Last month, "Evicted" received the 2017 Pulitzer Prize for general nonfiction and it is on the New York Times 10 Best Books of...
Labor/Employment, Criminal
For sexual misconduct, a higher standard for law enforcement
By Brian S. Kabateck, Doug Rochen
A narrow exception has been carved that gives sex victims a path to recover the full measure of civil compensation against the...
Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
State secrets trump all
By Elizabeth M. Pipkin
The pieces are already in place for the government to avoid review of its actions against Muslims -- or anyone else.
State Bar & Bar Associations
Whittier could have weathered the storm
By Stephen F. Diamond
California, a national leader in the attempt to create a gateway for minorities into the legal profession, can ill afford to l...
Intellectual Property, 9th U.S. Circuit Court of Appeals
Copyright Act statutory damages in age of the internet
By Paul Goldstein, Joyce Liou
Because Congress did not contemplate secondary liability for copyright infringement on a massive scale, internet service provi...
Labor/Employment
Important lessons regarding reasonable accommodations
By Christopher W. Olmsted, Charles L. Thompson IV
It's risky business to modify accommodation programs for temporarily disabled employees.
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 -...