Environmental & Energy
AB 1739; SB 1168, 1319: Groundwater management
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
Which orders regarding arbitration are appealable?
By Alana H. Rotter
Parties routinely ask courts to compel arbitration, to stay litigation pending arbitration, or to review arbitration awards. A...
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
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
Repeal laws that violate our constitutional, human rights
By James P. Gray
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
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
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
2014 gave more clarity on liability for wage violations
By Bryan J. Schwartz
Historically, the question of who is a liable employer under California wage laws hasn't been simple. However, if recent trend...
Everything you need to know about IRS Forms 1099
By Robert W. Wood
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
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
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?
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
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
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
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
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
Misguided discounting of Brown's high court nominee
By Lorena Gonzalez
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?
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
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
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
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
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
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
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
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
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
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
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
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...