If a ruling last week finding an Uber driver to be an employee rather than an independent contractor is a sign of things to co...
Congress, judges diverge on remand review
By Peder K. Batalden, John F. Querio
Congress has barred review of remand orders, but many federal judges seem to feel differently.
Alternative Dispute Resolution
Don't forget critical eleventh-hour issues
By Jan Frankel Schau
It happens frequently. It is late, and the clouds seem to part in a hotly contested employment mediation. Settlement appears l...
Corporate, Constitutional Law, Administrative/Regulatory
Fairness of SEC forum is dubious
By Thomas A. Zaccaro, Nicolas Morgan
The SEC has increasingly filed actions before its own administrative law judges - where it has a Harlem Globetrotters-like win...
Environmental & Energy, Administrative/Regulatory
User's guide to California water rights
By Kathryn L. Oehlschlager
Environmental lawyer Kathryn Oehlschlager provides a user's guide to California's priority system, curtailment, voluntary cutb...
Package delivery's 'seismic' situation
By Robert W. Wood
In the wake of a 2014 9th Circuit decision, FedEx has reached a $228 million settlement with drivers who said they were miscla...
Entertainment & Sports, Administrative/Regulatory
St. Louis picked off trying to steal?
By Mary Ellen Callahan, Emily Bruemmer
The St. Louis Cardinals may catch some chin music after reports that federal law enforcement is investigating whether Cardinal...
Tech companies are increasingly adopting encryption schemes that allow only the sender and the receiver of the communication t...
Criminal, Constitutional Law, Civil Rights
The rights of transgender prisoners
By Sanford Jay Rosen, Aaron J. Fischer
U.S. District Judge Jon Tigar got it right when he said California must provide sex-reassignment surgery to a prisoner.
It is important to know which considerations can prompt a judge to decide that a line of precedent should have an endpoint.
What exactly does 'constitutional' policing mean, and will it work?
U.S. Supreme Court, Constitutional Law
Killing a check on the executive branch
By Erwin Chemerinsky
For the first time in American distory, the U.S. Supreme Court recently declared unconstitutional a statute limiting president...
Civil Litigation
New state high court not looking good for employers
By Timothy D. Reuben, Michael Hirota
The newly constituted state Supreme Court has given an unmistakable signal that it has moved to the legal left and is a pro-em...
Environmental & Energy
Little fracking risk, despite EPA disclaimers
By Jeffrey Dintzer
A long-awaited study by the EPA found no evidence that hydraulic fracturing has had widespread, systemic impacts on drinking w...
California courts have refused to find a duty to protect absent both a "special relationship" with the plaintiff and "actual k...
Environmental & Energy
New water rule isn't the end of the story
By Joshua A. Bloom, J. Thomas Boer
The EPA recently announced its definition of "waters of the United States," and litigation seems likely to follow. By Joshua A...
U.S. Supreme Court, Labor/Employment, Constitutional Law, Civil Rights
Guarding the liberties of religious Americans
By John-Paul S. Deol, Harmeet K. Dhillon
A half-century after the enactment of Title VII , the Supreme Court has finally provided a bright-line rule to assist in enfor...
Law Practice, Judges and Judiciary
Every lawyer's free (to wear sunscreen)
By Richard Mosk
Richard Mosk gave the swearing in speech in Pasadena Thursday for the bar's newest members. Here's what the justice had to say...
The idea of balance, harmony and a connection to nature is central to the Navajo belief system. Balance is also important in m...
Letters, Civil Rights
Column on sex change surgery for prisoner misses the question
By Sanford Jay Rosen
As an author of an amicus brief to be filed in the case, and a regular reader of the Daily Journal, I must respond to Mark Pul...
Government, Administrative/Regulatory
Help forestall rent control calamities
By Robert Steven Harrison
Understanding more about how local rent control interact with state eviction laws may help attorneys, judges and lawmakers ste...
In yet another potentially pro-employer case, the high court is considering whether "cutting off the head" of a class - i.e., ...
Lawyers tend to load their briefs with lots of cases to look impressive. The result can be an unreadable mess.
What if, in a single case, two canons of construction each require a different result? This question may underlie a criminal s...
Administrative/Regulatory
Bill will not provide relief for businesses recording calls
By Edward D. Totino
It is clear that California's Invasion of Privacy Act needs reform. Unfortunately for most businesses, AB 925 will not provide...
Can employees be on call on break?
By Jessica M. Di Palma
A pending case will test the state Supreme Court's facility in addressing the effects of rapidly changing technology in the wo...
And direct appointments to the bench are fine.
Here is a radical concept: We should go away from those criminal justice approaches that don't work, and implement the ones th...
Civil Litigation, Family
Celebrity embryo dispute could yield long-awaited precedent
By Judith Daar
Actress Sofia Vergara and former fiancé Nick Loeb are in a custody over two frozen embryos created during the couple's now-def...
The news of late has been replete with stories of death at sea as refugees make their way to Europe, but there is also a crisi...