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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...


U.S. Supreme Court, Judges and Judiciary

Judicial campaign rules go to court

Dec. 24, 2014
By Blaine H. Evanson

Next month, the Supreme Court will hear argument on whether a state law barring judges from personally soliciting campaign fun...


Administrative/Regulatory

For cybersecurity, share and share alike

Dec. 23, 2014
By Mary Ellen Callahan, Daniel E. Chudd

As 2014 rolls into 2015, cybersecurity and how to protect corporate assets remains a widely debated topic. ...


Letters, California Supreme Court

I've been taken aback by attempts to publicly discount or distort Leondra Kruger's professional reputation and paint her as no...


U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court

Brady v. Pitchess: real conflict or fairy tale?

Dec. 23, 2014
By Brian M. Hoffstadt

Which branch - the judicial or executive - should be responsible for protecting a criminal defendant's right to obtain otherwi...


Civil Litigation, Judges and Judiciary

Learn the basics of property exempt from money judgments

MCLE
Dec. 19, 2014
By Julius O. Abanise

The object of this article and self-study test is to provide an overview of claims of exemption for judgment debtors.


Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals

Data breaches and standing: a 38-million-victim question

Dec. 20, 2014
By Erik S. Syverson, Scott M. Lesowitz

The number of high profile breaches of personal data seems to be proliferating. Do victims have standing to sue the entity tha...


Environmental & Energy

2014 saw a wave of environmental law changes

Dec. 20, 2014
By Kathryn L. Oehlschlager, David M. Metres

The past year saw several developments in environmental law at both state and federal levels, particularly regarding water sup...


Civil Litigation, Environmental & Energy, California Courts of Appeal, Administrative/Regulatory

Growth pains, little reform for CEQA in 2014

Dec. 20, 2014
By Nicki Carlsen, Andrew J. Brady

Major California Environmental Quality Act reform continued to be elusive in 2014.


Ethics/Professional Responsibility, State Bar & Bar Associations

Considerations for the State Bar board

Dec. 20, 2014
By Teresa J. Schmid

On the agenda for the Board of Trustees' regular meeting Friday is a discussion item proposing the appointment of a special co...


U.S. Supreme Court, Intellectual Property

Bizarre petition serves as reminder

Dec. 20, 2014
By Ben M. Davidson

Judges have complained for years that patent lawyers don't write in plain English, and the U.S. Supreme Court joined the choru...


Year in Review Column, U.S. Supreme Court, Civil Rights

Advances for LGBT employees in 2014

Dec. 19, 2014
By Koray J. Bulut

This year, there were significant developments in employment laws affecting the lesbian, gay, bisexual and transgender communi...


Labor/Employment, 9th U.S. Circuit Court of Appeals

Circuit changes course on ERISA

Dec. 19, 2014
By Michelle L. Roberts

The 9th Circuit just issued a ruling joining several other circuits on the availability of the equitable remedy of "surcharge"...


International Law, Entertainment & Sports, Civil Rights

World Cup, courtesy of modern slavery

Dec. 18, 2014
By Julie L. Kessler

I grew up on a steady diet of "football," and by that I mean soccer. Soccer was part of the family lore and lexicon. But recen...


Transportation, Constitutional Law

FRE SPCH: vanity plates and the First Amendment

Dec. 17, 2014
By Kenneth P. White

Americans view their cars as literal and figurative vehicles of self-expression, not mere tools of transportation. So we can't...


Criminal, Constitutional Law, California Supreme Court, California Courts of Appeal

State constitutional analysis, a love letter

Dec. 16, 2014
By Joseph R. Grodin

The Court of Appeal's analysis in a recent case provides a much needed restatement of the jurisprudential independence of righ...