Constitutional Law, 9th U.S. Circuit Court of Appeals
Is California’s ‘open carry’ law next on the chopping block?
By Ara R. Jabagchourian
This week, the 9th Circuit struck down a similar law in Hawaii.
There are only about 200 words in the English language borrowed directly from Sanskrit, including three of my favorites: pajam...
It’s easy to remember wages, since you receive a Form W-2. Yet a variety of events can give you taxable income even though you...
U.S. Supreme Court, Constitutional Law
High court should settle exaction of property issue
By Michael M. Berger
A major issue over the last several years has been application of the Supreme Court’s decisions dealing with the exaction of p...
U.S. Supreme Court, Constitutional Law
Legal right to privacy must be updated as technology advances
By Nina Marino
Social media has allowed us to be more connected, and thankfully the courts and legislature are limiting businesses and the go...
U.S. Supreme Court, Securities, Administrative/Regulatory
Ruling leaves open questions about SEC’s in-house adjudications
By Jonathan A. Shapiro, Reilly Stoler
The Supreme Court's holding in Lucia does not touch the still larger, also persistent questions of fundamental fairness -- the...
U.S. Supreme Court, Judges and Judiciary, Criminal
Judge Brett Kavanaugh on law enforcement
By Kristina Doan Strottman
Much media attention has focused on Kavanagh’s positions in cases involving abortion, health care and presidential powers, but...
Law Practice, Contracts
The not-so-powerful nondisclosure agreement
By Marwa Elzankaly
In today's world of the internet, social media and anonymous leaks to the press, NDAs can be difficult to enforce.
Health Care & Hospital Law, Administrative/Regulatory
Feds approve cannabis as epilepsy medicine in landmark ruling
By James Raza Lawrence, Allison B. Margolin
The FDA's approval signals growing acceptance of cannabis, but increasing federal control could harm consumers and the industry.
Many historians view our country as tumbling through five to six distinct eras in our two-party system. Perhaps it is time for...
Defense attorneys in California often are ignoring statutes enacted specifically to help our veterans transition back into pro...
Labor/Employment, Civil Rights
Forum offers insights on pending #MeToo legislation
By Michael H. Leb
In light of the legislative trend in this area, isn’t it reasonable to wonder whether a cause of action for bullying can be fa...
Civil Litigation, Alternative Dispute Resolution
More attorneys allowed to do international arbitrations in California
By Chris Micheli
On July 18, Gov. Jerry Brown signed Senate Bill 766 into law, adding several sections to the Code of Civil Procedure to permit...
Letters, Criminal
Law will support public safety and save tax dollars
By Alex L. Landon
Orange County Supervisor Todd Spitzer recently wrote to express his concern over Assembly Bill 1810.
Civil Litigation, California Courts of Appeal
Ruling says exclusion of '#MeToo' evidence is reversible error
By Molly M. McKibben
In overturning a defense verdict, the decision reinforces sexual harassment victims' rights to present their evidence at trial.
Law Practice, California Courts of Appeal, Appellate Practice
Avoid common mistakes to give your writ petition a better chance
By Sharon Baumgold
In my nearly 40 years as a writs attorney in the 2nd District Court of Appeal, I saw a flood of petitions that made two fatal ...
Civil Litigation, California Courts of Appeal, Appellate Practice
California civil litigators are SLAPP-happy
By Gary A. Watt, Kristine L. Craig
A survey examining the May 2017 to July 2018 timeframe revealed 220 appellate opinions (published and unpublished), with 152 f...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law
Do you really believe judges apply neutral principles?
By Robert Solomon
If you do not think those things affect Supreme Court decisions and that each of the nine justices approaches each case with a...
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.