Making sense of the precedential value of the US Supreme Court’s non-merits orders
Bankruptcy
It’s time for Congress to address bankruptcy venue
By Brian Davidoff, Elissa Miller
What do the Dodgers, American Apparel, Rubio’s Fish Tacos, California Pizza Kitchen, MGM Studios and Pacific Sunwear have in c...
Labor/Employment
Gazing into the employment law crystal ball for 2021
By Todd R. Wulffson
Businesses in California have a solid, triple threat coming at them right now — a new year, a new administration in Washington...
Government, Criminal
How will the federal government handle psychedelics?
By Griffen Thorne
Psychedelic drugs, such as psilocybin mushrooms, ayahuasca and peyote, are federally illegal. Nevertheless, over the next few ...
Torts/Personal Injury, Labor/Employment
What PI attorneys should know about LTD and ERISA, but don’t
By Frank N. Darras
Even if you do not litigate long-term disability claims, understanding their importance will guide clients in the right direction
Data Privacy
CPRA’s impact on CCPA enforcement and compliance
By Sheri Rockwell, Alexis Miller Buese
California is once again on the forefront of data privacy law with the passage of Proposition 24, the California Privacy Right...
Government, Covid Columns
Los Angeles and COVID-19: New county and city measures in place
By Pooja S. Nair
California has set new statewide restrictions and pulled an “emergency brake” of reopening rollbacks in counties across the st...
U.S. Supreme Court, Health Care & Hospital Law, Constitutional Law
Justices seem poised to uphold the Affordable Care Act
By James Azadian
The U.S. Supreme Court heard oral argument last week in the most controversial cases of the term, concerning the constitutiona...
Insurance
Will insurance cover wildfire damage to cannabis businesses?
By Benjamin D. Tievsky
The 2020 California wildfire season has involved the largest and most destructive fires on record in state history. Cannabis g...
A guide for the unwary
Technology, Law Practice
Legal sentiment analysis, opinion mining and AI
By Lance Eliot
There is a palpable and ongoing tension underlying the role of sentiment in both the practice of law and throughout our courts...
Power shutoffs: What California water providers should know
By Willis Hon, Tara Paul
Over the past few years, catastrophic wildfires in California have led to an increased use of public safety power shutoff, oft...
Data Privacy, Administrative/Regulatory
FCC should provide guidance for videoconference security
By Anita Taff-Rice
While the FCC under Ajit Pai’s leadership may be expected to disavow any responsibility for videoconferencing on the basis tha...
U.S. Supreme Court, Constitutional Law, Civil Rights
Discrimination based on religion
By Erwin Chemerinsky
During recent oral arguments, Justice Amy Coney Barret rightly said: “I think we would agree that there’s really not any circu...
Torts/Personal Injury
MLB player’s case could become new assumption of risk precedent
By Michael E. Rubinstein
Last week, Jonathan “Mac” Williamson, a former standout outfielder for the San Francisco Giants, filed a negligence and premis...
Law Practice
Jury trials are an elusive right for proposed conservatees
By Thomas F. Coleman
Notwithstanding constitutional limitations, the Legislature has provided that in probate conservatorship proceedings — cases i...
Tax, Covid Columns
What state taxes apply when you’re stuck in (or out) of state during COVID?
By Robert W. Wood
What a year 2020 has been. Many people in California and elsewhere are still working remotely. In some cases, that includes pe...
Labor/Employment, Government, Covid Columns
LA gets novel COVID-19 workplace safety compliance monitoring program
By Brandon Young, Jacob Itzkowitz
Over the last several months, Los Angeles County has been on the cutting edge of developing novel solutions to the education a...
There are a few things to note specifically about the respondent’s brief.
Constitutional Law, Appellate Practice
WWLHD? (What would the Legislature have done?
By Brian M. Hoffstadt
Of late, the California Supreme Court has devoted a fair bit of its time to resolving ambiguities in several of the recently a...
Criminal
Prop 25 voters rejected false narrative of class warfare
By Jeffrey J. Clayton
The defeat of California’s Proposition 25 may have come as a surprise to some, but not to those who have closely watched the d...
Intellectual Property
Ruling may diminish ability to avoid induced infringement liability
By Vern Norviel, Prashant Girinath
Recently, the U.S. Court of Appeal for the Federal Circuit issued a split panel decision on induced infringement.
Law Practice, Judges and Judiciary
In-person civil jury trial success in OC
By James J. Di Cesare, Dennis Ma
The COVID-19 pandemic has forced courts all over the state to quickly adapt to new modes of operation. Civil operations in Ora...
Settlements are often largely within the control of the parties to structure to bring a case to resolution. However, when sett...
Labor/Employment, Civil Litigation
Assembly Bill 5 and the future of franchising
By Barry Kurtz, Matthew Soroky
Despite damning precedent that the test may apply to the franchise relationship, franchisors may have a viable argument that f...
Ethics/Professional Responsibility
Hidden risks in practicing law in the age of COVID-19
By Randall A. Miller
“Crises and deadlocks when they occur have at least this advantage, that they force us to think.” — Jawaharlal Nehru
COVID-19 has awakened the legal community to use technology more effectively to efficiently resolve cases.
Living and paying taxes in California is expensive. If the COVID-19 pandemic has taught us anything, it might just be that it ...
An extraordinary and influential California Supreme Court staff attorney
By Jake Dear
A Brooklyn native who was raised in Queens and had attended college and law school on the east coast, Hal had no inkling that ...
Technology, Law Practice
Importance of the Turing Test for AI and the law
By Lance Eliot
Efforts to achieve artificial intelligence that can perform legal reasoning ostensibly on par with human attorneys are ongoing...