Toby Ord whisks us in and out of environmental ethical puzzles with the speed of a Formula One racer — that exhilaration and ...
Civil Litigation, California Supreme Court
California Supreme Court poised to consider anti-SLAPP catch-all framework
By Ryan G. Baker, Scott M. Malzahn
Later this term, Geiser v. Kuhns will present the court an opportunity to clarify what must be shown to establish anti-SLAPP p...
Labor/Employment, Civil Litigation, California Supreme Court
Premium pay for meal break rounding violations after Donohue
By Kacey R. Riccomini, Arthur F. Silbergeld
The California Supreme Court last month determined that the practice of rounding meal period time was impermissible under stat...
Law as code is bandied around as a crucial determiner of the future for lawyers and the practice of law. Depending upon which ...
Technology, Data Privacy
Apple’s ‘Privacy Nutrition Labels’: Standardized approach to privacy notices?
By Andrew Scott
The reality is that consumers just do not have the bandwidth to spend the time reading the notices. Even if consumers spent th...
Does the military really want women in its ranks?
Demystifying COVID-19 health order enforcement
Government, Environmental & Energy
Key priorities for Biden’s Department of the Interior
By Richard M. Frank
The U.S. Department of the Interior plays an outsized role in California natural resources law and policy. Two examples: The f...
Judges and Judiciary, Books
California’s Technicolor clerkship: Rose Bird and her clerks
By Kirsten D. Levingston
An excerpt from “Of Courtiers & Princes: Stories of Lower Court Clerks and Their Judges.”
Letters, Law Practice, Judges and Judiciary, Appellate Practice
Implicit arguments do not explain ‘Justice Delayed’
By Charles A. Bird
The conceit of a regular columnist is to be published even when one has nothing to say. For this, I cite Myron Moskovitz's "On...
Law Practice, Civil Litigation
Errors relating to the presence of a jury
By David M. Axelrad
If prejudicial and properly preserved, these errors can result in reversal.
U.S. Supreme Court, Constitutional Law
The next landmark case on student free speech
By David Urban
Only about once in a decade does the U.S. Supreme Court decide a case on First Amendment rights of students. This year, the co...
Family
Strange new world: restrictions on the right to posthumously procreate
By Mark J. Phillips, Jake V. Phillips
The right of a woman to use the extracted sperm of a deceased partner is a fairly new concept in California, and with the rapi...
Tax, Law Practice
Guidance for navigating legal settlements, legal fees and estimated taxes
By Robert W. Wood
Two rules can help avoid penalties.
Securities, Administrative/Regulatory
Will the SEC expand the definition of a pump-and-dump?
By Paul A. Reynolds
The recent GameStop/Robinhood stock trading saga has proved resistant to easy analysis or quick conclusions, both dividing and...
A recent 9th Circuit decision was the first appellate ruling to permit a lawsuit to proceed on a challenge to forced membershi...
Labor/Employment
Workers’ lives hang in the balance pending stimulus
By Ronald L. Zambrano
At the end of last year, the Families First Coronavirus Response Act expired. An enormous safety net for workers dealing with ...
Law Practice, Ethics/Professional Responsibility
You had me at hello.
By Amy L. Bomse
Learn to avoid some of the common ethical pitfalls when it comes to potential clients.
Law Practice, Ethics/Professional Responsibility
Ethics opinions offer advice; some practical, some challenging
By Jessica Beckwith, Brian Slome
The State Bar has proposed two ethics opinions, one on colleague impairment and another on potential client obligations.
Mediation advocacy and trial advocacy are not the same. In what ways, however, are they different? Should attorneys who are co...
Law Practice, Ethics/Professional Responsibility
3 tips for attorneys who are facing a motion to disqualify
By Shari L. Klevens, Alanna G. Clair
While no attorney enjoys litigating their own conduct, motions to disqualify are not uncommon and can raise thorny questions, ...
Technology, Law Practice
Devising maps that are analogous to Google Maps, but for the law
By Lance Eliot
Online geographical maps provide quite handy capabilities and many think of Google Maps as the kingpin of such apps. Envision ...
Labor/Employment, Civil Rights, California Supreme Court
The Werdegar Presumption
By Michael D. Singer
In Brinker, Justice Kathryn Werdegar stated: “If an employer’s records show no meal period for a given shift over five hours, ...
Criminal
Renewed focus on rehabilitation in state criminal proceedings
By Dmitry Gorin, Alan Eisner
During the so-called “tough on crime” era, the pendulum in California sentencing swung heavily in favor of prioritizing punish...
Education Law, Covid Columns
Closed schools are legal and humanitarian violations
By Amir Torkamani
It is now a matter of scientific consensus that schools — especially elementary schools — can reopen for in-person learning wi...
Bankruptcy
New homestead exemptions, personal guaranties: Time to negotiate?
By Catherine E. Bauer
As of Jan. 1, the California homestead exemptions have changed significantly. Section 704.730 of the Code of Civil Procedure i...
Real Estate/Development, Administrative/Regulatory
Families with companion animals face additional struggles during pandemic
By Elizabeth Holtz
Families with companion animals face additional stressors, trying to pay for their animals’ care and securing animal-friendly,...
Judges and Judiciary, Covid Court Ops
Why don’t we just shut down the courts?
By Mary Thornton House
Lest anyone forget: Superior court judges and staff are essential workers.
If you don’t spend a lot of time on #appellatetwitter, you may have missed a recent momentous event in citation history.
U.S. Supreme Court, Criminal, Constitutional Law
Supreme Court hears case on ‘hot pursuit’ exception
By Gary Schons
Last week the U.S. Supreme Court heard oral argument in a case which stemmed from a driving under the influence with priors pr...