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 ...
No matter how prepared one is, sometimes new information still comes out for the first time during the mediation.
Ethics/Professional Responsibility
Imputation of conflicts of interest (Rule 1.10)
By Alison Buchanan
Among the new proposed Rules of Professional Conduct, Rule 1.10 represents, at least in part, a significant shift for Californ...
Law Practice, Health Care & Hospital Law, Administrative/Regulatory
Killing HIPAA
By Craig B. Garner
Today's war to save health care must make some difficult decisions. Seemingly drastic at first blush, getting rid of he Health...
Health Care & Hospital Law, Family, Administrative/Regulatory
Health care reform could have big impact on fertility treatment
By Evie P. Jeang
Although the Affordable Care Act is still in place for now, the future of health care in the U.S. is uncertain. That uncertain...
State Bar & Bar Associations
...and justice for (those who can afford it)
By Jonathan A. Goldstein
Nineteen years ago California voters set in motion the dismantling of our state's judicial system and the resulting transfer o...
Law Practice
California loses with a politicized attorney fees system
By Richard A. Schulman
As a recent opinion shows, the private attorney general fee award is an asymmetric fee system.
Law Practice, State Bar & Bar Associations
Bar passage and social justice at Whittier
By Neil H. Cogan
Despite what some reports are saying, Whittier Law School is not closing because its students failed to satisfy the ABA's bar ...
Transportation, Administrative/Regulatory
Who controls low-altitude airspace?
By Jared Greenberg
The confusion stems from the FAA's position that the notion it does not control airspace below 400 feet is a "myth." ...
Law Practice, Labor/Employment
Age discrimination persists as federal law turns 50
By David Yeremian
The Age Discrimination in Employment Act became law in 1967, but make no mistake: age discrimination is alive and well today. ...
The tribal sovereignty ruling, like the 19th century duo, the case explores ground already covered but has a dramatic impact.
Criminal, California Supreme Court, State Bar & Bar Associations
Prosecutor rule edit reflects concerns
By Gary Schons
It was fitting the that the California Supreme Court's first order responding to the proposed revisions to the Rules of Profes...
Law Practice, Ethics/Professional Responsibility
Don't let conflicts of interest get you down
By J. Randolph Evans, Shari L. Klevens
After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...