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It's 2015, and it's almost tax time for 2014 returns. Oh boy. ...


Environmental & Energy

Prairie dogs vs. Congress

Jan. 13, 2015
By Joshua A. Bloom, David M. Metres

A recent ruling by a Utah federal judge, although directed at the Endangered Species Act, may have far-reaching implications o...


Criminal

Addressing childhood trauma in the justice system

Jan. 10, 2015
By Winston A. Peters

As a young public defender, I investigated the allegations against my client, gathered facts, studied the law and worked to en...


Constitutional Law

The murderous cost of free speech

Jan. 10, 2015
By Julie L. Kessler

January has gotten off to a terrible start. Almost every day since the new year, the news has delivered terror, murder and may...


Intellectual Property

Patent trolls and preemption

Jan. 10, 2015
By Paul Gugliuzza

Imagine your surprise if, in today's mail, you received a letter saying it's illegal for you to use your office scanner. Or to...


Transportation

Uber's classification has consequences

Jan. 8, 2015
By Jonathan A. Michaels

Unlike the heavily regulated taxi industry, Uber skirts onerous regulatory requirements by insisting it is a technology compan...


U.S. Supreme Court, Criminal, Constitutional Law

People with disabilities, like other minorities, are subjects of prejudice, stigma and misunderstanding, and this manifests in...


Labor/Employment

AB 1443: Unpaid Interns

Jan. 7, 2015
By Olivia Goodkin

The California Fair Employment and Housing Act (FEHA) prohibits harassment, retaliation and discrimination against persons bas...


Government, Education Law, Criminal

SB 967: Only 'yes means yes' in California schools

Jan. 7, 2015
By Christine Helwick

California has become the first state in the nation to enact a "yes means yes" standard in university disciplinary hearings in...


Real Estate/Development, Government, Administrative/Regulatory

SB 628: Infrastructure financing district redux

Jan. 7, 2015
By Amy E. Freilich

Senate Bill 628 creates "enhanced" infrastructure financing districts and is a first step in financing local government develo...


Environmental & Energy

SB 270: First state to ban plastic grocery bags

Jan. 7, 2015
By Jeffrey Dintzer

On Sept. 30, 2014, California became the first state to ban plastic grocery bags. ...


SB 1027: Protections against mugshot extortion

Jan. 7, 2015
By Brian S. Kabateck

Californians no longer face the humiliation of having their mugshot posted on the Internet without permission and then sufferi...


Chemical flame retardants used on upholstered furniture to impede the spread of fires in homes came under attack over the past...


California's Bane Act provides that when an individual's rights are interfered with by threats, intimidation or coercion, he o...


Labor/Employment, Corporate

AB 2053: Anti-bullying training becomes reality

Jan. 7, 2015
By Jennifer Rubin

As of Jan. 1, 2015, employers of 50 in California or more are subject to a new "anti-bullying" training requirement. ...


Environmental & Energy

AB 1739; SB 1168, 1319: Groundwater management

Jan. 7, 2015
By Kathryn L. Oehlschlager

With the passage of the Sustainable Groundwater Management Act in 2014, California is on the verge of a seismic shift in how t...


Civil Litigation, Appellate Practice

Parties routinely ask courts to compel arbitration, to stay litigation pending arbitration, or to review arbitration awards. A...


Judges and Judiciary

A personal letter

Jan. 6, 2015
By Arthur Gilbert

In 2015, our New Year's resolution is to do what we must to acknowledge that we are good writers only if we acknowledge that w...


Little recourse for Sony employees

Jan. 3, 2015
By Brian S. Kabateck, Sally Son

The recent cyberattack on Sony Corp. by the so-called "Guardians of Peace" hacker group once again highlights the importance o...


Constitutional Law

What is it that makes our country so special - even exceptional? The soul of our great country is our liberty and our freedoms...


Education Law, Criminal, Civil Rights

An assault on sexual assault in 2014

Jan. 3, 2015
By Barbara S. Bryant

Issues of sex, gender and sexuality interface with our legal system in many ways, including in the areas of discrimination, cr...


U.S. Supreme Court, Labor/Employment, California Supreme Court

Supremacy at the state high court

Jan. 1, 2015
By Steven B. Katz

Will this be the year that the court surrenders to the supremacy clause of the U.S. Constitution with regard to the Federal Ar...


Labor/Employment, California Supreme Court

Historically, the question of who is a liable employer under California wage laws hasn't been simple. However, if recent trend...


No one likes receiving Forms 1099. Most people don't like issuing them either. But as the IRS is increasingly driven by inform...


Year in Review Column, Health Care & Hospital Law, California Supreme Court

State health care laws continued to evolve in 2014

Dec. 27, 2014
By Kelly M. Hagemann

2014 was a busy year in health care law, with action at the U.S. and state Supreme Court, and significant state appellate cour...


In short, our tax code cries out for reform in a primal scream. ...


Year in Review Column, Bankruptcy, 9th U.S. Circuit Court of Appeals

No shortage of bankruptcy developments in 2014

Dec. 25, 2014
By Richard A. Marshack

Although the economy is recovering, and bankruptcy filings are down, there was no shortage of complex bankruptcy-related appel...


U.S. Supreme Court, Intellectual Property

Royalties on an expired patent?

Dec. 25, 2014
By Mark D. Janis

An upcoming U.S. high court case will revisit what Judge Posner has called "one of the all-time economically dumb Supreme Cour...


Transportation

Tougher restrictions on truck drivers needed

Dec. 24, 2014
By Brian S. Kabateck, Heather Hassan

In a world where people are constantly on the go and sleep is not high on the list of priorities, drowsy driving is a widespre...


U.S. Supreme Court, Constitutional Law

Officer mistake opinion raises questions

Dec. 24, 2014
By Michael J. Raphael

When the U.S. Supreme Court held that a traffic stop based on a reasonable mistake of law by a police officer does not violate...