Labor/Employment
Changes to ‘80/20’ tip rule ahead; different but still the same
By Krista Mitzel, Sara Shok
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
‘A chill wind blows’: Flaws in high court’s SB 8 opinion
By Rory K. Little
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
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
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
Understanding the difference between family law and civil appeals
By Victoria E. Fuller
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
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
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
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
Abortion arguments: the justices’ most telling questions
By Anjali Srinivasan
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
By Donald E.J. Kilmer Jr.
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
By Daniel B. Garrie, Gail A. Andler
Government, Data Privacy, Corporate
Time to revive, reinvigorate document-retention policies in light of CPRA
By Elizabeth Balfour
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
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
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
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
9th Circuit again defies the Supreme Court in Duncan
By Joseph Greenlee
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
Supreme Court will formally overturn Roe, which is just the beginning
By Jonathan Miller
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
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
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
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
An essential guide to appellate practice in California
By Robert De Vries
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
How past toxic exposure at military installations is affecting veterans today
By Jonathan Sharp
When stories linking certain veterans’ health conditions to toxic exposure at military bases began flooding the news, to some ...
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
How receiverships can help California tenants living in uninhabitable conditions
By Ryan Griffith
Cities and counties throughout California have effectively used the receivership remedy to bring nuisance properties into prod...
Construction, Civil Litigation
What’s ‘willful’ when it comes to construction litigation?
By Garret D. Murai
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
Legal problems for Baldwin expose a minefield for workers
By Michael Mandell
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
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
Tips for new attorneys: The best things about going to trial
By James D. Crosby
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?
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 ...