Health Care & Hospital Law, Government
American Hospital Association v. Becerra; words have meanings
By Carol K. Lucas
At the end of the day, this case was not about the policy behind the 340B Drug Pricing Program or the limits of judicial defer...
Russian actions are of immense importance to the sustainability of the Arctic. Russia is a coastal state for a major sea route...
Labor/Employment, Antitrust & Trade Reg.
The birth of criminal antitrust enforcement actions against employers in the United States
By Mary Dollarhide, Khesraw (Kash) Karmand
Under a novel legal theory, the DOJ has taken the position that, from an antitrust perspective, companies that hire or retain ...
Entertainment & Sports
Stream it Tonight! North Country (2005)
By Michael Asimow, Paul Bergman
North Country was based on the real case of Jensen v. Eveleth Taconite Co. in the federal district court in Minnesota.
Government, Ethics/Professional Responsibility
Disbarment proceedings should commence immediately
By Daniel Broderick
To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...
Tax
Can you exchange out of California real estate without paying taxes?
By Robert W. Wood
Most people understand at least the rudiments of 1031 exchanges, but a surprising number of them seem to get messed up. Lawyer...
Labor/Employment, Government
U.S. Supreme Court gives employers a rare victory in arbitration of PAGA claims
By Kacey R. Riccomini, Zoe Spector
For employers in California with appropriately drafted arbitration agreements, this decision alleviates some of the expense of...
Technology, Government
Net Neutrality gets green light, but so far no enforcement in sight
By Anita Taff-Rice
One reason there likely has been no enforcement action is that California consumers who believe they have been harmed by a net...
Military Law, Health Care & Hospital Law, Government
Veterans Benefits decision raises contention over legislative intent
By Sarah Gross
Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...
You must also assume the auditor is the Lord Almighty. If you do not believe in the Lord Almighty, substitute the phrase “an o...
Government, Civil Rights
Invoking Section 3 of the Fourteenth Amendment
By Erwin Chemerinsky
The Fourteenth Amendment, enacted in 1868 after the Civil War, includes a provision that has received relatively little attent...
U.S. Supreme Court, Intellectual Property
Subject matter eligibility for obtaining patent protection
By Dariush Adli
Litigation & Arbitration
Can arbitration be forced on indigent parties?
By Gary A. Watt, Erica Kelley
Like it or not, corporations and other financially able parties may, in some cases, have to decide whether the desire to arbit...
U.S. Supreme Court, Education Law, Civil Rights
Pay to Pray or Pray to Play?
By Mitchell Keiter
The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...
Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...
Insurance, Data Privacy
Third-party email fraud covered by insurance policies
By Peter S. Selvin
Three recent cases have affirmed coverage where a vendor has been impersonated and as a result the company sustained a loss.
Law Practice, Appellate Practice
Appellate delay: the Judicial Council moves forward
By Jon B. Eisenberg
It is a common misconception that someone who submits a complaint to the Commission on Judicial Performance must maintain conf...
U.S. Supreme Court, Immigration
U.S. Supreme Court hands immigrants a rare victory
By Eli M. Kantor, Jonathan D. Kantor
One of the most daunting issues for non-citizens seeking to become permanent residents or green card holders has been: whether...
In the hands of the right producer, it would garner Oscars, a legacy and big bucks.
U.S. Supreme Court, Government, Ethics/Professional Responsibility
What the Jan. 6 Committee should ask Ginni Thomas
By Gabe Roth
Ginni is not a justice, of course, but this saga presents a test for the Supreme Court. Do these ceaseless revelations spur Ch...
Labor/Employment
SCOTUS strikes significant blow to employees PAGA claims
By Brian E. Koegle
Needless to say, this will likely not be “the last word” on the issue of arbitrability of PAGA claims under California law.
U.S. Supreme Court, California Supreme Court
The secret to SCOCA’s consensus
By David A. Carrillo, Stephen M. Duvernay
U.S. Supreme Court, Constitutional Law
California’s End of Life Option Act in Alito’s cites and sights
By Arthur G. Svenson
Litigation & Arbitration
The mandatory arbitration wall is starting to crack
By V. James DeSimone
Mandatory arbitration clauses have become a fixture of employment agreements, buried in the numerous forms that need to be sig...
Labor/Employment
The fight against PAGA continues despite big Supreme Court victory
By Tom Manzo
PAGA has long been exploited by money-hungry trial attorneys to the detriment of California’s business owners.
The Viking decision may look big and scary, but it has no staying power. There will be a lot of bluster from the defense bar o...
If you are behind in taxes, or especially if you are crying poor to the IRS, watch out.
Law Practice, Ethics/Professional Responsibility, 9th U.S. Circuit Court of Appeals
Attorney Oath is more than a ritual
By William W. Bruzzo
My criminal practice causes me to appear in court almost every day. Those experiences have led me to believe that judges and l...
Government, Civil Litigation
Uvalde could be the latest chink in gun makers’ armor
By Allen Patatanyan
Daniel Defense’s weapons include a Star-Wars-themed rifle clearly targeted at teen buyers. On the day of the Uvalde massacre, ...
Given the history of United States Supreme Court decisions on arbitration generally, and of this one in particular, it seems f...