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Civil Litigation, California Supreme Court

Standing and website discrimination: Square peg in a round hole

Aug. 30, 2019
By Jeffrey M. Goldman, Tracey E. Diamond

In the past, California courts required plaintiffs to show that an allegedly discriminatory website prevented their full use a...


Judges and Judiciary, Environmental & Energy, Constitutional Law

California’s judges, meet John Maynard Keynes

Aug. 30, 2019
By Richard A. Schulman

The state’s extraordinarily high housing prices comprise much of its extraordinary high living costs,


Civil Litigation, Insurance, California Supreme Court

State high court issues landmark insurance decision

Aug. 30, 2019
By Kirk A. Pasich

On Thursday, the court addressed the importance of California’s so-called “notice-prejudice” rule — an issue critical in many ...


California Courts of Appeal, Appellate Practice

1st District’s new local rules: a guide

Aug. 29, 2019
By Sarah Hofstadter

On Aug. 23, the 1st District Court of Appeal issued a revised version of its local rules — the first major overhaul since 2006.


One problem the IRS faces with cryptocurrency (that it did not face with Swiss Bank accounts to the same extent), is that the ...


Civil Litigation, Government

Legislation will promote frivolous shakedown lawsuits

Aug. 29, 2019
By Kyla Christoffersen Powell

Assembly Bill 1270 (Stone) is an attempt to expand the False Claims Act to allow the attorney general, local prosecutors and p...


Environmental & Energy, California Supreme Court

CEQA review now required for ordinances authorizing new medical marijuana dispensaries

Aug. 28, 2019
By B. Alexandra Jones, Jolie-Anne S. Ansley

The California Supreme Court recently issued a decision that may require cities to conduct environmental review prior to adopt...


Criminal, California Supreme Court

Yes, murder is a crime of violence

Aug. 28, 2019
By Mitchell Keiter

Randly Begay accused his girlfriend of cheating on him with one Roderick Ben. After Begay told both he was “not scared to go t...


Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals

A 9th Circuit ruling will have the effect of limiting claimants’ much-needed access to the federal courts and class actions.


Labor/Employment

The Dos and Don’ts of union organizing drives

Aug. 28, 2019
By Robert F. Millman, Sevag M. Shirvanian

You may periodically read about various unions’ organization efforts in other parts of the state or country, along with the va...


Letters, Criminal

Tort policy isn’t the problem

Aug. 28, 2019
By Gary Schons

The idea that the “expansion” of qualified immunity for peace officers in civil rights cases, including those involving the us...


Serving on the board of directors of a nonprofit can be rewarding, but not if you end up paying for the organization’s tax pro...


Constitutional Law

Clarifying regulatory takings

Aug. 27, 2019
By Michael M. Berger

It is time to revisit and eliminate the confusing Penn Central factors, which have hamstrung substantive takings litigation, w...


The qualified immunity dilemma

Aug. 27, 2019
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

MCLE
Aug. 26, 2019
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

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

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

Waiting for a final judgment in a family law matter means that litigants may be required to delay a long time before they can ...


Criminal

Forensic DNA profiles are powerful tools for good

Aug. 26, 2019
By Jayann Sepich

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

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?

Aug. 23, 2019
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

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

Some kind of change is likely, but rather than lament or voice resistance rooted in primarily protectionist motivations, explo...


Education Law, Constitutional Law

The marketplace of ideas

Aug. 23, 2019
By Stephen F. Rohde

Are colleges places of robust, open debate or suffocating cloisters where only approved ideas can be expressed?


Criminal, Constitutional Law, California Supreme Court

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

Aug. 22, 2019
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

Aug. 22, 2019
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

Aug. 22, 2019
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

Aug. 22, 2019
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...