Criminal, California Supreme Court, California Courts of Appeal
Reducing the disability of poverty in our criminal justice system
By Jeffrey A. Aaron, Robert Smith
Two recent cases mark a trend in which California courts recognize that wealth and poverty have increasingly resulted in two d...
Environmental & Energy, Administrative/Regulatory
Proposed WOTUS rule cannot simply ignore past findings
By John H. Minan
The Trump administration, at the direction of the president, has charted a new course on federal water pollution law.
Law Practice, Alternative Dispute Resolution
New mediation rule has narrow safe harbor
By Robert B. Jacobs
The language used by the Legislature in the new mediation confidentiality rule is very, very specific.
U.S. Supreme Court, 9th U.S. Circuit Court of Appeals
Excessive force ruling was 'erroneous and puzzling'
By Nicole R. Roggeveen
Calling the 9th Circuit’s ruling both “erroneous” and “puzzling,” the Supreme Court ordered a fresh look at this case and the ...
Health Care & Hospital Law, Administrative/Regulatory
Key information about alcohol and drug abuse treatment facility law
By Paul A. Gomez, Rick Rifenbark
The Substance Use Disorder Patient Protection Act prohibits licensed or certified alcoholism or drug abuse recovery and treatm...
U.S. Supreme Court, Entertainment & Sports
Wagering on esports is growing rapidly... and susceptible to bugs
By Chris C. Schwarz
Wagering on esports is quite similar to wagering on traditional sports played on courts, fields, tracks and ice rinks: You pic...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Kavanaugh says ‘wholly groundless’ arbitration motions trump access to the courts
By Eric J. Buescher
While this is Justice Kavanaugh’s first decision for the court, the unanimity of the justices demonstrates how far in favor of...
Intellectual Property, Entertainment & Sports
Copyright dispute over ‘Friday the 13th’ provides ‘work-for-hire’ lessons
By Pierre B. Pine
A federal district court recently declared screenwriter Victor Miller the sole owner of the copyright in the screenplay to the...
Labor/Employment
Law roundup: contractors liable for unpaid wages and benefits of subcontractors’ workers
By JoLynn M. (Pollard) Scharrer
Specifically, Assembly Bill 1701, codified at Section 218.7 of the Labor Code, requires general contractors to ensure that the...
Real Estate/Development
Law roundup: New and Improved Housing Accountability Act
By Sheri L. Bonstelle
New provisions give the act the teeth it needs to hold local governments accountable to approve much-needed housing development
Labor/Employment
Tips for Responding EEOC complaints: ‘Eye for an eye’ can get an employer sued
By Miranda R. Watkins
Employees who "participate" in protected activity or "oppose" unlawful acts are protected. If you're thinking this definition ...
Family
Is the California Family Code going to the dogs?
By Marlo Van Oorschot, Cara L. Boroda
For family law lawyers, love can indeed be a battlefield; a battlefield filled with real estate, children, jewelry, IRAs, and,...
Civil Litigation, California Courts of Appeal, Appellate Practice
Attorney fees are costs in trial court but not on appeal
By Gary A. Watt
A recent decision holds that an appellate court's denial of "costs" does not preclude an award of attorney fees -- a holding t...
U.S. Supreme Court, Military Law, Government
Sexual trauma in the military
By Eileen C. Moore
Remedies to the military sexual assault situation require attention by both Congress and the U.S. Supreme Court. Even a presid...
Judges and Judiciary, California Supreme Court, Appellate Practice
How have Brown’s appointees changed the Supreme Court?
By Kirk C. Jenkins
Today, we move on to part 2 of our series — Justice Leondra R. Kruger, who succeeded Justice Joyce L. Kennard on Jan. 5, 2015.
Judges and Judiciary
Nudge statutes and demurrer filings at Stanley Mosk Courthouse
By Richard L. Fruin
For the past six years (2013-2018), I have counted the number and type of motions that were heard in Department 15. I then pre...
Civil Litigation, Labor/Employment
Employers bring PAGA lawsuit
By Tina Tellado, Deisy Castro
Lawsuits filed under California’s Private Attorneys General Act are nothing new. What is new and noteworthy is a group of empl...
Intellectual Property
Looking ahead: What’s in store for patent law in the new year
By Darren Donnelly
The former patent examiner, Albert Einstein, is credited with having told reporters, “I never think of the future, it comes so...
Last year once again saw courts addressing key insurance issues.
Letters, Labor/Employment, Corporate
California Lawyers Association should address glaring noncompete issue
By Stacey Olliff
I am writing regarding the excellent article “Does Section 925 reinforce or weaken policy against noncompetes?” in the Jan. 7,...
Tax, Administrative/Regulatory
IRS can impose 100 percent penalty on employment taxes
By Robert W. Wood
Whether you are Donald Trump or just an ordinary Joe, everyone likes to save money. And no one likes to pay more in taxes than...
Civil Litigation, Labor/Employment, Contracts
Does Labor Code Section 925 reinforce or weaken public policy against noncompetes?
By Debra Fischer, Adam Wagmeister
Last September, the Delaware Court of Chancery ruled that a Delaware choice-of-law provision and covenant not to compete in an...
This is my first column for the year 2019. It picks up some themes from my last column in 2018. You might consider the two col...
Intellectual Property, Government
Momentum grows in Senate for updating patent eligibility standards
By Stuart Meyer
Intellectual property legislation is rarely front of mind for legislators, and more pressing concerns often leave IP proposals...
Law Practice, Insurance, Ethics/Professional Responsibility, State Bar & Bar Associations
Mandatory malpractice insurance group to present findings
By Kenneth C. Feldman
The subcommittee studying the "advisability of mandating errors and omissions insurance for attorneys" met on Dec. 7, 2018, to...
U.S. Supreme Court, Health Care & Hospital Law, Administrative/Regulatory
If ruling stands, millions could lose health care coverage
By John H. Minan
Since the ACA became embedded as part of the health care system, Americans without health insurance dropped from 16.8 percent ...
Civil Litigation, Law Practice, Appellate Practice
On Stipulated Reversals
By Christopher D. Hu
Litigants often face special obstacles to settlement on appeal. Sometimes, the appellant insists on a reversal of the trial co...
Labor/Employment, California Supreme Court
High court weighing liability of payroll-service providers
By Andy Y. Chen
Whichever way the California Supreme Court decides will have monumental ramifications for the competitive and fragmented payro...
Law Practice, Ethics/Professional Responsibility
Key issues relating to motions to disqualify
By Shari L. Klevens, Alanna G. Clair
When a motion to disqualify is filed, tensions often run high. The attorney targeted by the motion may feel a mix of anger at ...
Law Practice, Ethics/Professional Responsibility
Why your firm needs a lawyer
By Daniel O'Rielly, Dena Roche
For many law firm partners, even those who run and manage law firms large and small, the idea that a law firm needs its own la...