U.S. Supreme Court, Labor/Employment, Judges and Judiciary
The nominee and the NLRB
By Michael H. Leb
Many politicians and activists claim that President Donald Trump’s Supreme Court nominee is anti-labor. But have they read Jud...
Government, Environmental & Energy
As California sea levels rise, so do state and local governments’ costs to address them
By John P. Erskine
The California Coastal Commission's emerging requirements for shoreline development follow a new report predicting accelerated...
Ongoing conversations online could inadvertently create serial meetings.
Intellectual Property, Entertainment & Sports
It is becoming increasingly difficult to trademark your brand
By Delia Ramirez
Last month, the musician Will.i.am lost a five-year battle against the USPTO attempting to register the mark #WILLPOWER in cla...
Civil Litigation, Labor/Employment, California Supreme Court
Unaccounted time: Reading the tea leaves of Troester
By H. Scott Leviant, Lilit Ter-Astvatsatryan
It is the nature of the analysis supplied by Troester that suggests more is yet to be said about the implications of this prin...
Lawyers have to represent!
By Frank H. Wu
Whether they reciprocate, or others join me in doing so, I will respect the lawyers who represent clients because they need th...
Government, Criminal
Felony murder bill ignores natural and probable consequences
By Eric Siddall
Should Gov. Jerry Brown sign into law Senate Bill 1437, criminals in California can no longer be punished for the natural and ...
Civil Litigation, Alternative Dispute Resolution
Successful mediations need the right players at the table
By Lars C. Johnson
But to be successful, it is important to set the stage properly. Among other things, the right players need to be at the table.
Probate
Avoid probate with clarity about which assets a trust controls
By Julia Craig Kelety
A good estate plan requires a clear understanding as to which assets are controlled by the trust terms. Counsel who rely on th...
It doesn’t appear that anyone worried too much about sexual harassment plaintiffs. In an employment context — and most such cl...
Government, California Supreme Court
Questions emerge after high court public records decision
By Christine Wood, HongDao Nguyen
How public agencies can manage new demands for electronic records.
U.S. Supreme Court, Constitutional Law
Will the ‘digital divide’ persist?
By Brian M. Hoffstadt
At the end of last term, the U.S. Supreme Court hammered a bit deeper the wedge it had previously inserted between electronic ...
Government, Environmental & Energy, Constitutional Law, California Courts of Appeal
Scope of government’s duty after groundwater ruling is unclear
By Jeremy B. Talcott
The 3rd District Court of Appeal recently ruled that the public trust doctrine can apply to groundwater extraction, but the co...
Litigation & Arbitration, Civil Litigation, Alternative Dispute Resolution
Create incentives for plaintiffs to choose arbitration
By David Horton, Andrea Cann Chandrasekher
A study of 40,775 cases administered by the AAA, JAMS, ADR Services, and Kaiser reveals why states should create incentives fo...
Government, Corporate
Legislation to impose gender quotas in boardrooms reflects international trend
By Maj Vaseghi, Sarah M. Ray
California Senate Bill 826 has passed the California legislature and is headed to the desk of Gov. Jerry Brown, who will have ...
Government
Pass Prop 10 to repeal Costa-Hawkins and restore local government’s authority to address the housing crisis
By Alison Regan
California is facing the greatest affordable housing crisis the state has ever experienced. Our largest cities are dominated b...
Family
Evolving definitions of the ‘date of separation’ in California
By Marina Manoukian
When dividing community property in a dissolution case, the determination of when the parties separated is key.
Administrative/Regulatory
Catch up with the California Consumer Privacy Act
By John A. Vogt, Jeffrey Rabkin
The recently enacted CCPA is one of the most comprehensive existing privacy measures in the United States. Earn MCLE credit le...
Did you know that the subatomic particle, the quark, derives its name from Joyce’s impenetrable novel “Finnegan’s Wake”?
As football is America's favorite spectator sport, it is not surprising that many football terms have crept into our everyday ...
Civil Litigation, Government
Whistleblower protections more robust after ruling
By Eric J. Buescher
For whistleblowers who file under state law, the protection and reward they are entitled to is more robust today because of a ...
Technology is released, someone figures out how to hack it, tech is updated, someone figures out how to hack that, and so the ...
Even if one grants that we humans have consciousness, how do we know it was not something implanted in our brains like a compu...
Law Practice, Ethics/Professional Responsibility
Using technology to prevent claims
By Shari L. Klevens, Alanna G. Clair
Adopting technologies can help lawyers reduce the risk or even the impact of the mistakes and client relations issues that can...
California steps in with its own net neutrality rules
By Anita Taff-Rice
All internet traffic may not be equal in the eyes of the Federal Communications Commission, but California legislators voted l...
Civil Litigation, Intellectual Property
Federal Circuit ruling may affect patent eligibility arguments
By Eric Zhou
A recent Federal Circuit opinion shows that not all improvements in computer and software-based claims will qualify as being t...
Civil Litigation, Construction, California Courts of Appeal
Are you sure that private project isn’t public works?
By Garret D. Murai
Even if a public entity does not directly construct or finance a project, a project may nevertheless be found to be a public w...
Immigration, Government
Older immigrants’ access to basic needs programs is at risk
By Denny Chan, Natalie Kean
Possible federal action imposes grave immigration consequences on older adults and their families for accessing public benefits.
Administrative/Regulatory
After fur bans, expect local animal protection laws to gain momentum
By Elizabeth Holtz
San Francisco’s law goes into effect in January, paving the way for it to become the largest city in the United States to ban ...
Law Practice, Ethics/Professional Responsibility, California Supreme Court
Clients get notice, period
By Samuel C. Bellicini
The unmistakable takeaways from a recent California Supreme Court ruling: (1) Clients get notice. Period. No exceptions. And (...