Relegating the proactive functions of the organized bar to a voluntary bar association might endanger the State Bar's most imp...
Environmental & Energy, Administrative/Regulatory
Why cap-and-trade ruling matters
By Dave Owen
Beyond the obvious answer -- CARB can keep auctioning emissions -- the 3rd District's recent decision has several important im...
In the wake of its fake account scandal, Wells Fargo installed a new chief executive, reformed its sales incentives, and clawe...
A recent 9th Circuit decision narrowed the term "beneficiaries" under ERISA to exclude health care providers. By Robert J. McK...
Administrative/Regulatory
Bill would require Internet of Things security measures
By Sheila A. Millar, Tracy P. Marshall
Like most states, California has enacted data security and data breach notification laws to protect personal information of re...
Probation officers may search cellphone and computer activity if it's pursuant to a probationary term reasonably related to po...
We've all run across an appeal that seems frivolous. But while some appeals may be losers, not all loser appeals are frivolous...
Tax, Corporate, Administrative/Regulatory
Suspended nonprofits may be caught off guard by order
By Steven Chiodini
Last month, the California secretary of state posted a list of approximately 5,000 suspended or forfeited nonprofit corporatio...
Administrative/Regulatory
Proposed bill could politicize the US Copyright Office
By Kimberly A. Warshawsky
The bill would make the Register of Copyrights, an appointed position, to be nominated by the president and confirmed by the S...
Environmental & Energy, Administrative/Regulatory
New GHG rule for oil and gas facilities
By Shannon S. Broome, Daniel Grucza
The California Air Resources Board approved greenhouse gas emission standards for crude oil and natural gas facilities.
Presiding Juvenile Judge Annemarie Pace collaborates with kids, families for best outcomes.
Immigration
When arriving from abroad, do you have a right to an attorney?
By William L. Coffman, Daniel J. Herling
Entering the United States has become a brave new world of border inspections and electronic device examination.
Now that the Trump University litigation has settled, some ask why California does not prohibit the use of "college" or "unive...
Constitutional Law
Tattoo artist can bring First Amendment challenge
By Karen A. Henry
James Real brought a civil rights action against the city of Long Beach, claiming the city's zoning ordinances impinge his Fir...
Labor/Employment, Constitutional Law, Civil Rights
Does Hewlett-Packard's diversity initiative violate Title VII?
By Tamara M. Kurtzman
The company's "diversity holdback" mandate, which threatens to withhold up to 10 percent of an outside law firm's invoiced fee...
The 7th Circuit said Title VII prohibits an employer from discriminating on the basis of sexual orientation -- the first feder...
California Courts of Appeal, Administrative/Regulatory
State Ellis Act trumps local tenant-relocation ordinances
By C. Danny Wang
San Francisco landlords may breathe a sigh of relief -- tenant-relocation payments won't be dramatically increased when they e...
As one insurer recently found out, risk-shifting provisions in their policies — specifically, one which seeks to shift the cos...
With the continuing popularity of donor-advised funds and with the issuance of regulations regarding the operation of such fun...
Whatever the future holds for Supreme Court nominees, both sides will have to live with the consequences of the end of the fil...
Judge Elaine Lu balances efficiency and thoroughness in an LA court with 15K pending cases.
Labor/Employment
IRS memos aren't final word on 401(k) hardship distributions
By Edward M. Bernard, Elizabeth J. Masson
Employers and plan administrators may not rely on or cite the IRS memorandum as legal authority -- it is not a pronouncement o...
Appellate Practice
Recent ruling clarifies two key wage statement questions
By John C. Kloosterman
One of the most contentious areas of litigation between California employees and employers involves what's listed on the emplo...
Better late than never rarely applies to appeals -- failing to raise issues during trial can be determinative. ...
The plain truth is that sheriffs are not enforcing immigration law on our streets despite accusations that we are. By Donny Yo...
With the confirmation of Justice Neil Gorsuch to the Supreme Court -- the Constitution, the rule of law and the American peopl...
Senate Democrats did not filibuster Judge Neil Gorsuch to stop his confirmation - they did it to express a protest message tha...
Perspective
Go directly to MFAA: Do not stop at court; do not collect $200
By Jonathan A. Goldstein
While participation is voluntary for the client, attorneys must participate in this forum if the client so elects to proceed u...
Law Practice, Law Office Management
Protect your firm from partner departures
By Daniel O'Rielly, Dena Roche
Well drafted partnership agreements lessen the likelihood that top partner talent will depart the firm. ...
Creditors' access to trust distributions
By Mark J. Phillips, Sevag P. Kechichian
A recent case asked whether and when a bankruptcy estate can access a beneficiary's interest a spendthrift trust. By Mark J. P...