Law Practice
What Teddy Roosevelt’s ‘Gentleman’s Agreement’ can teach us today
By Frank H. Wu
Contemporary debates about demographic change are not new. It isn’t easy to remember the past. It also isn’t simple to interp...
Labor/Employment
Is the holiday over? Public agencies may face wave of FLSA suits
By Jesse Maddox, Bryan Rome
Due to recent federal district court decisions in California, public employers that provide nonexempt employees who sporadical...
Family, California Courts of Appeal
Third parties can challenge the validity of premarital agreements
By Franklin R. Garfield
A recent Court of Appeal ruling deals with a case of first impression in which the validity of a premarital agreement is chall...
U.S. Supreme Court, Environmental & Energy, 9th U.S. Circuit Court of Appeals
Holding raises interesting questions for public-lands law
By Matthew J. Sanders
At the end of March, the U.S. Supreme Court reminded us that Alaska is special. Not just for its resplendent beauty and bounti...
Government, Banking
Bill looks to end standoff over banking with cannabis businesses
By Matthew Zandi
It’s still illegal at the federal level, so where there is business — and cannabis business is thriving — what are banks to do?
We might rightly believe that to give birth to an appeal, one absolutely must file a notice of appeal. That seems like a prett...
What good is a dissenting opinion?
Civil Litigation, Entertainment & Sports
Baseball is back, and so is concern for spectator safety
By Brian S. Kabateck, Joana Fang
As sports fans rejoiced the opening day of Major League Baseball, most were not thinking about the risks and potential dangers...
Civil Litigation, Law Practice
Social media discovery: 20 commonly asked questions (Part 1)
By Peter R. Boutin, George A. Croton
Unfortunately, courts, legislatures and practitioners have struggled in developing cohesive guidelines for keeping up with the...
Civil Litigation, Labor/Employment, California Courts of Appeal
Minimum wage applies to charter cities and all counties
By Peter J. Brown, Megan Atkinson
A recent Court of Appeal ruling held that California’s state minimum wage applies to all public employers, including charter c...
Tax, Civil Litigation
New tax rules could swallow up much of the Monsanto verdict
By Robert W. Wood
The new tax math under President Donald Trump’s tax bill can be onerous.
Labor/Employment
NLRB ‘win’ for gig economy might not help California employers
By Tiffany Tran
As the gig economy continues to expand and businesses grapple with remaining legally compliant with the ever-evolving employme...
Law Practice, Ethics/Professional Responsibility
My big mouth!
By Neville L. Johnson, Douglas L. Johnson
Much of an attorney’s job is communication—but when can legal communication result in liability?
Civil Litigation, Law Practice, Alternative Dispute Resolution
Do local rules empower superior courts to order cases to mediation?
By Robert B. Jacobs
In view of their existing budgetary constraints and limited resources, superior courts are incentivized to do everything in th...
Civil Litigation, Letters
Selective application of amendments to states no longer a viable argument
By Bruce M. Brusavich, Robert S. Peck
Recent attempts to defend MICRA fall short.
Alternative Dispute Resolution
Moral disengagement and the college admissions scandal
By Phyllis G. Pollack
With an understanding of moral disengagement, one can be better equipped to respond and work with parties to reach a just reso...
Law Practice, Ethics/Professional Responsibility
How to effectively address conflict issues in advance
By David M. Majchrzak, Heather L. Rosing
Ironically, the risk of having an ineffective waiver is even greater when lawyers try to get out in front of the issue and obt...
Civil Litigation, Letters
Column defending the indefensible MICRA left out an important point
By Nathaniel J. Friedman
In the first case upholding MICRA, the California Supreme Court quoted the preamble to MICRA, and it’s an important point.
Government, Environmental & Energy, Administrative/Regulatory
Agencies finally begin to address dangers of PFAS
By Steven H. Goldberg, Leila Bruderer
This article provides background on polyfluoroalkyl substances, highlights recent regulatory developments and raises, as yet, ...
Labor/Employment, Government, Administrative/Regulatory
DOL proposes to raise salary for white collar exemption threshold
By David Prager
Under current regulations, employees primarily engaged in executive, administrative, or professional duties, and who receive ...
For the TL/DR audience, the takeaway from a recent trademark case brought by Converse is that when it comes to the importance ...
Regardless of one’s legal, philosophical or moral views on sex work itself, it is not difficult to conclude that something has...
Government, Administrative/Regulatory
DOJ turns attention to False Claims Act guidance instead of rules
By Matthew Zandi
Deputy Associate Attorney General Stephen Cox recently highlighted and clarified several recent U.S. Department of Justice pol...
Government, Administrative/Regulatory
Expect California’s data privacy to laws to become the governing model
By Gerald L. Sauer
A hodge-podge: That's the current U.S. data privacy regime.
Government, Constitutional Law
Panel hears arguments over Trump tweets
By John H. Minan
On Tuesday, a panel of federal appellate judges considered free speech rights in the context of President Donald Trump’s well-...
Civil Litigation
MICRA’s ‘cap’ comports with right to a jury trial under 7th
By Fred J. Hiestand
Despite recent reports, MICRA’s cap on noneconomic damages passes muster under the 7th Amendment right to a civil jury trial.
Law Practice, Ethics/Professional Responsibility
Inequality, polarization are undermining ethical lawyering
By Scott Cummings
The opportunity for lawyers to mediate conflicting viewpoints and interests toward some broader vision of the public interest ...
Civil Litigation, Constitutional Law
Holding gun manufacturers responsible for reckless ads
By Hannah Shearer
Manufacturers may soon find themselves back in the hot seat after a March 14 decision from the Connecticut Supreme Court.
Judges and Judiciary
African-American women on the California bench: a history
By Brenda Harbin-Forte
Brenda F. Harbin-Forte, a judge on the Alameda County Superior Court, has researched and written about African-American women ...
Government, Administrative/Regulatory
Despite outcry over massive data breaches, little has changed
By Anita Taff-Rice
Moody's, one of the world's largest credit rating agencies, may be headed in the right direction. It announced last year that ...