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...
It's 2015, and it's almost tax time for 2014 returns. Oh boy. ...
A recent ruling by a Utah federal judge, although directed at the Endangered Species Act, may have far-reaching implications o...
As a young public defender, I investigated the allegations against my client, gathered facts, studied the law and worked to en...
January has gotten off to a terrible start. Almost every day since the new year, the news has delivered terror, murder and may...
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...
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
Disability is another front in the fight for civil rights
By Michael Waterstone
People with disabilities, like other minorities, are subjects of prejudice, stigma and misunderstanding, and this manifests in...
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
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
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
By Jeffrey Dintzer
On Sept. 30, 2014, California became the first state to ban plastic grocery bags. ...
SB 1027: Protections against mugshot extortion
By Brian S. Kabateck
Californians no longer face the humiliation of having their mugshot posted on the Internet without permission and then sufferi...
SB 1019: Disclosures for chemicals in upholstery
By Amy P. Lally
Chemical flame retardants used on upholstered furniture to impede the spread of fires in homes came under attack over the past...
AB 2634: Clarification of remedies under Bane Act
By Tyler Atkinson
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
By Jennifer Rubin
As of Jan. 1, 2015, employers of 50 in California or more are subject to a new "anti-bullying" training requirement. ...