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Labor/Employment

As many employers know, the “80/20 tip credit rule” has long been at thorn in the side of employers in the hospitality and res...


U.S. Supreme Court, Constitutional Law

So much is wrong with the U.S. Supreme Court’s Friday morning decision in the Texas abortion statute decision that it can’t al...


Appellate Practice

5 tips on appellate brief writing: perspectives from the bench & bar

Dec. 13, 2021
By M.C. Sungaila, David A. Thompson

Brief writing and oral argument form the core of appellate advocacy.


U.S. Supreme Court, Constitutional Law

Dobbs could put US out of step with the global community

Dec. 13, 2021
By Kathleen R. Hartnett, Julie M. Veroff

However the Supreme Court ultimately justifies its decision in Dobbs, one thing is clear and unrefuted: upending decades of ri...


Family, Appellate Practice

Appellate lawyers who do not routinely handle family law appeals may puzzle over unfamiliar statutes and rules applicable in m...


Labor/Employment

PAGA pains soon might not just be for California employers

Dec. 13, 2021
By Jamie Gross, Poline Pourmorady

California’s Private Attorneys General Act — sometimes called “the Bounty Hunter” statute — allows employees to sue their own ...


Environmental & Energy, Administrative/Regulatory

New laws in California and beyond on PFAS and consumer products

Dec. 13, 2021
By Willis M. Wagner, Andrew Rambo

The California Legislature has recently enacted a sweeping new set of laws that prohibit food packaging, cookware and children...


Entertainment & Sports, Antitrust & Trade Reg.

National Football League tackles antitrust claims

Dec. 13, 2021
By Rachel Brass, Julian Kleinbrodt

In a ruling that should extend well beyond the gridiron, the federal appellate court delivers a timely reminder that antitrust...


U.S. Supreme Court, Constitutional Law

The U.S. Supreme Court heard oral arguments last week in Dobbs v. Jackson Women's Health Organization, a case that could deter...


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

The 9th Circuit’s reactionary Second Amendment

Dec. 10, 2021
By Donald E.J. Kilmer Jr.


Law Practice, Judges and Judiciary, Criminal

The Finality Line

Dec. 10, 2021
By Michael J. Raphael

Where the Legislature is silent about retroactivity, courts presume that the new statute will apply to all defendants whose ca...


Technology, Civil Litigation

5 commandments for selecting a digital forensic expert

Dec. 10, 2021
By Daniel B. Garrie, Gail A. Andler


Government, Data Privacy, Corporate

With the arrival of the California Privacy Rights Act, a document-retention policy is now critical to privacy compliance.


State Bar & Bar Associations, Law Practice

State Bar’s paraprofessional program lacks statistical support

Dec. 9, 2021
By Laura C. McHugh, John Cotter

Much has been about the State Bar of California’s proposed paraprofessional program which would allow nonlawyers to practice l...


Labor/Employment, Alternative Dispute Resolution

The rise and fall (out) of mandatory pre-dispute employment arbitration

Dec. 9, 2021
By Christopher David Ruiz Cameron

The most far-reaching work law development of the past three decades has been the rise of mandatory pre-dispute arbitration. O...


U.S. Supreme Court, Constitutional Law

Dobbs may rob SCOTUS of credibility

Dec. 9, 2021
By David Boyle

Roe, Casey, Dobbs: The last of those epic U.S. Supreme Court cases, which the Court heard on December 1, is the (biggest) bloc...


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

District Judge Roger T. Benitez applied the Supreme Court’s Heller test, holding that California’s ban was unconstitutional (a...


U.S. Supreme Court, Constitutional Law

On December 1, the Supreme Court’s engagement on the topic of abortion was much more public and formal. A nearly two-hour-long...


U.S. Supreme Court, Constitutional Law

The unworkability of viability

Dec. 8, 2021
By Catherine Short

To argue that prohibiting states from restricting pre-viability abortions allows the Supreme Court to avoid the philosophical ...


U.S. Supreme Court, Constitutional Law

An unconstitutional condition on religious exercise

Dec. 8, 2021
By Mitchell Keiter

The U.S. Supreme Court will hear oral argument Wednesday in a case that could profoundly change American education.


Law Practice, Ethics/Professional Responsibility

Avoid Santa’s ‘Naughty’ list this year

Dec. 8, 2021
By Shari L. Klevens, Alanna G. Clair

Lawyers hoping to find goodies in their stocking should take stock of whether they have been “nice” lawyers in 2021. When Sant...


Books, Appellate Practice

Myron Moskovitz knows a thing or two about appellate persuasion, and you can too with his new book, "Strategies on Appeal.


Military Law, Health Care & Hospital Law

When stories linking certain veterans’ health conditions to toxic exposure at military bases began flooding the news, to some ...


Law Practice, Appellate Practice

Appellate Horrorscope

MCLE
Dec. 7, 2021
By Benjamin G. Shatz

As another remarkable year draws to a close, it’s time to gaze into the crystal ball and prognosticate what fortunes may unfur...


Real Estate/Development

Cities and counties throughout California have effectively used the receivership remedy to bring nuisance properties into prod...


Construction, Civil Litigation

In this month’s Construction Corner column, we examine what constitutes a “willful” act by a contractor that can lead to enfor...


Labor/Employment, Entertainment & Sports, Civil Litigation

While California requires employers — including movie studios — to supply a safety plan, the law’s vague language reads like a...


Torts/Personal Injury, Law Practice, Civil Litigation

Class actions require heightened scrutiny

MCLE
Dec. 6, 2021
By Polly J. Estes, Savannah Blackwell

Both trial and appellate courts review settlements in class actions with “heightened scrutiny” for good reason. Class actions ...


Law Practice

What are the best things about a trial, the best moments in a trial? I’ve been able to narrow it down some particular things t...


Military Law, Law Practice, Government

Are we turning our back on our veterans... again?

Dec. 6, 2021
By Eileen C. Moore

It’s beginning to look a lot like bias / Everywhere you go / Take a look at Cal and the feds, not listening once again / Just ...