The sustained automation of low- and middle-income wage jobs has given rise to a tension between the regulation of employment ...
I write in response to the article by the Judge William F. Highberger concerning arbitration. ...
Health Care & Hospital Law, Administrative/Regulatory
It's time to limit vaccine exemptions for personal beliefs
By Dorit Reiss
In 2000, the Centers for Disease Control announced the eradication of measles. But a decade later and a half later, measles ca...
I despise the aphorism, "There is more than one way to skin a cat," but it is my opening to discuss the au courant practice of...
The criminal defense attorney best known for his work on behalf of the notorious.
Concise arguments may be made using the (oft-ignored) parenthetical. ...
Alarming self-inflicted mootness ruling
By Amy P. Lally
A recent decision represents a minority approach to a common pleading defect but, should this approach become common practice,...
Government, Contracts
New laws change landscape for public projects
By Michael J. Maurer
The expansion of the law shows a continued legislative policy to close any loops that may have enabled construction to proceed...
Buyer's remorse breeds buyer's recourse
By Louie H. Castoria
Having consented to a settlement, a settling party who later develops buyer's remorse cannot simply back out of the agreement....
When can a default judgment be vacated for claimed lack of service of the summons and complaint? By Daniel Brenner ...
Who, me? Law firm partners, profits and payroll taxes
By Robert W. Wood
These days, being a partner in a law firm may not mean what it used to mean. Specifically, in law firms, at least, being named...
Civil Litigation, Appellate Practice
The line between wiretapping and quality assurance
By Donald M. Falk
Since at least the 1940s, companies have monitored telephone calls between their customers and customer-service employees. So ...
U.S. Supreme Court, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals
Fourth Amendment searches: It's about security, not privacy
By Lawrence Waddington
The constant judicial struggle to resolve individual freedom and public safety continues endlessly in state and federal courts...
Mergers & Acquisitions
Private equity PIPE dreams in 2014
By Jason Freedman, Eric Issadore
While 2014 started off with a bang for private equity, deal activity slowed after the first quarter as investors got spooked b...
Government, Administrative/Regulatory
Net neutrality's parallels to rock 'n' roll
By Pantelis Michalopoulos
Net neutrality is to the millennial online community what rock 'n' roll was to the young in the 1960s: it has changed the worl...
Civil Litigation, Alternative Dispute Resolution
Compelling arbitration: a decision tree
By William F. Highberger
Because courts must enforce arbitration agreements, with or without express class action waivers, in an almost infinite variet...
Law Practice, Ethics/Professional Responsibility
Lawyers as litigants in 2014, Part 2
By Kenneth C. Feldman, Alex A. Graft
In the second of a two-part series on notable appellate cases from 2014 affecting lawyers, we look at the statute of limitatio...
Civil Litigation
Unpacking a rare split decision on permissive joinder
By Dan Jacobson
In a rare split decision by the 4th District Court of Appeal, Division 3, the court delved into an area of civil procedure tha...
Despite the attention paid to the U.S. Supreme Court's recent decision in Teva v. Sandoz, there's an argument that it w...
Insurance, California Courts of Appeal
Decisions clarify governing rules in insurance cases
By Kirk A. Pasich
In 2014, California courts once again issued several significant decisions on insurance-related issues. Three stand out for re...
Law Practice, Ethics/Professional Responsibility
Lawyers as litigants in 2014, Part 1
By Kenneth C. Feldman, Alex A. Graft
2014 saw lawyers as litigants in several appellate cases with far-reaching implications. By Kenneth C. Feldman and Alex A. Gra...
After a long and sordid history of racial discrimination in the state, California emerged as a leader in state and judicial ac...
Insurance, California Courts of Appeal
For whom the bell tolls in medical malpractice actions
By Kirk A. Pasich
On Jan. 12, the 2nd District Court of Appeal addressed a "first impression case." While the facts were related to medical mal...
U.S. Supreme Court, Intellectual Property
Justices curious about the building blocks of software
By Ben M. Davidson
On Jan. 9, the U.S. Supreme Court invited the views of the solicitor general on whether to hear the Oracle v. Google copyright...
While convicted Californians are guaranteed assistance of counsel in an appeal, a civil litigant must fend for him or herself ...
Criminal, California Supreme Court
Is it winter in Paris for free speech?
By Mitchell Keiter
Although we causally use words like "cause" and "provoke" in everyday conversation, their precise criminal law meanings can of...
Tribal sovereign immunity has confounded and frustrated many a lawyer and jurist. It has gotten so bad that in one case, four ...
Civil Litigation, Intellectual Property
Laches in patent disputes in doubt
By Craig E. Countryman
The U.S. Court of Appeals for the Federal Circuit will decide whether laches will remain a defense to patent infringement, and...
Ethics/Professional Responsibility, State Bar & Bar Associations
Countdown 2015 for the California State Bar
By Teresa J. Schmid
Even in the best of times, the Board of Trustees of the State Bar faces a yeoman's task in complying with statutorily mandated...
U.S. Supreme Court, Constitutional Law
The future of federal courts
By Erwin Chemerinsky
The case that may be of greatest significance to litigation in the federal courts on the U.S. Supreme Court's January 2015 arg...