Appellate Practice
We must break free from writing like, well, lawyers
By Jeffrey M. Fisher
In law school we struggled to grasp old, cryptic, monolithic judicial opinions. And many lawyers, trained to read those opinio...
Your reply brief might turn out to be the most important vehicle for influencing an appellate court. A few judges think the re...
The governor rightly vetoed AB 1766 — which would prohibit a criminal court and each party from referring to prospective juror...
If the court doesn't provide one, bring your own. There are alternatives, but they're rather unappetizing. By Paul Kujawsky ...
California Supreme Court
Bristol-Myers: Ruling thwarts divide and conquer strategy
By Sharon J. Arkin
The real motivation in challenging jurisdiction is not because litigating here would be difficult or unfair; the real motivati...
California Supreme Court
Bristol-Myers: Expansive view of PJ undermines precedent
By Paul F. Utrecht
Without jurisdictional limits, the confines of due process will be eroded and the predictability of litigation will be replace...
I am a strong proponent… No, I need a more forceful adjective. How about "obsessive"? Yes, …an obsessive proponent, advocate, ...
Data Privacy
Human error is your business' biggest cybersecurity risk
By Eileen R. Ridley
The greatest threat to a business's cybersecurity isn't hackers, viruses or malware — it's employees unknowingly clicking on r...
Government
Alameda processing food stamp applications faster after lawsuit
By Thomas V. Loran III
One firm's pro bono efforts resulted in a 750 percent increase in Alameda County's food-stamp processing timeliness.
Before speeding ahead into the world of autonomous technology, legislatures need to take a critical look at what a driverless ...
Perspective
Patent program for cancer treatments has its downsides
By Courtenay C. Brinckerhoff
The U.S. Patent Office's new Patents 4 Patients Program, which offers expedited examination of certain cancer treatment patent...
U.S. Supreme Court, 9th U.S. Circuit Court of Appeals
We don't need the 9th Circuit to retry criminal cases
By Lawrence Waddington
The U.S. Supreme Court ended its recent term by filing five reversals of the 9th Circuit. Added to other 9th Circuit cases rev...
A recent Supreme Court decision resolves more than a decade of conflict over whether the state is required to reimburse cities...
Federal and state courts have long struggled with the role that arbitrators should play in determining whether an arbitration ...
Labor/Employment, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
State high court will likely adopt federal de minimis rule
By Felix Shafir
The 9th Circuit recently asked the California Supreme Court to answer whether the federal "de minimis rule" for wage actions ...
Solo and Small Firms
Southern California real estate firm boasts decades of experience
By Tori Richards
Irvine firm specializes in land use transactions, helping to build Southern California's communities ...
Labor/Employment, California Supreme Court
Just how far does an employer's duty of care extend?
By Kirk C. Jenkins
Should the tort duty of care owed by an employer extend beyond the employee -- such as to an employee's nephew or frequent hou...
Government, 9th U.S. Circuit Court of Appeals
No-fly list ruling is a limited victory for pro bono lawyers
By Chet Kronenberg
The 9th Circuit ruled on Tuesday that courts determining whether governmental conduct was "substantially justified" for the pu...
U.S. Court of Appeals for the 9th Circuit
9th joins 7th in striking class action waiver
By Zareh Jaltorossian
A decision last month is leading some to wonder whether we're witnessing an emerging judicial reluctance to enforce class acti...
Can a juvenile court "remove" a child from a parent with whom the child does not reside? What would that mean, and why would a...
Environmental & Energy, Administrative/Regulatory
State control of federal land
By Michael J. Sherman
Users of federal land, take note: You should no longer doubt the state's power to regulate, or even prohibit, specific land us...
Law Practice, Ethics/Professional Responsibility
Perils of attorney social media use keep widening
By Natalie P. Vance
Social media can be a great resource for investigating parties and witnesses, forging a brand and promoting a practice. Howeve...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Tips for avoiding a State Bar complaint
By Heather E. Abelson
Because most lawyers would prefer to visit bars to sip cocktails and not defend against client complaints, there are steps law...
Perspective
Stanford rape leads to legislation
The Legislature recently sent Assembly Bill 2888 to the governor's desk. If signed into law, it would close a loophole in Cali...
In Derek S. Jeter v. RevolutionWear, Inc., the Delaware Court of Chancery addressed issues that arise when a director...
Employer expanded responsibility for worker commutes
By Brian S. Kabateck, Doug Rochen
Courts continue to carve-out exceptions to hold employers responsible for events occurring within the scope of its employees c...
Not just through episodic, informal commentary that occurs between client and firm, but rather through a more disciplined, ana...
Labor/Employment, Government, California Courts of Appeal
A right to future (reasonable) pension benefits
By Isabel C. Safie
In a decision issued earlier this month, a California appellate court ruled that future pension benefits of current public emp...
The NLRB's recent finding that teaching assistants are entitled unionize reverses a decision by Bush's board. Which reversed a...
Last week, California cemented its role as an international leader in the fight against climate change. The Legislature passed...