Tax, Government, Constitutional Law
States should be subject to suit in other states
By Erwin Chemerinsky
The facts of Franchise Tax Board show that those injured by a state entity should be compensated, and such liability is crucia...
On May 7, an IRS branch chief told an ABA gathering that final regulations relating to these rules could be released within th...
The most common sin of litigators is overextending themselves — making unnecessary assertions or committing to untenable posit...
Appellate Practice
Appellate oral arguments should stress justice, not case law
By Myron Moskovitz
The best appellate oral argument themes are short, powerful ideas that sum up the justice of the cause and hit the judges in t...
Perspective
Safety for All Act: This November, Californians will have the opportunity to stand up for smart gun laws
By Ari Freilich
The Safety for All Act is a common-sense reform that stands for the declaration that human life and freedom from fear of wonto...
Constitutional Law
Safety for All Act: California voters should reject Newsom's gun control initiative
By C.D. Michel
Lt. Gov. Gavin Newsom's self-serving gun control initiative is not the way to solve the problem of violent crime in California...
Administrative/Regulatory
Greener pastures ahead for class action bar
By Richard Gottlieb
On May 5, the federal Consumer Financial Protection Bureau proposed rules that will, if adopted, provide a decisive blow to co...
Constitutional Law
This November, Californians will have the opportunity to stand up for smart gun laws.
By Ari Freilich
The Safety for All Act is a common-sense reform that stands for the declaration that human life and freedom from fear of wonto...
Litigation & Arbitration
Class arbitration certification: for the court or the arbitrator to decide?
By Deborah Crandall Saxe
The state Supreme Court is poised to decide whether an arbitration agreement permits class arbitration is a question for the a...
Family, California Courts of Appeal
The cost of failing to preserve the record in family court
By Claudia Ribet
Appellate lawyers often say "if it is not the record, it didn't happen." The takeaway: make an adequate record. ...
Properly documenting the board's "business judgment" for both internal and external consumption should increase the probabilit...
Ethics/Professional Responsibility, California Courts of Appeal
Law firm pressed about its press release
By Wendy Chang
A recent Court of Appeal decision confirms that the fair report privilege applies to law firm press releases. ...
Environmental & Energy, Administrative/Regulatory
Will San Francisco's private commuter shuttles be shut down?
By Kathryn L. Oehlschlager, Arielle O. Harris
A San Francisco judge dismissed a legal challenge to San Francisco's commuter shuttle pilot program, but the fight is not over...
Although fighting venue may be a good option in some patent infringement cases, embracing the venue and leveraging its advanta...
On Tuesday, Gov. Jerry Brown signed a bill that will increase access for the disabled while also working to reduce some of the...
Constitutional Law
Education funding: Minimum school funding level is properly established by the Legislature
By Michelle L. Cannon
Our Constitution requires that a quality education be provided to our students, but the Legislature alone is responsible for s...
Education
Education funding: What's a right if no guarantees on the quality of that right?
By Roy A. Combs
Refusing to set a minimum qualitative level of education turns the constitutional right to an education — which should be prot...
Virginia's former governor, Robert McDonnell, is asking the Supreme Court to authorize a new kind of poll tax on another right...
For many years, litigants have had original federal court jurisdiction for patent, trademark and copyright cases, while trade ...
Perspective
Rule change would significantly expand surveillance authority
By Alan Butler
What if I told you that the U.S. Supreme Court's most significant digital privacy ruling this year is not decision in a high p...
Litigation
After a lawyer's challenge, PUC reopens power plant settlement
By Marty Graham
The California Public Utilities Commission has reopened a settlement over a failed nuclear power plant following persistent ch...
Family
LA board must harmonize child welfare with fair treatment of its employees
By Christopher David Ruiz Cameron
The Los Angeles County Board of Supervisors can and should adopt whatever reforms are necessary to ensure that the Department ...
One of the benefits of liability insurance is, of course, the fact that an insurer has an obligation to fund reasonable settle...
California lawmakers are considering fining jurors caught violating court orders not to Google — or consult with or post on Fa...
The U.S. Supreme Court will soon decide whether laches may bar patent infringement claims brought within the Patent Act's six-...
A careless clerk foiled Amazon's attempt to scrub the public record of evidence it knew about unapproved charges by minors. By...
One of the most common arguments between taxpayers and the IRS continues to be how post-mortem events affect an asset's value ...
So how about taking a tax deduction for all that stuff in your closet that you only bought because you needed it for work? Aft...
No published case law less than 50 years old exists on whether sub rosa video footage may be protected as an attorney work pro...
Corporate
Plaintiffs like filing securities actions in our state courts
By Priya Cherian Huskins
State courts offer plaintiffs advantages over federal courts in Section 11 securities actions. By Priya Cherian Huskins ...