U.S. Supreme Court, Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
Definitional theft as government policy? Not so fast
By Michael M. Berger
It should have come as no surprise when the 9th U.S. Circuit Court of Appeals looked askance on a definitional game played by ...
U.S. Supreme Court, Constitutional Law
An innocuous Supreme Court case could be a blockbuster
By Daniel Ortner
A bankruptcy proceeding isn’t ordinarily what you think of as a Supreme Court blockbuster. But when the bankruptcy proceeding ...
Legal publications abound with articles about the benefits of working as an in-house attorney. Being in-house, however, brings...
Labor/Employment, Government, California Supreme Court
AB 5: Time to get Uber it and move on
By Ronald L. Zambrano
The reports of Uber’s death, to paraphrase Mark Twain, are greatly exaggerated. When Governor Newsom signed AB 5 into law, he ...
Tax, Civil Litigation
Purdue settlements and others as tax deductions
By Robert W. Wood
In America, litigation and lawyers are costs of doing business. Businesses can and do deduct their legal costs. And in most ca...
Civil Litigation, California Supreme Court
Anti-SLAPP: The catchall that caught too much
By Jason D. Russell, Hillary A. Hamilton
In three recent decisions, the California Supreme Court appears to have launched a campaign to curb the broad application of C...
Government, Civil Rights
Housing is a human right: A right to counsel for tenants
By Skip Koenig
The Los Angeles City Council is on the verge of enacting our own Right to Counsel Program, providing legal counsel to tenants ...
Civil Litigation, California Supreme Court
Sanchez revisited: A better way to handle objections
By Timothy D. Reuben
The California Supreme Court wreaked havoc on the trial courts when it issued its decision in People v. Sanchez, 63 Cal. 4th 6...
U.S. Supreme Court, Constitutional Law, California Supreme Court, 9th U.S. Circuit Court of Appeals
The two imperatives of the First Amendment
By Mitchell Keiter
Do free speech principles prohibit political bias on media like YouTube and Twitter, or do these sites enjoy a property right ...
Labor/Employment, Government
A recap of new employer requirements as cleanup bill passes
By Gage C. Dungy
Following last year's Senate Bill 1343 and its expansion of harassment prevention training requirements for supervisory and no...
I am in the wrong line of work. But I am fine with that. Nowadays, we have to transition to the internet. I’m among the last o...
Judges and Judiciary, Ethics/Professional Responsibility, State Bar & Bar Associations
Bill would require implicit bias training for judges and lawyers
By Elana R. Levine
AB 242 recognizes that many judges and lawyers have implicit negative biases against minority groups including. It would autho...
Law Practice, Ethics/Professional Responsibility
Performing preventative maintenance on your practice
By David M. Majchrzak, Heather L. Rosing
In many, if not the overwhelming majority of cases, responding to a disciplinary complaint or a legal malpractice claim will o...
Modern western American fiction has many masters such as Wallace Stegner and Ivan Doig. But they all build on one iconic but n...
Real Estate/Development, Government, Administrative/Regulatory
A watershed moment for rent protections
By CJ Higley, Katy Tang
California is currently in the midst of a watershed moment. An acute awareness and a widespread recognition of a housing affor...
Civil Rights
Establishing comparative fault in a vehicle vs scooter claims
By Annette Mijanovic, Philip McDermott
Learn how to use negligence per se to establish comparative negligence in car versus motorized scooter cases.
Intellectual Property
Federal Circuit decides question of first impression on design patents
By Mark Kachner
In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently held that the figures contained in a...
Government, Administrative/Regulatory
State Legislature amends key privacy law to take effect in January
By Grant Davis-Denny, Nefi Acosta
On Sept. 13, the California Legislature passed six bills amending the CCPA. Although these amendments still require the govern...
Entertainment & Sports, Antitrust & Trade Reg.
Global soccer promoter looks to score with antitrust suit against FIFA affiliate
By David Scupp
Unfortunately for American sports fans, there will be no reciprocation any time soon from the world's most dominant internatio...
Constitutional Law, Books
Benefitting the strong and disadvantaging the weak
By Marc D. Alexander
Professor Mary Anne Franks, constitutional scholar, member of the American Law Institute, Rhodes Scholar, and author of “The C...
Civil Rights, California Supreme Court
California Supreme Court's moderate approach to arbitration continues
By Glenn A. Danas
The picture painted by defense counsel of recent Supreme Court's decisions in the area of mandatory arbitration is typically o...
Civil Litigation
Out of the frying pan: defendants leap into the fire with their relentless push toward individual arbitrations
By Bryan J. Schwartz
Since at least 2011, when the U.S. Supreme Court decided AT&T Mobility v. Concepcion, seeking to reinvent the 1925 Federal...
The legal standards come from the IRS, Department of Labor, state labor and unemployment laws, workers’ compensation, and more...
State Bar & Bar Associations, Law Practice
New training rules for California conservatorship attorneys
By Thomas F. Coleman
The California Judicial Council is scheduled to adopt new rules requiring conservatorship attorneys to receive education on a ...
Government
Like GDPR, dire predictions about CCPA are likely to be wrong
By Anita Taff-Rice
The first year of the European General Data Privacy Regulation has yielded compliance questions and legal challenges, but the ...
Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit ensuring federal courts remain open for class action defendants
By Susan Kay Leader, Jonathan P. Slowik
Recent 9th Circuit decisions demonstrate a renewed commitment to eliminating any vestiges of the court’s prior skepticism towa...
Government, Criminal
Private prisons bill unlikely to promote significant change
By Hadar Aviram
The novelty of AB 32 lies in that it forbids the state to contract with private entities not only for the incarceration of dom...
Government, Environmental & Energy
Revoking California’s waiver is contrary to existing law
By Melissa Malstrom, Davina Pujari
Civil Litigation, California Supreme Court
Arbitration unconscionability analysis is revitalized, especially as to unpaid wage claims
By Michael D. Marcus
The California Supreme Court's decision in OTO, LLC v. Kho does not change the standards for determining unconscionability in ...
Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit permits biometric privacy class action to proceed
By Kevin Jones, Michael T. Zeller
This article examines litigation, as well as legislation, concerning the use and collection of biometric data. It includes a f...