Government, Environmental & Energy, Administrative/Regulatory
States target EPA’s revival of California Clean Air Act waiver
By Davina Pujari, Shannon Morrissey
EPA has granted waivers to California nearly continuously since the Clean Air Act was enacted in 1970. If the waiver provision...
Tax, 9th U.S. Circuit Court of Appeals
When is your tax return filed? 9th Circuit tax win helps
By Robert W. Wood
The Ninth Circuit majority opinion said: “The IRS wants the ability to direct taxpayers to submit delinquent returns to its au...
Civil Litigation, California Courts of Appeal
Local rules violation should not result in waiver of jury trial
By Reuben Ginsburg
The Court of Appeal concluded that the trial court’s denial of the right to jury trial was reversible error per se, so there w...
U.S. Supreme Court, Environmental & Energy
Revival of Sackett v. EPA once again brings the definition of WOTUS to the Supreme Court
By Ana D. Schwab
The EPA and Army Corps have not solidified a definition of WOTUS and have left the field filled with uncertainty.
U.S. Supreme Court, Judges and Judiciary
Growing concern over declining respect for the rule of law: Is SCOTUS the culprit?
By A. Marco Turk
The emotional, highly charged atmosphere regarding the third branch of our government, previously insulated by public deferenc...
Law Practice, Data Privacy, Appellate Practice
CPRA Series: Part IV - Data Processing Obligations
By Ron Raether, Graham Dean
Businesses that are heavily reliant on automated decision-making technologies may want to consider adjusting their processes t...
Time to Sit Down on the CJP
By Kevin K. Green
Antitrust & Trade Reg.
Antitrust risks in business-to-business employee non-solicitation and no-hire agreements
By Michael K. Lindsey
The franchise industry has been a particular target of state administrative actions and employee lawsuits because of franchise...
Entertainment & Sports
Stream it Tonight! The Unholy Three (1930)
By Paul Bergman, Michael Asimow
Law Practice, Family, Appellate Practice
“Oh! You’re a lawyer – can I just ask you…?”
By Lawrence P. Riff
But let’s face it, most of the time the question from the civilian is about, yep, family law. And you don’t have a clue.
Law Practice, Labor/Employment, Appellate Practice
Navigating mental health and trauma issues in employment mediations
By Angela Reddock-Wright
Beyond the dollar settlement itself, a trauma-informed mediation will include the opportunity for both employer and employee t...
How fire victims are taxed depends on their circumstances, what they ultimately collect, and what they claim on their taxes.
Immigration
In San Diego, Remain in Mexico revamp is a due process disaster
By Julia Neusner
A Nicaraguan asylum seeker who had been returned to Mexico with another asylum seeker I interviewed paid $3,000 to a person in...
Technology, Government
Social media platforms need legislative intervention
By Anita Taff-Rice
This state-by-state approach is certain to create a split among the circuits, which likely means that the matter will end up i...
Law Practice, Appellate Practice
A review of Sexual Justice by Alexandra Brodsky
By Alison Somin
The controversy about the Department of Education’s guidance is somewhat different in that the due process deficits were not o...
Insurance
Multiple liability policies and who pays first
By Elliot Chen, Peter S. Selvin
Some carriers have taken the position that where multiple policies are implicated, the insured must satisfy all the deductible...
Health Care, Pharmaceuticals, Biotech, Data Privacy
Femtech data breaches: Enhanced risk in a post-Roe world
By Bethany Corbin
In a post-Roe world, reproductive health data becomes immensely more valuable due to its intimate, personal and potentially cr...
Law Practice, Appellate Practice
Advice for new attorneys: The false declaration
By James D. Crosby
In my experience, trial judges, by nature, presume professionalism, ethical conduct and good faith by the lawyers appearing be...
Labor/Employment
NLRB petitions federal courts for 10(j) injunctions to reinstate Starbucks baristas in Phoenix and Memphis
By Eli M. Kantor, Jonathan D. Kantor
The Regional Director asked the Court to order Starbucks to cease and desist from committing unfair labor practices in violati...
Tax, Constitutional Law
Time deadlines after Boechler, P.C. v. Commissioner of Internal Revenue
By Phil Jelsma
In the Supreme Court Opinion written by Justice Amy Coney Barrett, the Court notes that jurisdictional requirements mark the b...
Therein lies an unspoken major reason behind AB 2777’s enactment – money, or what legendary Assembly Speaker Jess Unruh called...
Government, Antitrust & Trade Reg.
Antitrust Division ratchets up leniency requirements
By Henry J. Hauser, Jon B. Jacobs
Whether these changes ultimately bolster or hinder the Antitrust Division’s efforts to detect and prosecute criminal cartels r...
U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility
When dogs catch cars: The conservative undoing of stare decisis
By Daniel B. Lifschitz
The more the conservative movement turns its back on stare decisis, the more our entire system of governance becomes a struggl...
Judges and Judiciary, Appellate Practice
Biting the hand that feeds me. Part 3: The appearance of justice
By Myron Moskovitz
Some appellate courts show counsel their tentative opinion before oral argument -- allowing lawyers to discuss the tentative w...
Letters
Judge Gloria White-Brown says she has not decided if or when she plans to retire
By Gloria L. White-Brown
In short, the State Bar wastes a lot of time and money creating tasks forces to “study” Mandatory Malpractice Insurance, Parap...
Judges and Judiciary, Ethics/Professional Responsibility, California Courts of Appeal
Calling out the Chief Justice
By Jon B. Eisenberg
The Chief Justice has failed in her constitutional and ethical duties to ensure the timely adjudication of appeals in the 3rd ...
Law Practice, Civil Rights, Appellate Practice
“Nails” v. “Sweet & Low” and 4th Amendment probable cause
By Gary Schons
But what this “analogy” ignores is that a half a pound (of illegal) drugs amounts to approximately 226 grams. That’s enough Sw...
Law Practice, Appellate Practice
Selecting and Managing Your Expert Witnesses
By Philip Simmons
Unfortunately, not all cases have sufficient damages to justify a comprehensive expert team, but when the litigation and clien...