A few weeks ago in the California Court of Appeal, Arthur Lange tried to get the benefit of the exclusionary rule. As defendan...
My last two columns explored how a story changes as it moves from the initial client interview through our litigation system.
Government, Administrative/Regulatory
FCA enforcement, one year into the Biden administration
By Jim Zelenay Jr., Nick Hanna
Roughly one year into the Biden administration, both FCA legislative and litigation activity continue the upward trajectory of...
In a federal lawsuit in Massachusetts, Mexico is trying to hold the gun manufacturers and wholesalers accountable, alleging th...
Government, Civil Litigation, California Courts of Appeal
Appellate ruling tackles water rate issues in San Jose case
By Steven P. Graham
The court weighs several issues including the application of Proposition 218 to late charges, the Government Claims Act, and t...
Lawyers receive and send more Forms 1099 than most people, in part due to tax laws that single them out.
Labor/Employment
#MeToo arbitration bill heads to President Biden’s desk for signature
By Emily Burkhardt Vicente, Karen Evans
Last week, Congress voted to end employers’ ability to require employees to arbitrate claims for sexual harassment or sexual a...
Fortunately, the mechanics of deducting legal fees in employment, whistleblower and civil rights cases have been improved, at ...
It is not the testimony that a witness spews into the ether that’s important — it’s the testimony that the trier of fact hears...
Family, California Courts of Appeal
If it’s not in writing, does it exist?
By Denise E. Chambliss, Ariel G. Siner
A recent appellate ruling revisits a real property issue and a jurisdiction issue both incorrectly decided in a civil law proc...
Technology, Data Privacy, Civil Litigation
Facebook’s folly and the future of federal privacy legislation
By Anita Taff-Rice
Any legislation creating a federal privacy statute should include requirements that defendants must automatically disclose all...
Legal Education
Impact of news stories unnecessarily hastened Hastings name debate
By Kris Whitten
What do former Alaska Gov. Sarah Palin and UC Hastings College of the Law have in common? Not much, except the fact that the N...
Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit says computer-fraud policies may cover ‘spoofing’
By Peter S. Selvin
Some courts have been unreceptive to finding coverage for “spoofing” because an insured’s acting on or treating as genuine a f...
U.S. Supreme Court, Government, Constitutional Law
Ruling on Alabama voting map sets terrible precedent
By Erwin Chemerinsky
The U.S. Supreme Court’s ruling from last week is wrong on the law and sets a dangerous precedent that will make it much harde...
U.S. Supreme Court, Land Use, Constitutional Law
Challenge to Coastal Commission action may head to US high court
By James Burling
This is the story of a California couple caught in the cross-hairs of environmental bureaucracy bent on revenge for the crime ...
All litigants must have their day in court through a full and fair hearing. To ensure justice is done, each party should be af...
Securities, Government, Corporate, Administrative/Regulatory
New SEC standards may fuel climate-related securities suits
By Virginia F. Milstead, Sophie Mancall-Bitel
The U.S. Securities and Exchange Commission may soon require companies to disclose climate-related risks and opportunities — w...
Labor/Employment, Covid Columns
COVID paid sick leave: same bandage, different injury
By Ronald L. Zambrano
When California lawmakers passed legislation on February 7 to provide workers with a new round of COVID-19 supplemental paid s...
Torts/Personal Injury, Civil Litigation, California Courts of Appeal
A tale of two pedestrians
By Michael E. Rubinstein
Two Los Angeles pedestrians, in different areas of the city, are confronted with a homeless encampment blocking their way. The...
We’ve had two pretty strange years, but like most of the rest of us, the IRS is trying to get back to normal. When it comes to...
Labor/Employment, Covid Columns
COVID workplace rules can be confusing: a guide for employers
By Sonya D. Goodwin
With the Omicron variant moving through California workplaces at an alarming rate, employers have been scrambling to keep full...
Legal Education
Wait for evidence before rushing to rename Hastings COL
By Kris Whitten
We certainly need healing, but wouldn’t it be prudent to wait until all the evidence is presented and reviewed before publicly...
Law Practice, Judges and Judiciary, Books
A judge’s perspective into the wild world of court in Van Nuys
By Gary Schons
Matt Graham, recently retired from the California Court of Appeal, brings us an unexpected, ribald and raunchy, but soulful an...
We live in a time when greater and greater claims are being made for the world of simulated things. If I find my 17-year-old d...
Civil Litigation, California Courts of Appeal, Appellate Practice, Alternative Dispute Resolution
Disqualifying arbitrators under the California Arbitration Act
By Gary A. Watt, Patrick Burns
The CAA requires a proposed arbitrator to provide a disclosure statement identifying issues that could raise impartiality ques...
Constitutional Law
Local gun-control ordinances likely to fall in wake of looming Supreme Court ruling
By C.D. Michel
The San Jose City Council recently enacted two firearm ordinances that impose significant new obligations on San Jose’s roughl...
Law Practice, Ethics/Professional Responsibility
Balancing ethical obligations with law firm loyalty
By Dan L. Stanford
Suppose you are a junior associate in a large law firm, serving as “second chair” on a complex litigation case or transactiona...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Public protection and the State Bar of California
By Antonio R. Sarabia II
As the mess surrounding the fall of infamous plaintiffs’ attorney Thomas V. Girardi has unfolded, we have learned more about t...
It appears that at least in part, an increasing number of Americans are shifting away from a live-to-work mindset toward the w...
Construction, Civil Litigation, California Courts of Appeal
Unlicensed contractor work can lead to nasty disputes, harsh remedies
By Garret D. Murai
Fights between owners and contractors under Business and Professions Code Section 7031 can get nasty and detailed. An owner’s ...