Civil Litigation
Preserving the jury’s role in cases of third-party negligence
By Emanuel B. Townsend
When defendants argue that a special relationship is always required to create liability in cases of third-party negligence or...
U.S. Supreme Court, Government
US Supreme Court appears eager to approve Trump policies
By Erwin Chemerinsky
Twice in the last two months, the court took the unusual step of staying district court orders that enjoined Trump policies t...
Civil Litigation, Intellectual Property
Patagonia survives dismissal in trademark suit based on claims of fame
By Heather A. Antoine, Karine Akopchikyan
As with so many other intellectual property matters, whether a mark is famous will depend on a case by case analysis. For now,...
Administrative/Regulatory
California’s privacy laws are getting tougher, but not Chicago tough… yet
By Monica Baumann
The type of biometric privacy lawsuit filed last month against a Hilton Hotel in Chicago (Case 2019CH09270) is a harbinger of ...
Law Practice
Why is this generation struggling financially to stay afloat, get ahead, and live a life better than their parents?
Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals
A warrant to steal?
By Donald M. Falk
Some things are obvious to anyone but a court. Under the Fourth Amendment, all that a warrant permits is a reasonable search a...
Letters, Judges and Judiciary
Retired in 2004, and still ‘signing’ bogus orders
By Wayne L. Peterson
I read with interest the Sept. 11 article, “Professor uncovers nationwide scams involving fake court orders,” regarding bogus ...
U.S. Supreme Court, Immigration, Government, 9th U.S. Circuit Court of Appeals
The twilight of nationwide injunctions?
By David I. Levine
In Trump v. Hawaii, the 2018 travel ban case, Justice Thomas called nationwide injunctions “legally and historically dubious.”...
Civil Litigation, Labor/Employment, California Supreme Court
PAGA plaintiffs win a battle, but lose the war
By Steven B. Katz
Last week, the California Supreme Court settled a question that has been hotly debated over the past few years: Can employees ...
Labor/Employment
Businesses: prepare for AB 5 to rewrite worker classification law
By James C. Fessenden
Last week, the California Legislature approved a controversial new law that will reshape the way businesses evaluate their rel...
Environmental & Energy
New strategies for addressing major change in water law
By Christina Babbitt
With climate change at our doorstep, our state leaders know we don’t have time to wait until the next drought to create a more...
U.S. Supreme Court, Immigration, 9th U.S. Circuit Court of Appeals
Order is one step closer to eviscerating our asylum system
By Blaine M. Bookey
Over the last two years, the Trump administration has sought to rewrite longstanding laws and close our doors to asylum seeker...
Environmental & Energy, Administrative/Regulatory
Streamlining Napa’s winery permitting process
By Katherine A. Philippakis
Napa Valley’s wineries are among the most heavily regulated businesses in the world. In addition to the myriad state and feder...
Labor/Employment, Government
DOL may update overtime rate regulations for first time in 50 years
By Peter Brown, Lisa Charbonneau
Since its passage in 1938, courts have struggled to interpret the meaning of “the regular rate” and the correct measure of ove...
Family
Responding to discovery requests for documents in family law cases
By Sarah A. Thompson
So you just were served with a demand for production of documents. How do you respond?
Labor/Employment, Government, Alternative Dispute Resolution
Newsom should veto latest anti-arbitration legislation
By Ryan D. Derry
If signed into law, AB 51 will make it a misdemeanor for “a person” to require any applicant or employee to, “as a condition o...
Letters, Judges and Judiciary, Family
Domestic violence doesn’t just occur between husbands and wives
By Tara M. Flanagan
Sadly, LGBTQ partners and spouses “fall victim to domestic violence at equal or even higher rates compared to their heterosexu...
Civil Litigation
Can courts confirm awards by religious courts that conflict with secular law?
By Joshua J. Borger
The issue of this article is whether rulings of the batte din applying Jewish law can be confirmed without violating modern la...
Predictably, most of the movement seems to be directed to tax-free states like Texas, Florida, Washington or Nevada. But Puert...
Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice
On ‘published’ opinions
By Myron Moskovitz
The dictionary provides two generally accepted meanings to the word “publish.” It means “put into a book.” And it means “made ...
Government, Constitutional Law
Freedom of the press and the White House press corps
By John H. Minan
After a recent ruling, presumably, it’s back to the drawing board at the White House to devise clearer standards that meet pro...
Administrative/Regulatory
New statewide commercial cannabis regulations create opportunities for savvy investors
By Matthew A. Portnoff, Jordan Ferguson
The California regulatory regime remains complicated, but there are several trends that broadly apply, and for which savvy mar...
Tax, Government
Donor disclosure updates and new mandatory e-filing requirements
By Erin Bradrick
A monthly review of important developments affecting nonprofits.
Government, Education Law
The California Consumer Privacy Act and the education industry
By Michelle H. Donovan, Brandi A. Taylor
There are some unique challenges for companies in the education space, particularly as they work to operationalize compliance ...
Transportation, Government
Recent federal policy developments concerning autonomous vehicles
By Susan Lent, Diana E. Schaffner
This article provides an overview of recent developments in Washington, D.C. that may influence federal AV policy. These devel...
U.S. Supreme Court, Civil Litigation, California Supreme Court
Arbitration Wars: A report from the front
By Anthony J. Oncidi
For better or worse, California obstinately continues to go its own way on the issue of workplace arbitration. Two recent dev...
Criminal, Constitutional Law
Ruling preserves Pitchess statute constitutionality-- for now
By Naeun Rim
Using a common sense approach to the meaning of “confidentiality,” the California Supreme Court concluded that while Brady lis...
Legal Education, Law Practice
Feedback on legal externs’ written work
By Sophia D. Hamilton, Allison L. Wang
This is the fourth article in our series on externships. Previous articles covered the basics of law school externships (“Exte...
State Bar & Bar Associations, Ethics/Professional Responsibility
Bar endorses attorneys consulting with firm in-house counsel
By Shawn Shaffie
Based upon a long line of California cases, a new ethics opinion acknowledges the potential dual benefits to both clients and ...
U.S. Supreme Court, Constitutional Law
All this over a two-bit gun case
By Charles S. Doskow
The 5-to-4 Republican majority on the U.S. Supreme Court has existed for some time now, and has been accepted as a political f...