Civil Litigation, California Supreme Court
Standing and website discrimination: Square peg in a round hole
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
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
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
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.
Tax
IRS warning cryptocurrency users about taxes, but guidance still elusive
By Dashiell C. Shapiro
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
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
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
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
Ruling could send shock waves through ERISA claims industry
By Robert J. McKennon
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
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...
The idea that the “expansion” of qualified immunity for peace officers in civil rights cases, including those involving the us...
Tax
Personal liability for your company’s taxes, even if you work for a nonprofit
By Robert W. Wood
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...
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...