U.S. Supreme Court, Labor/Employment, California Supreme Court
The life and times of Gentry v. Superior Court
By Steven B. Katz
The last six years have not been kind to the state high court's landmark arbitration ruling, and the court is poised to revers...
What happened to the requirement that juries represent a cross-section of the community, particularly in a case dripping with ...
Judges and Judiciary, Criminal
Why defend criminals you know to be guilty?
By James P. Gray
So many times we in the legal profession hear the question asked: "How can you defend those criminals - particularly if you kn...
My intention here is not to celebrate the tragic death of a 17-year-old boy. Rather, it is to explain why the jurors were left...
IRS looks to US high court to resolve circuit split
By Robert W. Wood
Is severance pay "wages" or not? Circuits are split, and the IRS has petitioned the Supreme Court to get an answer. ...
U.S. Supreme Court, Constitutional Law
Between a rock and zero liability
By Erwin Chemerinsky
Since generic drugs are regulated by the Food and Drug Act, the U.S. high court has ruled that design defect and failure to wa...
Family
Want to pay your ex's attorney fees? Ignore discovery requests
By Navid Moshtael
You're not entitled to appeal an order to pay attorney fees when you choose not to disclose evidence of your financial circums...
In a recent mediation, the plaintiff's lawyer had a pained expression on his face as he reviewed a document, and as I walked i...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Returning some removal control to defendants
By Erin L. Burke, Jason C. Wright
A recent 9th Circuit decision rejected a narrow interpretation of the statutorily imposed restrictions on when a defedant can ...
IP malpractice claims rising
By J. Randolph Evans, Shari L. Klevens
Legal malpractice lawsuits arising from intellectual property disputes are on the rise in California, and throughout the count...
While supporters describe the bill as closing a loophole in California law, in truth the bill would tear asunder far more fami...
Government, Administrative/Regulatory
Legislation key in battle to unlock cellphones
By John F. Stephens
The new chairman of the Federal Communications Commission, Tom Wheeler, thinks that it should be legal to unlock your cellphon...
One of the banes of our existence in 2013 is the need to remember - if you are following the rules - dozens and dozens of pass...
Civil Litigation, Appellate Practice
How appellate courts review attorney disqualifications
By Alana H. Rotter
The good news is that attorney disqualification orders are immediately reviewable. And two recently published decisions show t...
Re: "Plan to shave bar exam down to two days makes headway," July 2.
Letters, Constitutional Law
Jumping to conclusions regarding same-sex marriage
Re: "Narrow holdings with huge implications for couples," June 27. By Joel Drum ...
Special Coverage, Labor/Employment
VIDEO: Pushing Brinker to the limit
By Steven B. Katz
The decision harbored a dark cloud on the edge of its rosy resolution, and a brand-new decision from the Court of Appeal seize...
Labor/Employment
Employers should prepare for impact of same-sex marriage rulings
By Todd B. Scherwin, Andrew J. Hoag
And they will need to do so soon - Gov. Jerry Brown ordered all 58 counties to issue marriage licenses. ...
In recent years, lawyers and judges have cited Wikipedia and Urban Dictionary to define everything from Buddhism to "booty mus...
U.S. Supreme Court, Labor/Employment
Thinking through Concepcion, Oxford Health and Iskanian
By Arthur F. Silbergeld
While management lawyers lauded result in Concepcion, several statements in the opinion have limited validity, appear result-o...
U.S. Supreme Court
Real progress emanates from the political process
By Lawrence Rosenthal
In the long run, the cause of equal rights for gays and lesbians may not be advanced if gay marriage is imposed on unwilling s...
U.S. Supreme Court, Constitutional Law
Narrow holdings, huge implications
By Erwin Chemerinsky
The Supreme Court did not go that far Wednesday in its rulings on marriage equality, but there is now no doubt that ultimately...
Tax, Health Care & Hospital Law
'Wide latitude' for what can be deducted as a medical expense
By Robert W. Wood
Most lawyers can reel off a few laws that are not uniformly interpreted, much less uniformly enforced. Take, for example, the ...
A trend emerging in courts shows that the occasional absence (or presence) of words can be outcome determinative. ...
Judges and Judiciary, Immigration, 9th U.S. Circuit Court of Appeals
Crimes and immigration consequences
By Rodin Rooyani, Curtis A. Kin
The objective of this article is to familiarize readers regarding the immigration consequences of state criminal proceedings i...
Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals
Plaintiffs face tough initial hurdles bringing data breach claims
By Adam J. Thurston
Plaintiffs who have not suffered actual losses from the use of their personal information have had a difficult time surviving ...
Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals
VIDEO: Judges justifiably oppose federal anti-SLAPP
By Anthony M. Glassman, Rebecca Nell Kaufman
Chief Judge Alex Kozinski and Judge Richard Paez question whether California's anti-SLAPP statute even belongs in the federal ...
U.S. Supreme Court, Criminal
Justices rule jury must decide facts that increase mandatory minimum sentences
By Allison B. Margolin
Justice Clarence Thomas, writing for a slim majority, overturned the court's earlier rulings that a jury verdict was not requi...
Recently President Obama has renewed his plans to close Guantanamo and has also promulgated new guidelines for our government'...
Environmental & Energy
Will public records trailer make the budget?
By Jeffrey Dintzer
Taken has a whole, this amendment will relieve local agencies of any obligation to be helpful or promptly respond to PRA reque...