Government, Administrative/Regulatory
Citizen pathway for raising drug approval concerns gone astray
By Robin Feldman, Prianka Misra
FDA citizen petition abuse is an instrumental anti-competitive tool that pharmaceutical companies use to delay market entry of...
Health Care & Hospital Law, Family
A library for legal disputes over child vaccination
By Dorit Reiss, Stanley A. Plotkin
What happens when parents are split on whether to vaccinate a child?
Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals
A tale of three presumptions in trademark cases
By Brian M. Wheeler
The legal presumption of irreparable harm in Lanham Act cases may have been retired, but a 9th Circuit case suggests the logic...
Labor/Employment, Civil Rights, California Supreme Court
Counseling employers on wage matters after Alvarado v. Dart Container
By Arthur F. Silbergeld, Tristan R. Kirk
Numerous articles have been have focused on the correct method of computation when a flat-sum bonus is paid and the retroactiv...
Civil Litigation, 9th U.S. Circuit Court of Appeals
California anti-SLAPP in the 9th Circuit: Can it survive?
By Gary A. Watt
A recent 9th Circuit decision aptly illustrates the uncertain future of California’s anti-SLAPP statute in federal cases.
U.S. Supreme Court, Civil Litigation, Labor/Employment, California Courts of Appeal
After Epic Systems, you can almost hear the vibranium humming
By Eric B. Kingsley
In the wake of the U.S. Supreme Court's recent decision upholding agreements to individually arbitrate wage-and-hour claims, C...
Constitutional Law
@realDonaldTrump: You can’t block people
By John T. Nockleby, Sherene Tagharobi
The recent ruling in the Trump Twitter-blocking case itself is a clear First Amendment victory in a legal sphere just beginnin...
Civil Litigation, Law Practice, Appellate Practice
Thinking of dissolving your firm? Read this first.
By Audra Ibarra
Breaking up is hard to do. This is as true for law firms as is it is for couples.
Letters, Government, Constitutional Law
Don’t look to the courts for social change
By Richard A. Nixon
In his May 18 column, “Ronald K. Nickens asserts that the Senate Judiciary Committee must not elevate these two nominees becau...
Letters, Judges and Judiciary
Clarifying an issue in judicial races article
By Arthur A. Harrison
I wish to clarify one issue in the May 23 article, "Several state judicial races marked by personal attacks."
A proposed state-level estate tax to raise money for college tuition won't live up to its name, the College for All Act of 2018.
U.S. Supreme Court, Civil Litigation, Entertainment & Sports, Constitutional Law
Gambling in America: The floodgates are open
By Dennis M.P. Ehling
The U.S. high court's recent sports betting ruling is sure to cause a flurry of activity in state legislatures across the cou...
Civil Litigation, Alternative Dispute Resolution
Arbitration with the stars
By Steven H. Kruis
A movie star and a production company agreed to make a movie and signed a contract with an arbitration clause.
Law Practice, Ethics/Professional Responsibility
Don’t lose sight of ethics when using social media
By Shari L. Klevens, Alanna G. Clair
It’s safe to say that social media use by attorneys and law firms will only continue to grow as younger generations take the r...
Several Bankruptcy Courts have allowed trustees to recover property held or transferred by non-debtor third parties via "de fa...
U.S. Supreme Court, Civil Litigation, 9th U.S. Circuit Court of Appeals
What chaos will ensue if legislation to reject arbitration passes?
By Lawrence Waddington
Arbitration critics are cognizant that amending, diluting or ending arbitration in California may suffer reversal under U.S. S...
Law Practice
Lawyer as juror: an esquire’s view from the other side of the rail
By Andrea Niven
A few weeks ago, summons in hand, I walked into the jury room of Clara Foltz Criminal Justice Center figuring I would simply b...
Law Practice, California Supreme Court, State Bar & Bar Associations
Attorney re-fingerprinting story is quite disturbing
By Nathaniel J. Friedman
The critical paragraph reads “Many of the state’s 190,000 active lawyers must be re-fingerprinted because for more than 25 yea...
U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court
California’s halting retreat from the arbitration tug of war
By Steven B. Katz
In Epic Systems, we were treated to the rare spectacle of the California Supreme Court accurately anticipating the U.S. Suprem...
Insurance, 9th U.S. Circuit Court of Appeals
Preexisting condition doesn’t preclude coverage
By Robert J. McKennon
The 9th Circuit ruled that if an insured with a preexisting medical condition gets in an accident, but the condition does not ...
Labor/Employment
When #metoo is #yotambién: Protecting Non-Native English Speakers in the Workplace
By Beth A. Schroeder
In the wake of #MeToo, as employers are striving to reform their harassment policies, they should bear in mind that harassment...
Civil Litigation, Intellectual Property
What’s different about early case assessment in trade secrets cases
By Jordan D. Grotzinger
Litigants value early case assessment by their law firms for obvious business reasons. This exercise is uniquely important in ...
Law Practice, Contracts
Five essential provisions of an influencer agreement
By Lindsay Gehman
Written influencer agreements allow the advertiser and influencer to get on the same page about expectations and risk allocati...
Immigration, Government, Entertainment & Sports, Constitutional Law
Sports betting ruling and sanctuary cities
By Jonathan Wood
Undoubtedly, California will cite the case to shield against the United States’ lawsuit challenging the state’s sanctuary citi...
While to date there has been relatively few reported cases involving cyberinsurance coverage disputes, there has been much lit...
Administrative/Regulatory
Potential new liability regime for credit reporting agencies
By Jonathan C. Sandler, Rosanna Carvacho
The California Legislature is considering enacting Assembly Bill 1859, which would impose substantial new security obligations...
Criminal, Constitutional Law, California Courts of Appeal
DUI cases and exceptions to the warrant requirement
By Frank M. Loo
This month, two cases discussed informing DUI defendants of the right to refuse blood testing and the consequences of a refusal.
Letters, State Bar & Bar Associations
Time for the State Bar to ditch the MBE
By Ira L. Shafiroff
Any lawyer who has practiced more than six months knows that the MBE tests no such skills.
Transportation, Tax
What impact will the new tax law have on business aviation?
By John T. Van Geffen
The Tax Cuts and Jobs Act has quickly reshaped business and individual tax incentives for aircraft usage.
Real Estate/Development, Government, Administrative/Regulatory
Costa-Hawkins and the future of rent control in California
By Joseph Tobener, Rahman Popal
It is not a coincidence that the effort to overturn the law comes in the wake of an unprecedented housing crisis.