Civil Rights
Procedure in California state courts vs the Federal Rules of Civil Procedure
By William Slomanson
There have been innumerable revisions to the state and federal procedural rules in the 80 years since promulgation of the Fede...
Civil Litigation, Civil Rights, 9th U.S. Circuit Court of Appeals
Website accessibility suits show no sign of slowing after 9th Circuit ruling
By Kristina M. Launey
The appellate court recently issued its fifth ruling on the issue of website accessibility in the case of Robles v. Domino's.
Government, Corporate
California leads on pay equity, but additional protections on the way
By Kate Collins
The U.S. House of Representatives has passed a bill, now in the Senate, which seeks to ensure employees are compensated withou...
Judges and Judiciary, California Supreme Court, Appellate Practice
Justice Ming Chin by the numbers
By Kirk C. Jenkins
Today, we’re beginning a new series of monthly columns — analytics-driven profiles of every justice of the California Supreme ...
Civil Litigation, Criminal, Civil Rights
Lies, anger and false equivalence in dating platform fraud
By Irina D. Manta
I argued in a recent law review article that lying on dating apps or websites about a fact material to another person’s decisi...
Law Practice, Labor/Employment, Civil Rights
Law firms on the hook: Discrimination claims lawyers can bring
By Alexandra Harwin, Kate Mueting
Over the last two years, we have seen a wave of lawsuits against Big Law firms, challenging harassment, discrimination in pay ...
When an agency seeks a packaging fee, its interests are in conflict with those of the writer.
Family
Why heightened emotions and conflict help no one in a divorce
By Michael G. Reedy
Emotions do not help you decide how to divide community assets, whether to sell the family residence, or what expenses you hav...
Letters, Law Practice, State Bar & Bar Associations
Military spouse attorneys are not a threat to public safety; rules are overly burdensome
By Elizabeth G. Jamison
California’s new rule has overly burdensome supervision requirements that render it impractical for many in the community it i...
From ancient times, people have erected statues celebrating significant figures of their eras. As times change, such monuments...
Entertainment & Sports
What’s in the dispute between writers and agents?
By Rick Siegel
Perhaps the question of resolution depends on how long and how hard the ATA is willing to fight for the status quo.
International Law, Government, Corporate, Administrative/Regulatory
Added CFIUS scrutiny tests Silicon Valley’s creativity
By Thomas M. Shoesmith
While building walls seems to be a thing in Washington these days, not all walls are physical. Legal walls are also being erec...
California Supreme Court, Administrative/Regulatory
California Supreme Court upholds local wireless facility rules, but the debate isn’t over
By Claire S. Lai, Jason S. Rosenberg
A recent case provides much-needed clarification for municipalities seeking to exercise local control over telecommunications ...
Labor/Employment, Administrative/Regulatory
Beware the hidden costs of OSHA citations
By Jonathan S. Vick
The amount of the penalties has increased substantially over the past few years. Additionally, employers can be subjected to p...
Entertainment & Sports, Antitrust & Trade Reg.
Steven Spielberg’s proposed Oscars Netflix ban could violate antitrust laws
By Aaron Gott
The famed director recently proposed that the Academy of Motion Picture Arts and Sciences change its eligibility rules to keep...
Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
9th Circuit raises bar for Article III Standing
By Jennifer A. Jackson, Matthew M. Petersen
The court has become a battleground between plaintiffs and defendants on the issue of Article III standing in the wake of Spokeo.
Government, Constitutional Law
DOJ isn’t the authority on whether a president can be indicted
By Erwin Chemerinsky
Amidst the furor over the Mueller report, not enough attention has been paid to a crucial premise for many of its conclusions:...
Entertainment & Sports
Trouble in tinsel town
By Neville L. Johnson, Douglas L. Johnson
Hollywood talent agents and writers are at war with each other in what augurs to be the most important litigation in the enter...
U.S. Supreme Court, Securities, 9th U.S. Circuit Court of Appeals
A private right to sue over tender offers
By Matthew W. Close, Brittany A. Rogers
A new issue quickly spilled onto center stage in a securities case currently before the U.S. Supreme Court: whether investors ...
Administrative/Regulatory
Is FTC’s bark worse than its bite when it comes to influencers?
By Melissa K. Dagodag
Despite the fact that the FTC may demand consumer redress or relief, this has not transpired in any cases against influencers.
Tax, Real Estate/Development, Government
Treasury releases long-awaited QOZ regulations
By Andrew L. Gradman, Neda R. Barkhordar
There are still legitimate reasons to sit on the sidelines. But confusion over the rules is no longer one of them.
Imagine being a teenage girl and locked up in a juvenile detention facility. Now imagine being sexually assaulted up to 10 tim...
Law Practice, Ethics/Professional Responsibility
Unconscionable: despicable, or inconceivable?
By Louie H. Castoria
We need to draw a bold line between acceptable and unacceptable behavior in the law. Take fees, for example. No, not my fees, ...
Law Practice
Beware the deluge of AV operators replacing CSRs in depositions
By Early Langley
Claiming a shortage of certified shorthand reporters, big box court reporting firms are sending audio/visual operators to depo...
Real Estate/Development, Law Practice
Advice to your broker clients to protect themselves from liability for cyber fraud
By Joshua J. Borger
There is likely no more enticing place for a thief to commit cybertheft than in California due to our real estate prices. And,...
Administrative/Regulatory
Why are cities trying to shut down cannabis delivery services?
By Allison B. Margolin, James Raza Lawrence
State law permits local jurisdictions to ban commercial cannabis storefront and non-retail operations within their borders, bu...
Alternative Dispute Resolution
Notre Dame and the destructive and creative forces in mediation
By Rande S. Sotomayor
Mediators persist in efforts to rebuild and renew. The destroyers and innovative creators of the last 856 years in the evolvin...
Letters, State Bar & Bar Associations
California attorneys with military spouses: already applying to practice law in California
By Donna Hershkowitz
Last fall, the State Bar’s Board of Trustees circulated for public comment rule changes for special admissions of attorneys li...
Civil Litigation, Intellectual Property
Decision may chart new course for patent eligibility
By Daniel N. Yannuzzi, C. Dylan Turner
The Federal Circuit has again weighed in on patent subject-matter eligibility of natural phenomena, finding certain amino-acid...
U.S. Supreme Court, Constitutional Law, California Supreme Court
Missed opportunity to align state and federal takings law
By Michael M. Berger
It is truly a shame to see the California Supreme Court walk right up to the edge of aligning state and federal constitutional...