Constitutional Law, Civil Rights
Can force be excessive when it was not intentional?
By Carolyn Frank
Not every seizure falls within the confines of 42 U.S.C. Section 1983.
Law Practice, Judges and Judiciary, Civil Rights
How should we respond when facing bias in the courtroom?
By Daniel Everett
Is disparate treatment based on race a real or imagined construct facing attorneys of color? And how should an attorney respon...
Lawyers, clients, judges and juries all must pay taxes. And with both federal and California tax changes today, tax worries ar...
Health Care & Hospital Law, Administrative/Regulatory
Telemedicine can help to combat opioid epidemic
By Andrea L. Frey, Jeremy D. Sherer
Remote prescribing is a viable telemedicine tool to combat the opioid epidemic but faces legal barriers in federal and state l...
Administrative/Regulatory
New growing pains for California’s regulated cannabis industry
By Joshua R. Mandell, Courtney Krause
The regulated cannabis industry entered into an important new phase this month, presenting a new round of challenges and costs...
Labor/Employment, Government
Law creates limited privilege for communications about sexual harassment
By Chris Micheli
Assembly Bill 2770 expands existing law concerning privileged communications to include communications by former employers dea...
Criminal
The right to plead no contest in criminal cases
By Jeff Adachi, Yali Corea-Levy
The San Francisco court needs to change its practice of disallowing no-contest pleas. It’s the fair, humane and just way to al...
Civil Litigation, Labor/Employment
Ignorance of shifting wage laws is no excuse for violations
By Joel O’Malley
While it has long been the rule that a California employer must pay all final wages upon an employee’s termination, it has bec...
Law Practice, Ethics/Professional Responsibility
The intersection of artificial intelligence and ethics
By Heather L. Rosing, David M. Majchrzak
Artificial intelligence is being used in the legal profession in a number of ways, including helping lawyers to perform resear...
Civil Litigation, California Supreme Court
Mandatory court reporters for indigent litigants
By Jens B. Koepke
In Jameson v. Desta, the California Supreme Court has now told the superior sourts that they must provide official court repor...
Civil Litigation, Law Practice
Evaluating personal injury cases: the venue, the judge and the lawyers
By Lars C. Johnson
While textbooks and practice guides are useful, there simply is no substitute for trial experience to learn the art of evaluat...
Transportation, Insurance, Administrative/Regulatory
Bird (Scooters) is the word... and a potential personal injury lawsuit
By Michael E. Rubinstein
The proliferation of these fun, mobile vehicles presents several challenges from a legal standpoint.
Sacramento’s latest foray into reshaping our criminal justice system is an utter disaster that violates the state Constitution...
Judges and Judiciary, Immigration
The dismantling of due process in immigration courts
By Amie D. Miller
What if criminal court judges answered to the prosecutor, and the prosecutor could evaluate the judges’ job performance based ...
Law Practice
Investors’ paradise: The star of the show isn’t what you think
By Jonathan A. Michaels
If one were to take a guess as to the strongest asset class for investment, considerations such as fine art, rare wine or blue...
Labor/Employment
‘They’ are on the way: What employers should know about non-binary gender markers
By Denise M. Visconti, Bennett J. Kaspar
Beginning January 2019, employers can anticipate having applicants and current employees who present identification documents ...
U.S. Supreme Court, Civil Litigation, Labor/Employment
High court delivers an Epic win to employers
By Emily A. Mertes, Katherine S. Catlos
On May 21, in a landmark decision, the U.S. Supreme Court held that businesses do not violate the National Labor Relations Act...
Civil Litigation, Labor/Employment, California Supreme Court
Ruling may slow down expanding gig economy
By Eric B. Kingsley
Dynamex throws a major wrench in an employer’s decision to classify workers as independent contractors by making employee stat...
Labor/Employment
The new frontier of website accessibility suits
By Christine Samsel, Jonathan C. Sandler
Navigating the maze of complex requirements under the Americans with Disabilities Act can prove to be a daunting task, and the...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Agency fees ruling will reshape labor relations
By Kevin J. Chicas, Adrianna Guzman
On June 27, the U.S. Supreme Court issued its long-awaited decision holding that mandatory agency shop fees violated the First...
Civil Litigation, Labor/Employment, California Supreme Court
Eyes are on Starbucks case at state high court
By Jennifer B. Zargarof
A decision in closely watched timekeeping case is due any day now.
Labor/Employment
Increased sick leave in California: dead or alive?
By JoLynn M. (Pollard) Scharrer
Assembly Bill 2841 ought to amend Section 246 of the Labor Code to increase the accrual of paid sick time for employees in Cal...
Civil Litigation, Labor/Employment, California Supreme Court
Guidance on ‘regular rate’ may be forthcoming
By Tina Tellado, Deisy Castro
The “regular rate” plays an essential role in an employer’s ability to properly compensate its employees given that this rate ...
Labor/Employment, 9th U.S. Circuit Court of Appeals
Salary history law seeks to cure historic inequities
By Sarju A. Naran, Ashlee N. Cherry
In an effort to combat pay inequity, California enacted a new statute, effective Jan. 1, 2018, that prohibits employers from i...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Encino: Deference challenged & ‘fair’ is back
By Wendy Mcguire Coats, Todd B. Scherwin
On April 2 after two trips to the high court, the U.S. Supreme Court delivered automobile dealerships a decisive win by holdin...
Earlier this year, the Sacramento County board of supervisors adopted the Sacramento County Hotel Worker Protection Act; will ...
Workplace violence is on the rise. In 2017 alone, several fatal shootings occurred in workplaces, including schools, offices, ...
Labor/Employment
#MeToo’s impact on harassment investigations and policies
By Camille H. Pating
The movement created a seismic cultural shift in society’s awareness of the widespread presence of sexual harassment and assau...
Unless you have been living under a rock for the last 10 years, you know that the IRS cares a lot about offshore bank accounts.
U.S. Supreme Court, Constitutional Law
Case may provide privacy guidance
By Anita Taff-Rice
The U.S. Supreme Court's Carpenter decision may provide a valuable tool for citizens demanding greater privacy protections for...