Perspective
Amendment not likely to be a cure for employers' problems with PAGA
By Emily Burkhardt Vicente
In recent years, California employers have faced on onslaught of PAGA lawsuits alleging technical violations of the California...
Attorneys talk too much. Some will consider this heresy, but we all know it's true. By Michael P. Masuda ...
Judges often describe the process of evaluating potentially harmful and potentially beneficial factors in antitrust litigation...
Mergers & Acquisitions, Law Practice, Law Office Management, Ethics/Professional Responsibility
The biggest mistakes in law firm mergers
By J. Randolph Evans, Shari L. Klevens
There is no end in sight to the law firm mergers that continue to dominate the news of the legal industry. ...
Criminal, 9th U.S. Circuit Court of Appeals
Death penalty appeals system can and should change
By Lawrence Waddington
Several troubling issues arose recently when a 9th Circuit panel reversed a district court decision invalidating the Californi...
The Copyright Act was designed to promote artistic expression, but it now often inhabits creativity by discouraging artists fr...
The Supreme Court is considering whether our second chief justice was mistaken when he said "where there is a legal right, the...
Constitutional Law
Supreme Court's Johnson decision has enormous implications
By Erwin Chemerinsky
The high court declared an Armed Career Criminal Act provision unconstitutional on vagueness grounds.
Construction
Despite development, plenty of room to grow in downtown L.A.
By Alan N. Nevin
There are 100 projects underway in downtown Los Angeles, and they are all monumental. By Alan Nevin ...
Civil Litigation
New summary adjudication rules have limitations, too
By Ari J. Stiller
What do you do when the determination of a legal issue could help resolve your case but won't entirely dispose of the case or ...
Beware 'taking the Fifth' on your returns
By Robert W. Wood
It is never good to have a legal argument called 'frivolous.' This is even truer when it comes to taxes. ...
U.S. Court of Appeals for the 9th Circuit
The law sheep grazers love to hate
By Stephen R. Miller
Over the past several decades in Idaho, a power alliance between government and business has formed with only one outlier — th...
U.S. Supreme Court, Constitutional Law, Civil Rights
Kennedy's marriage opinion points the way forward
By Laurence H. Tribe
The Obergefell opinion is the culmination of a decades-long project to enshrine the notion of dignity into the very cor...
If Democrats and Republicans can agree on anything, it's that we don't want government interference in the consumer market, as...
Corporate
Facebook decision reinforces importance of corporate formalities
By Marc Boiron
A recent Delaware case dealt with whether a disinterested, controlling stockholder's ratification of a board action can lower ...
The answer to whether an employee can be fired while on FMLA is familiar to employment attorneys: maybe. By Luis Cardenas ...
There are numerous situations where sharing a portion of a mediation brief with opposing counsel can be useful. By Lou Marlin ...
Most companies typically schedule their annual holiday party without putting too much thought into the risks and possible liab...
The recent classification of "processed meats" as carcinogenic could have implications for California's right-to-know statute....
Many words in the Constitution are hard to interpret. But at least you know what the word "and" means. Or do you? By Samuel L....
Insurance, Ethics/Professional Responsibility
Jettison high malpractice premiums
By J. Randolph Evans, Shari L. Klevens
Despite popular opinion, law practices can do things to lower the cost of their legal malpractice insurance. ...
With 4,363 veterans sleeping on the streets or in shelters every night, Los Angeles County has more homeless veterans than any...
No matter how patriotic you are, and no matter how pristine your books, no one wants to be audited. By Robert W. Wood ...
U.S. Supreme Court
Courts must consider all class members, not just the 'average' member
By Richard A. Samp
Far too many courts have certified plaintiff classes in cases far from what the drafters of the FRCP had in mind. By Richard S...
Labor/Employment
In many states, the Supreme Court's Friedrichs decision won't matter
By Daniel Hemel
Regardless of the court's decision, public sector unions in many states will still be able to be reimbursed for representing n...
Labor/Employment, Government, Admiralty/Maritime
FEHA amendment will cause problems for employers
By Thomas L. Dorogi
AB 987, signed this year, amends California's Fair Employment and Housing Act, to prohibit retaliation against an employee for...
Perspective
New law will level playing field for Section 998 offers
By Karen R. Frostrom
Prior to a recent amendment, Section 998, which provides a mechanism to encourage pre-trial settlement, favored defendants. By...
For the second time, researchers have discovered a large number of Apple apps that collect personally identifiable information...
On Tuesday, the Supreme Court hears arguments about whether the government can prevent a defendant facing federal criminal cha...
California Supreme Court
Can a juvenile prosecution begin with just a grand jury indictment?
By Cyn Yamashiro
People v. Arroyo, argued last week, presents the state Supreme Court with an opportunity to California's juveile crimin...