U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
Zoning ordinance is a permissible police power
By Imran Khaliq
The 9th Circuit has boldly stepped into the national spotlight on this issue, placing new constitutional restrictions on the s...
U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
2nd Amendment is not a second-class right
By Donald E.J. Kilmer Jr.
In the words of Judge Tallman, a recent 9th Circuit "decision further lacerates the Second Amendment, deepens the wound, and r...
Donald Trump is not the first U.S. president who ran his own business, nor is he the first to run a business into the ground.
Labor/Employment, Government, Corporate, Administrative/Regulatory
Salary history bill will not apply to information available for public employees
By Chris Micheli
Gov. Jerry Brown signed Assembly Bill 168 last week, adding Section 432.3 to the California Labor Code primarily to preclude t...
U.S. Supreme Court, Government, Constitutional Law
Looking to Justice Kennedy in Gill
By James J. Matson
The briefs have been filed and the arguments heard in Gill v. Whitford, the blockbuster partisan gerrymandering case now befor...
Judges and Judiciary, Appellate Practice
‘Realist’ or ‘formalist’: Part 2
By Myron Moskovitz
In my last column, I discussed Judge Posner's "realist" approach to judging, contrasting it with the "formalist" approach. Now...
Law Practice
A checklist for bringing in lateral partners
By Daniel O'Rielly, Dena Roche
Many law firms today are facing the relatively new reality that growth will depend, at least in part, on bringing in talented ...
Tax, Government, Criminal, Corporate
Criminal exposure isn’t limited to personal returns
By Robert W. Wood
Civil Litigation, Insurance, California Supreme Court, California Courts of Appeal
Insurance for fire losses
By Kirk A. Pasich
During the last week, wildfires have devastated vast areas of California. While the fires have caused massive property loss, t...
Government, Administrative/Regulatory
Inside California’s new housing package
By Margo Bradish, Ofer Elitzur
Gov. Jerry Brown recently signed a long-anticipated package of 15 housing-related bills. These bills, signed Sept. 29, constit...
Civil Litigation, Intellectual Property, Entertainment & Sports
There are only 12 notes, in so many octaves
By Delia Ramirez
Ultimately, music is finite, and the repetition of themes, genres and even note sequences is inevitable. Courts need to "unblu...
U.S. Supreme Court, Intellectual Property
The genus and species of copyright
By Antonio R. Sarabia II
Justice Thomas' approach in his Varsity v. Star Athletica opinion transforms copyright applications for the designs of useful ...
Law Practice, Judges and Judiciary, Appellate Practice
Legalish: let us abolish it when we can
By Curtis E.A. Karnow
You know these words, phrases and constructions that would never be found in writing outside the law. They're used to make thi...
Government, Criminal, Administrative/Regulatory
Expand and enforce state gun laws
By Eric Siddall
As high as the current gun-related crime rates are today, they were significantly worse before California passed strict gun la...
U.S. Supreme Court, Immigration, Constitutional Law
Justices seem to agree on immigration detention limits
By Kathleen Spero
The U.S. Supreme Court started its 2017 term last week and quickly waded into the hot-button issue of immigration. The case at...
Labor/Employment, Immigration, Government, Administrative/Regulatory
Protections for immigration worksite enforcement actions
By Chris Micheli
This bill, signed Oct. 4, added Government Code Section 7285.1 to prohibit an employer (or a person acting on the employer's b...
Tax, Government, Administrative/Regulatory
Tax reform, IRS Work Plan and expedited exemptions
By Erin Bradrick
In late September, we saw the issuance of the proposed framework for tax reform and the release of the IRS Tax Exempt and Gove...
U.S. Supreme Court, Labor/Employment, Corporate, Constitutional Law
Agency shop déjà vu, again
By Arthur A. Hartinger
With the appointment of Justice Neil Gorsuch, the stage is now set for Abood to be successfully challenged, and for agency sho...
Civil Litigation, Construction, California Courts of Appeal
The original intent of the Privette doctrine
By Garret D. Murai
Lawyers are fond of their doctrines. Wikipedia lists 265 pages of legal doctrines. And that doesn't include exceptions to thos...
Transportation, Corporate, Administrative/Regulatory
Our auto recall system is seriously broken
By Jonathan A. Michaels
Last week, Nissan added its name to a long list of automotive manufacturers who have been ensnared in public controversy over ...
Civil Litigation, Labor/Employment, Government, Administrative/Regulatory
New law addresses employee retaliation action rules
By Chris Micheli
Gov. Jerry Brown recently signed Senate Bill 306, which takes effect on Jan. 1, 2018. This bill amended an existing Labor Code...
Law Practice, Judges and Judiciary, Civil Litigation
Memo to the bench: civil jury selection is different
By Antony Stuart
California judges presiding over civil trials often restrict jury selection in contravention of the law pertaining to this cri...
Labor/Employment, Insurance, California Supreme Court, 9th U.S. Circuit Court of Appeals
An agent of the insurer
By Robert J. McKennon, Stephanie L. Talavera
In a recent ruling, the 9th Circuit created a rule of federal common law in ERISA cases that follows California's employee-fri...
Letters, Judges and Judiciary
LASC is innovating in the face of budget cuts
By Daniel J. Buckley
On Oct. 2, the Daily Journal ran a "Perspectives" piece titled, "Judging is hard (even for the temporary kind)," authored by a...
Civil Litigation, Law Practice, Judges and Judiciary
Plaintiffs Trial Academy helps to shape young lawyers
By Mike Arias
This program helps connect young lawyers yearning to learn with experienced trial attorneys who are willing to share.
Consider the recent case of a Catholic priest for the Roman Catholic Diocese of San Jose. He was sentenced to 36 months in pri...
Securities, Government, Administrative/Regulatory
SEC goes after its first initial coin offering
By David W. Adams, Edmund J. Zaharewicz
On Sept. 29, the SEC issued its first civil complaint against two companies and their founder for violating anti-fraud and re...
U.S. Supreme Court, Civil Litigation, Labor/Employment, Corporate
Yellow dog contracts, ‘jiggery-pokery’ and the FAA
By Linda S. Klibanow
As Justice Breyer intimated, a Supreme Court decision allowing employer prohibitions on employee class actions would "overturn...
Civil Litigation, California Courts of Appeal, Appellate Practice, 9th U.S. Circuit Court of Appeals
Settling some settlement issues with offers to compromise
By Michael J. Rubino
Abraham Lincoln advised attorneys: "Discourage litigation. Persuade your neighbors to compromise whenever you can." Over a cen...
Civil Litigation, Judges and Judiciary
New law creates additional cause for courts to keep cases out of arbitration
By Chris Micheli
Senate Bill 33 amends Code of Civil Procedure Section 1281.2 to provide an additional instance when a court can make a determi...