What used to be OK, tolerated, and even justified as (i.e., “that’s just the way he is”) is simply not OK in workplaces in the...
Civil Litigation, California Courts of Appeal
A bad case for lawyers
By Timothy D. Reuben
In an anti-SLAPP case, the court inadvertently highlighted one of the linguistic challenges in anti-SLAPP jurisprudence — what...
U.S. Supreme Court, Judges and Judiciary, Books
Bridging two centuries of developing American law
By Michael L. Stern
A fresh, new biography of U.S. Supreme Court Justice Oliver Wendell Holmes, Jr. (1841-1935) gives good reason to visit the lif...
Government, Criminal, California Supreme Court
Union loss on Brady lists may be a greater gain
By Daniel S. Roberts
Recent controversial police shootings have led to heightened public scrutiny of the police in the media, the legislative floor...
Labor/Employment
PAGA: The battle for employers continues
By Todd B. Scherwin, Hannah Sweiss
The Private Attorneys General Act was originally enacted to allow private citizens to “help” the state of California enforce t...
Labor/Employment, Government
#MeToo-inspired legislation bans settlements that punish victims
By Toni Jaramilla
Recently, Gov. Newsom and former Gov. Jerry Brown signed into law legislation that has significantly improved workplace protec...
International Law, Government, Criminal
U.S. signs first bilateral data-sharing agreement under the CLOUD Act
By Jonathan Cedarbaum, Ari Holtzblatt
The U.S. Department of Justice recently announced that the United States and the United Kingdom have entered into the first of...
Government, Constitutional Law
California’s new deep fake laws and the First Amendment
By Erwin Chemerinsky
The state Legislature and Gov. Gavin Newsom are to be commended for enacting two new laws designed to deal with the problem of...
Administrative/Regulatory
After district court ruling, what’s next for net neutrality?
By Anita Taff-Rice
Be careful what you ask for because you may get it. This old adage had particular meaning for the Federal Communications Commi...
U.S. Supreme Court, Labor/Employment
ERISA is a hot topic on the Supreme Court’s docket
By Bryan Kurtz, Tad A. Devlin
There are three ERISA cases teed up on the U.S. Supreme Court’s upcoming docket for the 2019 term. In what will prove to be a ...
A few months ago, I had the privilege of attending a symposium (sounds too intimidating) — how about a discussion between two ...
Democratic Presidential Candidate Sen. Elizabeth Warren has proposed an annual 2% tax on those with a net worth over $50 milli...
Government, Ethics/Professional Responsibility
Legal ethics: Duty to preserve rule of law
By A. Marco Turk
According to White House lawyers who have sworn to uphold and defend our Constitution, the document created by our founding fa...
U.S. Supreme Court, Criminal, Constitutional Law
Correcting capital errors would burnish the court’s image
By John R. Mills
My radical proposal is this: Where a state court misapplies — or even cites and then ignores — Supreme Court precedent, the Su...
Civil Litigation, Labor/Employment
The battle for the future of arbitration
By Stephen A. Rossi
The Freedom to Contract Camp vs. the Concerned Camp
Labor/Employment, Government
Despite snag in employee pay data reporting, pay transparency marches on
By Susan E. Groff, Christopher T. Patrick
California lawmakers have made pay equity a top priority and passed many related laws.
U.S. Supreme Court, Intellectual Property
Supreme Court hears whether Patent Office can collect employees’ salaries in defending district court actions
By Charles R. Macedo, Christopher Lisiewski
The latest term of the Supreme Court began with the high court answering the peculiar question of whether the Government can r...
Civil Litigation, Labor/Employment
Retroactivity of Dynamex and AB 5
By Cory L. Webster, Allison M. Scott
Despite a recent Court of Appeal ruling, uncertainty persists regarding Dynamex retroactivity
Letters, Insurance, Civil Rights
Insurer wasn't set up by claimants or lawyers
By Arash Homampour
As the plaintiff attorney in Madrigal v. Allstate Indemnity Co. (not the one who drafted the policy limits demand to Allstate)...
U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court
NLRA may preempt AB 5 under the Garmon doctrine
By Mark S. Ross, Keahn N. Morris
While AB 5 may answer classification issues arising under state law, the new law’s possible application in National Labor Rela...
The point I try to impress upon students is it takes preparation. Even after 25 years in the classroom, I still need to review...
U.S. Supreme Court, Constitutional Law
What if electors don’t vote according to the popular vote?
By John H. Minan
States as a matter of state law may “require” electors to cast their vote according to the popular vote in the state. But what...
International Law, Administrative/Regulatory
Gearing up for the EU’s next regulatory push
By H. Mark Lyon
What should companies expect to see from the European Commission in terms of comprehensive artificial intelligence regulations?
Letters, Criminal
Clarifying bill to extend childhood sexual abuse statute of limitations
By Anthony De Marco
I thought it important to point out a few things in a recent article that are misleading in the description of what the bill d...
Law Practice, Ethics/Professional Responsibility
Getting the entire client: The good, the bad and the ugly
By Louie H. Castoria
When it comes to getting a new client’s complete file, you can’t always get what you want, but, in the words of the Rolling St...
U.S. Supreme Court, Environmental & Energy
The most significant Clean Water Act case in over a decade
By Adam Link, Andre Monette
On Nov. 6, the U.S. Supreme Court will hear oral argument in a case that will decide the future application of the federal Cle...
Law Practice, Ethics/Professional Responsibility, State Bar & Bar Associations
Rule 5.4 changes -- big changes -- may be coming
By Daniel O'Rielly, Dena Roche
Proposed changes to Rule 5.4 could open the door to nonlawyer investment in, and ownership of law firms, non-law firms providi...
Onset of vaping-related deaths implicates product liability law
By Lexi W. Myer
As the scientific probe into these injuries continue, the legal ramifications surrounding the sale and manufacture of vaping p...