U.S. Supreme Court, Labor/Employment, Constitutional Law
Ruling is major property rights decision in favor of landowners
By Bryan W. Wenter
In a 6-3 opinion, the U.S. Supreme Court issued a major property rights decision in favor of landowners in a case addressing C...
Law Practice
Some lawyering ‘rules’ were meant to be broken, part 1
By Arash Homampour
What happens when lawyers break the unspoken rules of how lawyers are supposed to be lawyers?
“Yes, I am a liberal,” said Justice Louis Brandeis. “I call it Civilization.” Pankaj Mishra’s book “Bland Fanatics” takes us b...
U.S. Supreme Court, Environmental & Energy, Civil Litigation
Climate change litigation helps clarify federal removal statutes
By John F. Querio, Lacey L. Estudillo
In the future, plaintiffs should expect to see defendants add federal-officer or civil-rights removal grounds to their notices...
In the State Bar’s recent news release admitting errors in the handling of past investigations into Thomas Girardi, not one mi...
There is an old adage that cows run away from a storm while the buffalo charges toward it — and gets through it quicker. Do no...
Civil Litigation
Defense bar takes (3rd) swing at high court review of McGill rule
By Glenn A. Danas
H&R Block recently filed a cert petition that attempts to persuade the United States Supreme Court to grant review of Cali...
Contracts
Inflation and forward contracts: time to dust off the old playbooks
By Cody Brittain
When prices increase at constant and predictable rates, forward commitments made today will match economic conditions when per...
Folks in El Dorado County apparently became concerned that more development projects were being approved than local roads coul...
Criminal
Central District ranks 7th for child sex trafficking prosecutions
By Alyssa Currier Wheeler
When the Human Trafficking Institute began publishing an annual data set on human trafficking prosecutions in 2018, there was ...
U.S. Supreme Court, Constitutional Law
What next for Roe v Wade? The Mississippi attack.
By James McManis
In March 2018, the state of Mississippi enacted a statute entitled the Gestational Age Act specifically to give the U.S. Supre...
Legal disputes come in all shapes and sizes. And there are almost always tax issues for plaintiffs, defendants, or both. Plain...
Labor/Employment
To mask or not to mask, that is the question... that employers are asking
By Christy D. Joseph, Brian J. Mills
California recently passed its June 15 reopening benchmark, leaving employers with unanswered questions regarding their workpl...
Researchers estimate that by 2025, we could see 8 million autonomous vehicles on the road.
Technology, Law Practice
Standards are profoundly needed for LegalTech and AI to liftoff
By Lance Eliot
It is appropriate to assert that standards make the world go round, especially when considering the impact that standards have...
Bankruptcy
Bankruptcy estate claims eclipse shield of sovereign immunity
By David S. Kupetz
Under the U.S. Constitution, states “maintain certain attributes of sovereignty, including sovereign immunity.”
Juneteenth's Dissonance
By Julie A. Werner-Simon
As a former long-time federal prosecutor and now a law professor, I had mixed feelings about our newest federal holiday, Junet...
9th Circuit weighs in on using equitable estoppel to compel arbitration
By Angela Kleine, Neil S. Tyler
Can you compel arbitration without an arbitration agreement? The 9th U.S. Circuit Court of Appeals recently weighed in with tw...
International Law, Intellectual Property
German move to limit injunctions in patent suits aligns with US law
By Christian E. Mammen
Earlier this month, the German parliament adopted a new law designed to limit the availability of injunctions in patent infrin...
I’ve played a bit of poker with friends, never for high stakes and never with any expertise. I’ve never played at a casino or ...
Many people might say that cheating on your taxes is the best way to get into serious trouble with the IRS. They would be part...
Labor/Employment, California Supreme Court
Questions linger after state high court upholds ‘California Rule’
By David E. Mastagni
The opinion permitted the California Legislature to address perceived pension abuses, even if the modification reduces some em...
Health Care & Hospital Law, Government, Criminal
On anniversary of War on Drugs, Congress looks to shift approach
By Grey Gardner
While many other nations around the world have enacted broad reforms in recent decades to replace criminal sanctions with heal...
Law Practice, Civil Litigation, Alternative Dispute Resolution
Third-party discovery in arbitration: Be careful what you ask for
By Amy Semmel
The repercussions of Aixtron, Inc. v. Vecco Instruments, Inc., which limited the authority of arbitrators to issue discovery s...
Law Practice
Law firm planning for a post-pandemic world
By Daniel O'Rielly, Dena Roche
Try a thought experiment with us. Assume that you are approached by a business client whose industry has just experienced its ...
Constitutional Law
Overturning assault weapon ban sets dangerous precedent
By Hannah Shearer, Lisa Tu
A federal judge’s recent opinion striking down California’s assault weapons ban has gained attention for its contrarian view t...
Constitutional Law
Ruling in gun case rightfully rejected well-practiced talking points
By C.D. Michel
The court scrutinized the state’s “evidence” submitted at trial to justify the law, found it inadequate, and declared Californ...
Intellectual Property
The importance of brands to businesses in the post-COVID economy
By Dariush Adli
A key for California businesses to get an advantage in the highly competive and inceasingly global post-COVID economic era is ...
Law Practice, Family
Flawed court rule, forms invite erroneous rulings in juvenile court
By Susan E. Seager, Benjamin Whittle
For the past 15 years, California journalist Garrett Therolf has filed some 40 petitions unsealing juvenile case files reveali...
Intellectual Property
Practical considerations for joint defense groups in patent cases
By Roman A. Swoopes
Although the Leahy-Smith America Invents Act made it harder for patent holders to sue multiple, unrelated defendants for paten...