Civil Litigation, California Supreme Court, Appellate Practice
Can you DIG it, California Supreme Court?
By Myron Moskovitz
Not long ago, the California Supreme Court came down with a rather strange decision. What was strange was not the holding, but...
U.S. Supreme Court, Labor/Employment, Constitutional Law, California Supreme Court
Collective bargaining squares off against arbitration
By Brian S. Kabateck, Natalie S. Pang
In its October term, the U.S. Supreme Court will revisit whether the collective bargaining provisions of NLRA prohibit enforc...
Civil Litigation, California Supreme Court, Appellate Practice
A paradigm shift on experts and hearsay in civil cases?
By Gary A. Watt
The California Supreme Court recently overruled its prior authority permitting an expert’s opinion to rely on case-specific fa...
Law Practice, Government, Criminal
Franklin D. Roosevelt: Special Prosecutor
By James Attridge
Civil Litigation, California Courts of Appeal, Appellate Practice
Generally, be specific when pleading your case
By David J. Ozeran
The obvious lesson to be learned from a recent ruling is that care must be taken in pleading each theory of liability a plaint...
California Supreme Court, State Bar & Bar Associations
One bar exam is enough
By Joseph Robert Giannini
The California Supreme Court should join the vast majority of other state supreme courts that have adopted reciprocal admissio...
California Supreme Court, State Bar & Bar Associations
Pass score should be a valid minimum standard
By Mitchel L. Winick
The California Accredited Law Schools have filed a letter brief with the California Supreme Court supporting lowering the mini...
Civil Litigation, Alternative Dispute Resolution, 9th U.S. Circuit Court of Appeals
Jumping the gun on arbitrability in the 9th Circuit
By Michael S. McCauley, Daniel D. McMillan
Counsel should not assume that a general choice-of-law clause will dictate what law applies to threshold arbitrability issues ...
Civil Litigation, Labor/Employment, Civil Rights, Books
How courts undermine discrimination law
By Charlotte Fishman
In their new book, Professors Sandra Sperino and Suja Thomas explain why individual cases alleging disparate treatment, harass...
Ethics/Professional Responsibility
Public relations and attorney-client privilege
By Neville L. Johnson, Douglas L. Johnson
PR firms are frequently used in entertainment litigation for many reasons, including to develop a litigation strategy or plan ...
This Sunday, September 17, 2017, is the 230th anniversary of the signing of the original version of the U.S. Constitution, to ...
Tax, Government, Corporate, Administrative/Regulatory
Charitable giving and nonprofits during disasters
By Erin Bradrick
During the last week of August, we saw Hurricane Harvey pummel parts of Louisiana and Texas, including the city of Houston, ca...
Here is a suggestion that would be a boom to workers, corporations and the economy: Abolish the income tax and replace it with...
Tax, Civil Litigation, Government, California Supreme Court
How high court ruling may lead to local tax mischief
By Marty Dakessian, Ruben Sislyan
Unfortunately, this is not a scare tactic, but a very real possibility. A city looking to impose a new tax or increase an exis...
Civil Litigation, Intellectual Property, Entertainment & Sports
Tattoos & copyright law
By Delia Ramirez
I doubt many people consider about the legal consequences attached to displaying someone’s art on their skin. However, nowaday...
Two recent amendments have important practical implications for private corporations and create a framework for significant ch...
Civil Litigation
Is a Non-Party's Contact Information Private?
When a class action litigant seeks to discover contact information for a third party--often with respect to potential class me...
Law Practice, Civil Litigation, Appellate Practice
Proposed laws would address voir dire, motion practice
By Nancy Drabble, Saveena Takhar
Two bills were sent to the governor’s desk last week reforming civil procedure — Senate Bill 658 relating to voir dire, and As...
A bipartisan bill, the CryptoCurrency Tax Fairness Act of 2017, was introduced in the House by Rep. Jared Polis (D-Colo.) and ...
Labor/Employment
Know the basics to avoid uptick in household employee claims
By Lisa A. Von Eschen
At a recent business lunch, I was surprised to hear that many attendees (most of whom are practicing attorneys) pay their chil...
Immigration, Government, Constitutional Law
DACA creators ignored APA, too
By John C. Eastman
In ordinary times, and in most courts, this suit (and the me-too suit filed by California’s attorney general on Monday) would ...
Protecting innovation in apparel fashion design has long been a challenge for Congress, which has repeatedly considered, but f...
Civil Litigation, Construction
Indemnity provisions: a powerful tool in a contractor’s toolkit
By Garret D. Murai
Insurance and indemnity provisions are the primary risk-shifting tools for owners and contractors. Sometimes, though, insuranc...
Environmental & Energy, Administrative/Regulatory
Glyphosate’s Prop 65 listing may affect everyone in the supply chain
By Amy B. Alderfer
This is likely to affect everyone in the supply chain from growers to manufacturers, to distributors to retailers.
Judges and Judiciary, Government
Every judge is free (from what?)
By Richard A. Schulman
The concept of judicial independence has been in the news a lot lately. But seldom do people ask: Independent from what? And w...
Government, Education Law, Civil Rights, Administrative/Regulatory
Changing sexual assault rules: wrong time, wrong way
By Barbara S. Bryant
Education Secretary Betsy DeVos has announced plans to modify Obama-era rules regarding campus sexual assault.
U.S. Supreme Court, Civil Litigation
Roadblocks to mass actions
By Brian S. Kabateck, Nicholas R. Moreno
In light of recent U.S. Supreme Court rulings, the plaintiffs’ bar will have to adapt its approach to national mass actions.
Civil Litigation, Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice
Skipping technicalities really can result in summary judgment
By Jens B. Koepke
Form should not win over substance. When it comes to SJ, however, that precept may not apply as much anymore.
Law Practice, Ethics/Professional Responsibility
Emails, e-fails and risks to sanity
By Louie H. Castoria
Civility aside, lawyers have professional concerns about their use and abuse of email. Here are a few.
Civil Litigation, Alternative Dispute Resolution
You got an arbitration award in California. Now what?
By Aaron B. Bloom
For many reasons, it is usually advantageous to have an arbitration award confirmed in California state court. But not always.