Criminal
Emerging social science can inform pretrial release decisions
By Rita F. Lin, Christine Van Aken
A recent explosion of social science research documents the collateral consequences of pretrial incarceration, such as the los...
Government, Constitutional Law
Proposed ghost guns rule would leave room for state regulation
By Scott A. Edelman, Jillian N. London
On May 7, the Justice Department released a proposed rule that adds teeth to President Joe Biden’s promise to crack down on “g...
Appellate Practice
A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal
By Bradley J. Hamburger, Jeremy S. Smith
Federal Rule of Appellate Procedure 5 has an unusual gap.
Environmental & Energy
Biden administration renews focus on federal PFAS regulation
By Meghan Quinn, Madeline Weissman
Until recently, individual states led the initial push to comprehensively regulate per- and polyfluoroalkyl substances.
Technology, Law Practice
Canons of contradiction reveal complexities for AI and the law
By Lance Eliot
Good attorneys know that they must stridently attempt to anticipate the legal posturing that their opposition will seek to dep...
Artificial intelligence has been making its debut for some time now partially because the term means so many things to so many...
Constitutional Law, Civil Litigation
Opioid trials remind us of importance of Brady rights
By Nina Marino
The reason for the startling default judgment against the Endo defendants in a recent case was founded in a fraud on the court...
Military Law, Criminal
Sexual assault: The law versus accountability
By William Slomanson
The time has come to revisit the Feres problem of whether intra-military sexual assault qualifies as an “activity incident to ...
U.S. Supreme Court, Environmental & Energy
Ruling may give oil companies upper hand in climate change cases
By Darrin D. Gambelin, Monica Browner
A recent Supreme Court ruling may give oil companies an advantage when it comes to removing climate change lawsuits to federal...
Judges and Judiciary, Civil Litigation
Dear BigLaw Litigation Partners,
By Sunil R. Kulkarni
Not so long ago, I was one of you. Trust me when I say that I generally understand the various pressures you face. But I now h...
Government, Criminal, 9th U.S. Circuit Court of Appeals
Ruling says law tolls SOL for decades in criminal cases involving fraud on federal programs
By Alexander F. Porter
The 9th Circuit recently issued a ruling that extends the statute of limitations in certain criminal cases potentially for dec...
International Law, Intellectual Property
European trademark law unknowns settled in case against LA winery
By Katherine Bond, Jeffrey Sheldon
Two unknowns of European trademark law were just answered in a case involving one of the oldest and largest wineries in Los An...
Immediately upon taking office last December, Los Angeles District Attorney George Gascón announced several abrupt and controv...
State Bar & Bar Associations, Ethics/Professional Responsibility
Did the State Bar fail professional responsibility in Girardi case?
By Antonio R. Sarabia II
More than 10 years ago, the State Bar was warned about Thomas Girardi and failed to take public disciplinary steps.
U.S. Supreme Court, Constitutional Law
Who will really suffer the costs of Mississippi’s abortion law?
By Michele Goodwin
Last week, the U.S. Supreme Court agreed to hear the latest legislative effort to dismantle the legal precedents established i...
In its fourth decade, big-case bankruptcy judge shopping has taken a nasty turn.
Criminal, California Supreme Court
Racial bias impacts jurors’ death penalty decisions
By Eva J. Paterson
The recent guilty verdict in the Derek Chauvin trial demonstrates the importance of having a diverse and representative jury. ...
Tax, Labor/Employment, 9th U.S. Circuit Court of Appeals
9th Circuit rightly upholds California’s retirement backstop
By Radha Pathak, John Stokes
Some state governments, including California, have stepped in to fill the gap left by employers who choose not to offer employ...
Technology, Administrative/Regulatory
FCC won’t defend net neutrality, but California will
By Corynne McSherry
If the pandemic has taught us anything, it’s that high-speed internet is crucial to our daily lives — and that’s unlikely to c...
Trends in state privacy laws: Is it time for a federal law?
By Scott W. Pink
California led the nation in consumer privacy when it enacted the California Consumer Privacy Act in 2018, establishing the fi...
Health Care & Hospital Law
In the wake of CDC’s error, we will need vaccine passports
By Dorit Reiss
Almost a week ago, the Centers for Disease Control and Prevention published a guidance on what vaccinated people can and canno...
Intellectual Property
Navigating whistleblower immunity for trade secret misappropriation
By Tom Wallerstein, Antonia I. Stabile
The 2016 Defend Trade Secrets Act grants immunity from trade secret liability to anyone who discloses a trade secret to an att...
Here are five key steps to a productive and successful mediation.
Law Practice, Civil Litigation
SB 447 eliminates the death discount and fixes an antiquated, unjust law
By Deborah Chang
California is one of a mere handful of states — along with Arizona, Colorado, Florida and Idaho — that grants a “death discoun...
For today’s senior citizens, relying on a neighbor’s help could be less safe than you’d think, especially in large metropolita...
California taxes are high, and if you are a very high income earner, they could go up. California legislators have proposed ta...
Law Practice
Jump starting in-office collaboration: the Lunch Manifesto
By Louie H. Castoria
Law offices across the nation are facing an eagerly awaited, though complex, decision: whether, and how soon, to reopen their ...
Real Estate/Development, Bankruptcy
Remember, landlords are sacred cows in bankruptcy
By M. Jonathan Hayes
We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money...
Technology, Law Practice
'Bring your own legal algorithm' arising due to AI
By Lance Eliot
Seems like everyone knows about the seemingly astute advice to never bring a knife to a gunfight. A bit of myth-busting can sh...
Government, Environmental & Energy
Restoring California’s leadership in setting tailpipe emission standards
By Lauren Tarpey, Matthew Zinn
In a proposal to reverse a misguided Trump administration policy, the U.S. Environmental Protection Agency is on track to rest...