Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
How should companies deal with Dynamex retroactivity?
By Coby M. Turner, Jon D. Meer
Approximately a year ago, the California Supreme Court issued its opinion in the Dynamex case, upsetting the status quo employ...
Labor/Employment
It’s time for California to enact ‘just cause’ legislation
By William M. Crosby
We need legislation to supplant Labor Code Section 2922 with a “just cause” statute, similar to that in Montana and nearly all...
Government, Environmental & Energy, Administrative/Regulatory
California’s new extended producer responsibility program for home-generated pharmaceutical and sharps waste
By Charles A. White
The sale of needles and pharmaceutical drugs in California, based on national figures, is estimated to be on the order of $50 ...
In working with employers of various sizes, backgrounds, sophistication, and industries, there is some confusion and simple mi...
Civil Litigation, Law Practice, California Courts of Appeal
5 years to trial and death knell orders
By Patrick Hammon, Katherine Chilton
Recent rulings are a reminder that California’s “five-year rule” is strict and unforgiving.
U.S. Supreme Court, Labor/Employment
New justices and shifting public opinion make Title VII cases hard to predict
By Sanford Jay Rosen
The U.S. Supreme Court will hear three cases in its October 2019 Term concerning whether LGBTQ people are protected from emplo...
Ruling should put an end to confusion over prompt-payment laws
By Garret D. Murai
California has had construction-related prompt-payment laws on its books for some time. But until recently there’s been confus...
California Courts of Appeal, Appellate Practice
Abbreviated justice
By Benjamin G. Shatz
California courts generally decide appeals with written decisions, but memorandum opinions do exist under California law.
Each of us has much to be modest about
By Frank H. Wu
I once made a mistake assessing students — not the first time, probably not the last time.
On this National Teacher Appreciation Day, let’s salute our teachers who make a difference every day.
Health Care & Hospital Law
An unspoken epidemic: elder neglect in California’s assisted living facilities
By Kathryn A. Stebner, Karman M. Guadagni
There are approximately 300,000 elderly Californians currently living in assisted living facilities throughout the state. Whi...
Civil Litigation, Labor/Employment, Constitutional Law
Employment laws of employees of religious institutions is a fact intensive inquiry
By Tim B. Del Castillo
Most everyone knows that nonprofit religious organizations are not treated the same as other entities with respect to some law...
Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice
From legal formalist to legal realist
By Myron Moskovitz
Recently, I’ve been ruminating on my career as an appellate lawyer. Over the years, I’ve changed my approach — a lot.
Law Practice, Alternative Dispute Resolution
Please allow me to introduce myself
By Robert S. Mann
You have one chance to create the first impression of being professional, competent, organized and effective.
Government, Environmental & Energy
Environmental deregulation: all sound, no fury
By Gerald George
The Trump administration has repeatedly vowed to streamline environmental regulation, bring back coal, and make America No. 1 ...
Environmental & Energy, Administrative/Regulatory
Air quality district plans to regulate nitrogen oxide in the South Coast Air Basin
By Steve Farkas
The air basin is currently rated “extreme non-attainment” for NOx, which causes the formation of smog and acid rain.
Tax, Securities, Corporate
Common questions about tax rules for pricing options
By Michael Shaff
There are special rules for incentive stock options that a corporation can issue to an employee. Among those rules, the exerci...
U.S. Supreme Court, Securities, 9th U.S. Circuit Court of Appeals
Strategies securities defense attorneys may take to address the uncertainty surrounding the Supreme Court’s Emulex demurral
By David A. Priebe
One week after oral argument, the U.S. Supreme Court dismissed as improvidently granted a case which questioned whether liabil...
It is expected that by 2020, more than 2 million women will be in the veteran population. Their health experiences and needs a...
Labor/Employment
The secret to workplace compliance: Don't just check the box
By Beth A. Schroeder
In this complicated time for California employers, where a 3-4 percent unemployment rate makes it so challenging to recruit an...
Law Practice
A brief overview of the California Uniform Trust Decanting Act
By Jenny Hill Bratt, Catherine M. Swafford
The new law is long and complex. This article is intended to provide practitioners with a brief overview of the procedural and...
Daily we are bombarded in cyberspace with fake information, images and videos, and the law has failed to keep pace with the fa...
Government
Public entities: Beware the rise of web accessibility litigation
By Sean D. De Burgh
With technology dramatically changing how local governments service the public, the developing legal issue concerns to what ex...
Civil Litigation, Intellectual Property
Ruling causing a stir in patent licensing community
By Bridget A. Smith, John B. Sganga Jr.
In a recent ruling the Federal Circuit held that an ordinary forum selection clause in a licensing agreement can prevent a val...
Environmental & Energy, Administrative/Regulatory
Farming and meeting water quality standards: Can the 2 coexist?
By Theresa A. Dunham
To produce sufficient food and fiber to feed California, the nation and the world, Central Valley farmers use synthetic and o...
Procedure is all around us
By Frank H. Wu
Why I admire Parliamentary procedure
Restoring the right to vote for incarcerated felons?
By Joseph H. Cooper
Several commander-in-chief hopefuls, seeking the White House residency beginning in January 2021, have begun stridently pontif...
U.S. Supreme Court, Civil Litigation
Statutory originalism & the Federal Arbitration Act
By Steven B. Katz
The U.S. Supreme Court’s latest arbitration ruling continues a proxy war over ‘statutory originalism.’
Civil Litigation, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
9th Circuit’s influence over TCPA jurisprudence is growing
By Artin Betpera, Susan N. Nikdel
California is a hub of TCPA litigation with new, major class actions being filed against all manner of major businesses on wha...
Civil Litigation, Government, Constitutional Law
Eminent domain process: Precondemnation to prejudgment possession
By Neli N. Palma
In this article and accompanying self-study test, readers will learn about the eminent domain process, its constitutional and ...