Environmental & Energy, Administrative/Regulatory
Agencies propose reforms to Endangered Species Act regulations
By Samuel Edward Bivins
These incremental reforms have the potential to make ESA compliance incrementally more efficient and effective for both federa...
Civil Litigation, Education Law, Constitutional Law, California Courts of Appeal
Trilogy of cases leads the way on due process for students
By David Urban
California appellate courts have taken a leading role in developing a body of law for public and private colleges and universi...
Law Practice, State Bar & Bar Associations
Mandatory malpractice insurance in the works?
By Kenneth C. Feldman
The State Bar formed a working group to study mandatory malpractice insurance earlier this year, but not many attorneys know w...
U.S. Supreme Court, Criminal, Constitutional Law
High court has chance to weigh ‘separate sovereign’ doctrine
By John H. Minan
For more than 150 years, the Supreme Court has recognized a “separate sovereign exception” to double jeopardy. Justices Ginsbu...
Civil Litigation, Labor/Employment
Perseverance pays off for employer in class action litigation
By Christopher M. Ahearn
A federal court in Los Angeles just proved that, even after many years of difficult, protracted litigation, and despite severa...
Civil Litigation, Insurance
Court says insurer can’t dodge coverage through ‘technical escape hatch’
By Robert J. McKennon
A recent Court of Appeal opinion said the notice-prejudice rule precluded the denial of life insurance benefits based upon the...
Bankruptcy
Avoiding fraudulent transfers by debtors in bankruptcy cases
By Stuart B. Rodgers
In a bankruptcy context, trustees, debtors in possession, and even creditors, may have the ability to pursue recipients of tra...
Monsanto's high-stakes glyphosate battle is just beginning
By David I. Levine
In the next few weeks, Dewayne Johnson’s lawyers will have to decide whether to accept the judge’s $210 million reduction of t...
State Bar & Bar Associations
State Bar must ensure minorities are not disciplined at a higher rate
By Daniel Everett
Over the years, the State Bar of California has been tasked with ensuring that it does not use its authority disproportionatel...
A Native American treaty rights case up for U.S. Supreme Court review centers on whether an 1855 treaty protects a tribal memb...
As of Jan. 1, 2019, veterans sentenced prior to Jan. 1, 2015 will have an opportunity to go back to court and ask for a senten...
Law Practice, Law Office Management
Mansfield Rule is a start, but law firms must do more
By Cheryl Stephanie Chang, Diana M. Eng
While the Mansfield Rule and Mansfield 2.0 may address some of the concerns about unequal treatment of women in the legal prof...
Family, California Courts of Appeal
Court says child has standing to sue for wrongful death of non-biological parent
By Jeffrey P. Blum
In a victory for children of same-sex parents and children conceived by parents using assisted reproduction, the California Co...
Before leaving office, Gov. Jerry Brown should take the courageous step of commuting the death sentences of the 743 individual...
Why, after four years of education and training (and after I also received a B.A. from UC Berkeley), passing my third test att...
Clients with international interests may need to register under FARA
By Terree Bowers, Craig Engle
If your clients have international interests, you may want to double check whether they need to register under FARA, the Forei...
Intellectual Property, Entertainment & Sports
The biggest update to copyright law in decades
By Matthew Bernstein
The Music Modernization Act is a sweeping update to the U.S. Copyright Act that will bring the law closer to a music licensing...
Tax, Real Estate/Development
IRS releases long-awaited guidance on opportunity zone program
By Phil Jelsma
On Oct. 19, the Internal Revenue Service issued long awaited-proposed regulations and a revenue ruling on Opportunity Zones, a...
Part I: The Art of Rhetoric
Education Law, California Courts of Appeal, Appellate Practice
Different conduct, different due process?
By Kelly Woodruff
Should different types of university misconduct require different levels of due process? The 2nd District seems to think so.
Mindfulness practice can be a life-changer for law students, lawyers and judges
By A. Marco Turk
The concept of being able to "get out of our environment" has become widely publicized and adopted in many forums -- for good ...
Securities, Corporate
Small companies would benefit if SEC legitimized finders
By Tamara M. Kurtzman
The real need for small business capital coupled with the inability of small businesses to attract traditional financing sourc...
Law Practice, Entertainment & Sports, Contracts
End of the Hollywood handshake deal
By Fredrick S. Levin, Adam Waldman
Artists who have been living under these oral percentage fee agreements should consider fully researching their rights before ...
Tax, Government, Administrative/Regulatory
Nonprofit directors, donors and more
By Erin Bradrick
New ex officio director law, donor disclosures and more nonprofit news
Labor/Employment, California Supreme Court
Dynamex isn't just about Wage Orders
By Scott D. Nelson
The recent worker classification ruling by the California Supreme Court isn’t just about Wage Orders.
Civil Litigation, Alternative Dispute Resolution
What you need to know about mediation confidentiality
By Lars C. Johnson
Earn MCLE reviewing the ins and outs of mediation confidentiality in California.
Law Practice
Key considerations when using expert witnesses
By Shari L. Klevens, Alanna G. Clair
As the expert is neither the attorney nor the client, the protections afforded in the attorney-client relationship may not app...
The Federal Communications Commission made an argument in federal court last week that puts in doubt the agency’s authority to...
U.S. Supreme Court, Criminal, Constitutional Law
With SORNA, Congress chose to avoid difficult questions
By John H. Minan
A case pending on the Supreme Court’s docket revisits the “intelligible principles” doctrine under the Sex Offender Registrati...
Native Americans, Constitutional Law
What the ICWA ruling got wrong
By Keith Harper, Kathryn E. Fort
The Northern District of Texas made several mistakes in its recent ruling holding that the Indian Child Welfare Act is unconst...