It is time to revisit and eliminate the confusing Penn Central factors, which have hamstrung substantive takings litigation, w...
The qualified immunity dilemma
By DeWitt Lacy
The continued expansion of the doctrine can only encourage law enforcement to shoot first and ask questions later, ultimately ...
Civil Litigation
Managing regret: Rule 502, the disclosure of privileged material and clawbacks
By Anthony Pacheco, Nate Wright
How do you manage the risk of producing privileged material to an adversary? Federal Rule of Evidence 502 is often used by civ...
Law Practice, State Bar & Bar Associations
Task force proposals could set back women lawyers in California
By Carolin K. Shining
Unfortunately, three sweeping new programs have been revealed by the State Bar’s Task Force on Access Through Innovation of Le...
Family, Alternative Dispute Resolution
Pyrrhic victories and the cost of family law litigation
By Scott M. Gordon
Like King Pyrrhus and the Romans, most family law litigants come to the dispute with limited resources. In many, if not most c...
Family, Appellate Practice
Appeals in family law before a final judgment is entered
By Claudia Ribet
Waiting for a final judgment in a family law matter means that litigants may be required to delay a long time before they can ...
These profiles are created by crime laboratories every day — used to bring a name to unidentified remains, or to exonerate tho...
Labor/Employment, Corporate, Civil Rights
Gender diversity initiatives will continue to bring women into boardrooms
By Caitlin Sanders
Although the ultimate fate of SB 826 is currently uncertain, we can be certain that today’s society will continue to prioritiz...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Is TCPA doomed?
By A. Paul Heeringa
A recent 9th Circuit opinion sets up a possible showdown in the Supreme Court that could (in theory) not only resolve the curr...
Law Practice, State Bar & Bar Associations
Legal innovation report: part promising, part unexceptionable
By Don Willenburg
It is both unfortunate and telling that the State Bar of California rolled out proposals involving technology and access to ju...
Law Practice, State Bar & Bar Associations
Is nonlawyer ownership signaling the end for solo/small firms?
By Joe Donnini
Some kind of change is likely, but rather than lament or voice resistance rooted in primarily protectionist motivations, explo...
Are colleges places of robust, open debate or suffocating cloisters where only approved ideas can be expressed?
Criminal, Constitutional Law, California Supreme Court
Ruling helps protect the constitutional rights of children
By Jamie Lee Williams
The California Supreme Court has rejected the government's attempt to require a youth probationer, as a condition of release, ...
Civil Litigation, California Supreme Court
Class ascertainability decision leaves open questions
By Michael J. Stortz, Neal R. Marder
In a narrow ruling, the California Supreme Court held that a proposed class must be defined by objective criteria.
Environmental & Energy, Administrative/Regulatory
New rules may affect scope of the ESA
By Angela Jean Levin, Andrea Wortzel
One of the key initiatives of Trump’s presidency has been the reduction of regulatory burdens for infrastructure and domestic ...
Which expenses are business and which are personal? You might think it’s obvious, but your view and the IRS view may differ. T...
Labor/Employment, Corporate
California gender diversity bill faces legal challenge
By Maj Vaseghi, Sarah M. Ray
As many will recall, in 2018 then-California Gov. Jerry Brown signed into law Senate Bill 826, which instituted gender quotas ...
Family
Shared kids and DVROs can put parties in a precarious position
By Lisa H. Meyer, Eric W. Meyer
When the protected party and restrained party share children together, they are placed in a precarious position where they mus...
As recently as in the lifetime of some of us, the United States made an offer to buy the giant island. In 1946, we were ready ...
Law Practice, Law Office Management
When a large law firm dissolves
By Daniel O'Rielly, Dena Roche
The news this month that law firm LeClairRyan has decided to dissolve and shut down may not have come as much of a shock to th...
Despite the multiple, massive data breaches reported by corporations over the last two years, it may be that the least secure ...
Judges and Judiciary, Criminal
Issuing a gun violence restraining order in California
By Dean Hansell, Marina Melikyan
This article describes the scope and the circumstances under which a court will issue a GVRO. It also identifies several techn...
Civil Litigation, California Courts of Appeal
No tort duty of care when reviewing loan modification applications
By Regina McClendon, Lindsey Kress
The 2nd District Court of Appeal recently weighed in on the split among the courts of appeal as to whether a lender owes a tor...
Criminal, Constitutional Law, California Courts of Appeal
The Jagged Shore
By Brian M. Hoffstadt
The shore defining the boundary of indigent defendants' constitutional right to forestall or forego liability for certain asse...
Cryptocurrency owners beware: IRS Letters are in the mail
By Travis W. Thompson
By the end of August 2019, more than 10,000 taxpayers will receive letters related to their virtual or cryptocurrency transact...
President Donald Trump’s recent musings about a U.S. purchase of Greenland have provoked mockery from Denmark to El Centro. I...
Family
Assisted reproductive technology can help women become financially stable
By Evie P. Jeang
The “ART” industry is a new arena that allows women, in countries such as India, to obtain financial wealth while helping a fa...
Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Are time studies still useful in California wage and hour litigation?
By Gregory V. Mersol
A recent pair of cases from the California Supreme Court and the 9th Circuit cast doubt on the utility of time studies under C...
International Law, Intellectual Property
US and Chinese patents: commonalities and distinctions
By Kory Christensen
Despite the trend toward harmonization of patent laws throughout the world, many differences still exist between countries. Th...
Labor/Employment
Dynamex upheaval of the gig economy could take years to sort out
By Ronald L. Zambrano
The fallout from the landmark California Supreme Court decision will be lengthy and far-reaching for the companies, the employ...