U.S. Supreme Court, Government
High court not likely to hear challenge to San Jose affordable housing law
By Corbin K. Barthold
At its conference Friday, the justices will consider whether to hear a case challenging the ordinance, which requires builders...
Appellate Practice
Review influential appellate decisions from this year
By Jessica M. Di Palma
The Supreme Court's 80 published decisions this year provide an initial indication of the impact the newest justices, Mariano-...
The consensus at the recent climate meeting in Paris bodes well for addressing climate change, but is it adequate? By Deepa Ba...
Insurance, Ethics/Professional Responsibility
Don't become another legal malpractice statistic
By J. Randolph Evans, Shari L. Klevens
Law practices hired by insurance companies to defend insured are no longer largely immune from malpractice claims, but panel c...
Bankruptcy
Major creditor holds out in Stockton bankruptcy case
By David S. Kupetz, Asa Hami
In the Chapter 9 municipal bankruptcy case of the city of Stockton, Franklin Funds was the only major creditor group that did ...
SB 588, which takes effect next month, will provide the California labor commissioner with substantial new powers to combat wa...
Perspective
New patent pleading standard may be barrier for plaintiffs
By Chris Schmidt
The Federal Rules of Civil Procedure were updated Dec. 1, modifying the standard for pleading direct patent infringement. Name...
The real, human stories we hear from refugees families fleeing war and persecution have no connection to the fear-driven, anti...
Civil Litigation
Despite recent efforts, UCL still does not cover securities transactions
By Peter B. Morrison
The UCL, a staple of civil litigation in California, gives a plaintiff who has lost money or property as a result of a prohibi...
Accordingly to one study, at least 78 different types of "intent" exist in the federal criminal code. They include "willfully,...
Judges and Judiciary
A conversation with a PNG Supreme Court justice
By Julie L. Kessler
Last month, I found myself in Papau New Guinea's remote Hela province. Forty years after independence, PNG is still steeped in...
Criminal
State high court clarifies proper hearsay use in mentally disordered offender hearings
By Frank M. Loo
Last week, the California Supreme Court said an expert could not rely on hearsay reports to prove a defendant committed a comm...
U.S. Supreme Court
Shapiro will affect election law docket for years to come
By Rajeev Muttreja
On Dec. 8, the U.S. Supreme Court decided the election law case, Shapiro v. McManus. Coming less than five weeks after ...
U.S. Supreme Court
California's experience shows importance of affirmative action
By Monte Cooper
Life or death for campus diversity? The U.S. Supreme Court is poised to decide whether strategies to ensure diversity on unive...
Generalizing about an entire race and saying that it is less intellectually able is the essence of racism.
Drones, once thought of as warzone killing machines, are now the stuff of Christmas list, begging the question of what rules t...
In October, Gov. Brown signed AB 1506 to help reduce questionable litigation under the Private Attorneys General Act for certa...
At its Oct. 23 public hearing, a State Bar commission voted to recommend adoption of ABA Model Rule 3.8 which sets a standard ...
Civil Rights
Surveillance of Muslim communities is already happening
By Elizabeth M. Pipkin
Many political leaders have denounced Donald Trump's recent comments that the government should target American Muslims for su...
Imagine this: The Supreme Court has granted review, and the legal community is excited that the court will resolve a important...
Healthcare/Hospital Law
What lawyers should know about the End of Life Option Act
By Toni Broaddus
When Gov. Jerry Brown signed the End of Life Option Act back in October, California became the largest state in the nation to ...
Human beings tend to rely too heavily on the first piece of information they receive when making decisions. By Steven G. Pearl...
Attorneys are often called upon to represent joint clients with common interests. Of course, joint representation is not witho...
Environmental & Energy, California Supreme Court
State high court decision may complicate CEQA process
By David P. Waite, Linda Klein
The California Supreme Court's latest California Environmental Quality Act ushers in two critical rulings affecting land use a...
Last month, the Supreme Court agreed to hear the first major abortion case since 2007. By Leslie C. Griffin ...
On Dec. 1, amendments to the Federal Rules of Civil Procedure took effect that should increase cooperation between parties, ex...
The right to travel seems pretty fundamental. Even constitutional cases uphold it. And yet, it is also clear that this right c...
Administrative/Regulatory
Big deals increasingly mean big data
By Mary Ellen Callahan, Nancy Libin
Companies on both sides of a transaction must understand what promises, legal limits and risks apply to the large data sets at...
Constitutional Law
Days may be numbered for male-only draft registration
By Ilya Somin
Male-only draft registration is one of the last bastions of open sex discrimination in U.S. government policy, but two ongoing...
Corporate
Delaware decision bolsters protections for majority shareholders
By Eric S. Waxman
Last month, the Delaware high court affirmed that it is appropriate to determine at the pleading state whether a controlling s...