Civil Litigation, Labor/Employment
Class action waivers: Green light or stop sign?
By Mary Dollarhide, Nathan Kiyam
We are at an interesting crossroads: Recent U.S. Supreme Court decisions gave employers the green light to use mandatory arbit...
Government, Banking, Administrative/Regulatory
Cannabis banking bill isn’t the solution, but a step in the right direction
By Yelena Katchko
SB 51, which passed by a 35-1 vote on May 21, would allow for the creation of state-chartered cannabis banks or credit unions ...
Civil Litigation, Labor/Employment
Nonsolicitation agreements: new challenges to enforcement in California
By Paul S. Cowie, Nora K. Stilestein
Recently state and federal courts alike have expanded the interpretation of California law to void not only covenants not to c...
Judges and Judiciary, California Supreme Court, California Courts of Appeal
Supreme removal
By Benjamin G. Shatz
Here at Exceptionally Appealing, we assume that the appellate bar is a cut above the ordinary, and therefore far less likely t...
Sometimes we fail to distinguish between discriminating based on bias on the one hand and being discriminating in the sense of...
The year is 2026. I managed to snag an interview with the president.
Family
California’s new divorce law distinguishes animals from other forms of property
By Elizabeth Holtz
Animals are classified as property under the law in all 50 states, but changes in divorce statutes are challenging that paradi...
Showdown at the high court over cross-border shooting
By William Slomanson
Last week the U.S. Supreme Court agreed to review a case involving a Border Patrol shooting at the Mexican border. Its result ...
Criminal, Constitutional Law, California Supreme Court
Will court say ‘Brady tips’ strike acceptable balance?
By David P. Mastagni
While the Supreme Court is widely expected to uphold the confidentiality of peace officer personnel records, it is unclear whe...
Civil Litigation, California Supreme Court
998 offers in arbitration: Know the law or forfeit your costs
By Michael H. Leb
On Monday, the California Supreme Court held that, notwithstanding defendant’s timely submission of a request for costs under ...
Tax, Government, Constitutional Law
Will court’s allow Congress to investigate Trump taxes?
By John H. Minan
If these cases are upheld on appeal, which seems likely, the House will have breached Trump’s “redline” refusal to turn over h...
Tax, Real Estate/Development, Government
Governor Newsom unveils opportunity zone conformity bill
By Phil Jelsma
California Gov. Gavin Newsom has proposed some tweaks to the federal government’s opportunity zone regulations which could lim...
Securities, Corporate
SEC proposes easing financial disclosure burden on buyers and sellers
By Jeffrey H. Cohen, David A. Niemeyer
On May 3, the Securities and Exchange Commission proposed numerous changes to the financial disclosure requirements under Regu...
Judges and Judiciary, Constitutional Law
An insightful look at state constitutional law
By Arthur Gilbert
I recently attended a talk by Judge Jeffrey Sutton who sits on the 6th U.S. Circuit Court of Appeals. The subject was a book h...
In response to the growing wildfire danger and liability risks faced by the electric utilities, a variety of wildfire mitigati...
Education Law
What is the deal with Jefferson v. Compton?
By Gregory J. Rolen, Renata L. Hoddinott
Some California school districts are employing a little-known practice loosely titled, “Recommendation for Reassignment,” to d...
Julian Assange. Bryan Carmody. Each incident is a troubling incursion on First Amendment freedoms. One is a flat-out violation...
Probate
Sorting Aretha Franklin’s wills could take longer than the Prince estate
By Scott E. Rahn
With the recent discoveries of multiple purported handwritten wills from the late soul legend Aretha Franklin, what the heirs ...
Health Care & Hospital Law
Who’s your daddy? Ancestry tracing reveals shattering truths
By Judith Daar, Sigal Klipstein
With the advent of online ancestry tracing, a growing number of "switched sperm" cases are being revealed. Devastatingly, a co...
Law Practice, Ethics/Professional Responsibility
‘Unconscionable’ legal fees under California’s new rules
By Gerald G. Knapton
California’s new Rules of Professional Conduct, effective Nov. 1, 2018, put new two factors at the top of the list of 13 eleme...
Real Estate/Development, Government, Environmental & Energy
Who should control basic land use policy in California’s ongoing housing crisis?
By Bryan W. Wenter
Sweeping legislative change is vitally important, necessary and justified to strike a better balance between state and local ...
Criminal, Constitutional Law, California Supreme Court
Brady v. Pitchess: A constitutional crisis 40 years in the making
By Naeun Rim
The California Supreme Court will hear oral argument in ALADS v. Superior Court on June 5. The court must hold that law enforc...
U.S. Supreme Court, Civil Rights
Justice Thomas’ evolving pro-consumer jurisprudence
By Stephen J. Newman
Conventional wisdom holds that there is now a solid pro-business majority on the U.S. Supreme Court. A 5-4 decision on Tuesday...
Criminal
Warming up cold cases: Genealogy and good old fashioned investigation
By Wendy L. Patrick
He was one of the most feared criminal figures of the 1970s and 1980s. Suspected to have committed multiple murders and dozens...
U.S. Supreme Court, Civil Litigation, Bankruptcy
Are stay relief denials automatically appealable?
By David S. Kupetz
On May 20, the U.S. Supreme Court granted certiorari in Ritzen to address the question of whether an order denying a motion fo...
Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
If you see a fork in the road, take it
By Michael M. Berger
The 9th Circuit recently had the chance to referee a dispute between the rights granted to agricultural labor unions by the Ca...
Entertainment & Sports
The most newsworthy part of a person’s entire life
By Dan Lawton
By any measure, Bill Buckner had a fine career: Over 2,700 base hits, won a batting title with the Cubs, and played for 22 sea...
Government, Environmental & Energy, Administrative/Regulatory
Lessons for New York from 3 decades of Prop 65 in California
By Michael G. Romey, Lucas I. Quass
New York may implement California-style chemical warnings creating bi-coastal complications for businesses big and small.
Tax, Civil Litigation, Law Practice
When it comes to litigation funding, don’t forget about taxes
By Robert W. Wood
Lawyers may source money entirely for themselves, clients alone may seek it, or each may get some, depending on how the deal i...
Civil Litigation, California Supreme Court, 9th U.S. Circuit Court of Appeals
Courts trending to cutting back anti-SLAPP law
By Derek F. Foran, Michael E. Komorowski
Earlier this month, the California Supreme Court issued a unanimous decision limiting the application of the state’s ubiquitou...