U.S. Supreme Court, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Workers must be able to join together to fight injustice
By Joe Sellers, Shaylyn Cochran
In each of three cases — Epic Systems Corp. v. Lewis; Ernst & Young v. Morris and NLRB v. Murphy Oil USA, Inc. — an employ...
U.S. Supreme Court, Civil Litigation, California Supreme Court
Court can clarify tolling of state law limitations
By Jason D. Russell, Hillary A. Hamilton
In Artis v. District of Columbia, the U.S. Supreme Court will get a chance to clarify a federal statute of limitations law gov...
U.S. Supreme Court, Criminal, Constitutional Law
4th Amendment should protect cellphone data
By Marianna Khoury
Do you carry a cellphone? If so, the U.S. Supreme Court is about to decide a case that could affect your privacy rights: Carpe...
U.S. Supreme Court, Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
Horton hears a death knell
By Kenneth D. Sulzer, Steven B. Katz
Even if the court is unwilling to hold that the FAA trumps the NLRA in a series of consolidated cases — Epic Systems Corp. v. ...
Civil Litigation, Environmental & Energy, Constitutional Law, 9th U.S. Circuit Court of Appeals
Foie gras ban injunction struck down, now what?
By Pooja S. Nair
An opinion by the 9th U.S. Circuit Court of Appeals just gave us the next chapter in a tumultuous saga surrounding California'...
Law Practice, Ethics/Professional Responsibility
All lawyers should make a habit of checking for conflicts
By J. Randolph Evans, Shari L. Klevens
After working hard to bring in a new client or a new matter, many attorneys find it difficult to accept the possibility of los...
Real Estate/Development
What's Said in the Trustee's Office Stays in the Trustee's Office
A primer on how the attorney-client privilege functions in the realm of trust administration. By Benjamin D. Fox
Government, Environmental & Energy, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
The muddy waters of the US
By Michael F. Wright
How should the 9th Circuit decide the Rapanos/Marks/Davis issues in Robertson? It should recognize that Davis’s implicit-conse...
International Law, Government, Criminal, Books
The internet and its dark doppelgänger
By Richard Wirick
A little before our recent H-bomb dustups with Kim Jong Un, we suffered an attack, if not a small war, with the mysterious lea...
Government, Banking, Administrative/Regulatory
Equifax hack exposes some serious regulatory cracks
By Anita Taff-Rice
The Fair Credit Reporting Act does not require the same level of privacy and security measures by credit bureaus as it does of...
Environmental & Energy, Corporate, Administrative/Regulatory
Child product regulation is test case for all manufacturers
By Karen M. Sullivan, Stephanie Rothberg
U.S. Supreme Court, Administrative/Regulatory
Hack may be first major test of Spokeo ruling
By Everett Monroe
This will be the first major data breach case to address the implications of standing that resulted from the Supreme Court’s d...
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...