U.S. Supreme Court, Environmental & Energy
The answer to what are ‘Waters of the United States’ again in play
By Steven L. Hoch
In 1972, the U.S. Congress passed the Clean Water Act in response to the realization that a large number of rivers, lakes and ...
U.S. Supreme Court, Constitutional Law
Don’t underestimate the conservativism of the Roberts court
By Erwin Chemerinsky
The U.S. Supreme Court’s October 2020 term which ended on July 2 should be seen as a reminder of the basic reality: It is a ve...
The law is a haunted house. Haunted by ghosts, by our past.
It is often posited that family law is like the Wild West of litigation -- anything goes.
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Despite Girardi debacle, State Bar continues to ignore consumer protection
By William L. Winslow, James A. Gorton
Even as the State Bar of California acknowledges mistakes regarding its stunning failure of regulatory oversight in the matter...
Just think if James Joyce were writing his magnum opus “Finnegans Wake” today on a computer, auto correct would drive him over...
Government, Family
Is order safeguarding child tax credit payments good ‘law’?
By David Friedman
Last month, California Attorney General Rob Bonta issued a statement to creditors and debt collectors that it would be illegal...
U.S. Supreme Court, Entertainment & Sports
The NCAA is not above the law
By Garrett R. Broshuis
Last month the Supreme Court affirmed a Northern District of California judgment finding that the NCAA had violated antitrust ...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Court narrowly interprets arbitrator disclosure decision, urges rehearing en banc
By Dustin Chase-Woods, Blaine I. Green
The 9th Circuit maelstrom over arbitrator disclosure requirements intensified June 24 when a three-judge panel reversed and re...
If you face a tax audit and can legitimately point to the statute of limitations to head off trouble and expense, you should. ...
Environmental & Energy
Controversial program targets warehouse emissions
By David C. Smith
The South Coast Air Quality Management District sparked widespread interest and controversy with its May 2021 adoption of an “...
Alternative Dispute Resolution
Jeffrey Krivis in conversation with Professor Sukhsimranjit Singh of the Straus Institute for Dispute Resolution
By Jeffrey Krivis, Sukhsimranjit Singh
A discussion about mediating emotionally complex cases.
Law Practice, Ethics/Professional Responsibility
Risks when facing a legal malpractice claim
By Shari L. Klevens, Alanna G. Clair
The first impulse of an attorney on the receiving end of a legal malpractice claim may be to panic. Here are some helpful tips...
U.S. Supreme Court, Health Care & Hospital Law
Can Medicaid agencies snag settlement proceeds allocated to medical expenses they haven’t yet paid?
By Marcia Augsburger
If the Supreme Court rules that the Medicaid Act does not preempt state law, laws like those in California that do not permit ...
Torts/Personal Injury, Civil Litigation
Tiger Woods crash: Dangerous condition of a public roadway?
By Daniel K. Kramer, Teresa A. Johnson
While driving on a particularly winding stretch of road, professional golfer Tiger Woods sustained multiple injuries as a resu...
U.S. Supreme Court, Constitutional Law
OT20: It’s a wrap
By James Azadian, Becky James
Gaveling out last week, the justices issued their final opinions of the October 2020 term, drawing to a close one of the most ...
Government, Constitutional Law, California Supreme Court, California Courts of Appeal
State high court should decide whether governor can legislate
By Daniel M. Kolkey
In a first, a California Court of Appeal has issued an opinion that holds that the governor has the power to unilaterally legi...
There is a bit of nebulousness when it comes to talking about AI and the law. Different experts or pundits seem to refer to th...
Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Q&A: 9th Circuit Judge Kim Wardlaw
By William Domnarski
On the bench now for 26 years, Kim Wardlaw tells us about becoming a federal judge and about life on the 9th Circuit. She also...
U.S. Supreme Court, Government
Justice Thomas: No penchant for pot, but a talent for tax
By Julie A. Werner-Simon
There has been much buzz about the surprising loquaciousness of Supreme Court Justice Clarence Thomas in a statement regarding...
A number of years ago, it dawned on me that takings decisions from the U.S. Supreme Court generally seemed to come down in Jun...
Corporate
The intersection of shareholder activism and corporate ESG efforts
By Derek Zaba, Kai Liekefett
Activities of shareholder activists this proxy season at oil and gas companies have been widely reported. The successes of the...
Law Practice, Civil Rights
Spears conservatorship shows need for stronger right to counsel
By Thomas F. Coleman
The pop singer’s conservatorship case is a perfect example of why laws that “protect” the right to counsel have too many looph...
Part of the For the People Act (H.R. 1) would attack the FEC’s problem of not being able to form a quorum.
Appellate folklore -- borne out by statistical reports -- is that at least 3% of all California appeals are dismissed for proc...
Corporate
Challenge to board diversity revived, but to what effect?
By Virginia F. Milstead, Kasonni Scales
To date, no corporation itself has challenged either law. And in March 2021, more than two years after the enactment of SB 826...
A few points about how judges think and operate.
Suppose you have a consumer class action involving thousands, or millions, of consumers who ingested a tainted supplement. How...
U.S. Supreme Court, Constitutional Law
Property rights: the former ‘poor relation’ takes its place at the table
By Deborah J. La Fetra
In Pakdel v. City and County of San Francisco, the Supreme Court spoke with one voice. Knick v. Township of Scott means what i...
Labor/Employment
Mid-year minimum wage increases take effect for some cities
By Christine H. Long
Some California jurisdictions are experiencing increases in their local minimum wages rates, effective this week.