Law Practice, Appellate Practice
A waste of limited judicial resources
By Jonathan A. Goldstein
Published appellate decisions that abandon common sense highlight the problem of justices who either are too inexperienced or ...
Criminal, Constitutional Law, State Bar & Bar Associations
Modifications to proposed prosecutor rule will have consequences
By Michael Ogul, Laurie L. Levenson
What some prosecutors fail to recognize is that there is no materiality requirement under existing California law reg...
Intellectual Property
When memes make you (or Jordan) cry
By Sam Iverson, Tim Rawson
If Michael Jordan is heading for the tissues over his "Crying Jordan" meme, he would have an arsenal of legal weapons at his d...
Given the amendment is rarely enforced, the order seems more of an effort by Trump to convince his base that he is getting thi...
Civil Litigation, California Supreme Court
High court ruling clarifies anti-SLAPP in discrimination suits
By James Azadian, Cory L. Webster
The holding is perhaps best explained by considering the alternative: A win for the defendant would likely mean all discrimina...
Labor/Employment, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
USC football wages ruling may not be final word
By Adriana Cara
Last month, a California federal district court granted the defendants' motion to dismiss claims for unpaid wages brought by a...
In 2017, the Internal Revenue Service will be about 20 percent underfunded compared to 2010, in constant dollars.
Health Care & Hospital Law, Government, Administrative/Regulatory
Health care is too complex for this quick fix
By Craig B. Garner
It is preposterous to believe the AHCA can replace not just the 906-page ACA, but also the tens of thousands of regulatory cla...
Unfortunately, their testimony is not just inconsistent, but irreconcilably contradictory.
Labor/Employment, Administrative/Regulatory
Is California moving toward completely 'blind' hiring?
By Gina M. Roccanova
Assembly Bill 168 would prohibit California employers, including public sector employers, from requesting information about a ...
Most people know marriage is supposed to be forever, but few realize divorces can feel that way, too.
Law Practice, Intellectual Property, Administrative/Regulatory
Think you know craft beer attorneys?
By Daniel J. Croxall
Craft beer lawyering, while seemingly "so cool" to some lawyers, at the end of the day is just another day at the law office m...
Government
CPUC looks to take away one escape route for public utilities
By John Aiello
Utility companies should be compelled to regularly advise residential and commercial customers of their vegetation management ...
Corporate, Construction, California Courts of Appeal
Promissory estoppel claims and public works bid disputes
By Garret D. Murai
Flintco Pacific was a clear win for public works subcontractors. However, it also creates another potential battle-of-the form...
Depending upon how a particular policy is worded, an insurer may not be entitled to rely upon the rate cap.
Health Care & Hospital Law, California Courts of Appeal, Administrative/Regulatory
Health care reform and medical malpractice
By Bruce G. Fagel
Pending legislation in Congress and a recent Court of Appeal decision have created uncertainty as to what evidence can be intr...
Assembly Bill 1541, a common sense measure that will improve voir dire in criminal cases, will be heard Tuesday in the Assembl...
San Diego Judge Joan Weber takes special care to help promising juvenile offenders rehabilitate.
Government, Administrative/Regulatory
Biometric data laws are spreading across US
By Zerina Curevac
Considering the recent wave of biometric litigation, virtual and augmented reality businesses should address the privacy risks...
Intellectual Property, Corporate
Not your garden variety trade secrets case
By James Pooley
When one of the lawyers appearing at last week's Waymo v. Uber preliminary injunction hearing said it was "not your g...
Civil Litigation, Insurance
Reservations of rights undermine attorney-client trust
By Jordan S. Stanzler
James 3, the leading case on the issue, was wrongly decided -- a "Buss reservation" breaks the bonds of trust between attorney...
Attorneys may not realize that post-incident ratification can serve as a basis to impose vicarious liability as well as puniti...
A recent decision held that a defendant can introduce evidence that health benefits under the Affordable Care Act are availabl...
California Courts of Appeal, Appellate Practice
Ruling is a change of course on mandatory relief
By David J. Ozeran
The most recent appellate opinion to address "mandatory relief" under CCP Section 473(b) was authored by Justice Paul Turner -...
Labor/Employment, 9th U.S. Circuit Court of Appeals
Past salary and pay equity in the 9th Circuit
By Emily Burkhardt Vicente, D. Andrew Quigley
Is an employer who pays every new hire 5 percent more than his or her prior job lawfully setting salaries based on a "factor o...
Law Practice, California Supreme Court, California Courts of Appeal
Justices appear divided on fee clause interpretation
By Louie H. Castoria
The issue was clearly stated: "Can a party's assertion of an affirmative-defense trigger a clause that awards attorney's fees ...
Senate Bill 258, the Cleaning Product Right to Know Act of 2017, would require that chemicals used in everyday cleaning produc...
Law Practice, Appellate Practice
No anti-SLAPP jurisdiction, no problem
By Charles M. Kagay
The California Supreme Court had an opportunity to wrestle with ancient Greek paradoxes in a unique anti-SLAPP/attorney discip...
We have 800 and some days left in Jerry Brown's tenure to get this message to him. If anyone should be granted clemency, why a...
San Diego County Judge Kenneth So goes out of his way to make attorneys, jurors comfortable ...