Labor/Employment, Alternative Dispute Resolution
A couple ways to help your employees weather the COVID-19 storm
By Bob Blum
Do you want to help your employees right now to weather the COVID-19 storm? Here are two ways that go beyond the new small emp...
U.S. Supreme Court, Civil Rights
Justices may review another 9th Circuit qualified immunity case
By Scott J. Street
The Supreme Court likes to pick on the 9th Circuit, and may get another chance when it decides whether to hear a new petition ...
Law Practice
State courts are taking bold steps to address COVID-19
By Carolin K. Shining
Hearings by video technology are not the only overnight structural changes sweeping through state court systems. From oaths to...
Law Practice
Now is the time to save the civil justice system from COVID-19
By Brian S. Kabateck
This week as part of a wave of unprecedented changes to American life, Chief Justice Tani G. Cantil-Sakauye discontinued all c...
Judges and Judiciary, Criminal, Constitutional Law
Work may move online, but the courts should not in criminal cases
By Ayyan Zubair
Broadly adopting remote appearances as a rule in the criminal context raises significant constitutional concerns.
Land Use, Constitutional Law, California Supreme Court
Unfinished takings business at the US Supreme Court
By Michael M. Berger
Last year the court discarded the state litigation requirement, but questions remain.
Labor/Employment, Corporate
Is your business an ‘essential business’?
By Carolina de Armas, Nick Moore, Tony Schoenberg
Navigating California state and county COVID-19 shelter-in-place orders.
Labor/Employment
Coping with the coronavirus in the workplace, part three
By Eli M. Kantor, Jonathan D. Kantor
President Donald Trump signed the Family First Coronavirus Response Act into law on March 18, which will be effective through ...
Government, Constitutional Law
An overview of California’s emergency powers
By Brandon Young, Mario Cardona
The unprecedented challenges created by COVID-19 have forced the state and local governments to exercise exceptional powers to...
Alternative Dispute Resolution
Resolving disputes in the midst of ‘social distancing’
By Sidney Kanazawa
The COVID-19 crisis is compelling us to think creatively about how we resolve disputes in an age of “social distancing.”
“Don’t worry, Tony,” my wife Beverly said in her sweet, reassuring way as we washed our hands. “We have enough soap.”
Before pulling into my garage last Thursday afternoon, I turned on the radio. I was just in time to hear Gavin Newsom rasp, “T...
Military Law, Government
The National Guard: Always ready, always there
By Eileen C. Moore
For the past few decades, we have thought of the National Guard as being citizen soldiers, prepared to give up their civilian ...
Civil Litigation
CCPA lawsuit’s underway, despite July 1 enforcement date
By Anita Taff-Rice
The California attorney general’s office is still fine-tuning regulations implementing the California Consumer Privacy Act and...
The crippling question for insurance companies is whether the losses sustained due to the business interruption and the inevit...
Law Practice, Constitutional Law, Civil Rights
Goldilocks and the 3 Batson fixes
By Brian M. Hoffstadt
Batson’s prohibition is easy to articulate, but significantly harder to enforce.
I love teaching Civil Procedure. I loved studying the subject. I realize that is unusual. Even among people who enjoyed law sc...
Labor/Employment
Coping with the coronavirus in the workplace, part two
By Eli M. Kantor, Jonathan D. Kantor
Since our article that was published on March 18, there have been dramatic changes due to the ongoing COVID-19 pandemic.
Letters, Judges and Judiciary
‘Just the facts, ma’am. Just the facts.’
By Randolph M. Hammock
Suffice it to state that I read with great interest Mr. Timothy Reuben’s recent Daily Journal article, “Ballot designations fa...
Labor/Employment, Civil Litigation
DoorDash: quick food, slow justice
By Aaron Blumenthal, Steven Tindall
DoorDash, like many companies, required its employees to sign such arbitration agreements because it thought workers wouldn’t ...
Entertainment & Sports, Civil Litigation
U.S. Soccer would have done well to re-read its legal filing
By Garrett R. Broshuis
If you’re involved in a high-profile dispute, you should actually read your legal filings before they’re filed. Otherwise chao...
Probate, Entertainment & Sports, Civil Litigation
War of the wills: Aretha Franklin’s conflicting wills frustrate her heirs
By Scott E. Rahn
The prominent attorney Reginald Turner, president-elect of the American Bar Association, explained to reporters last week that...
Government, Constitutional Law
The governor’s emergency powers are just right
By Stephen M. Duvernay, Brandon V. Stracener
Although the state’s constitutional and statutory framework provide the governor with significant concentrated authority in a ...
Intellectual Property, Entertainment & Sports, Civil Litigation
Skidmore v Led Zeppelin: A stairway to clearer lines in music copyright?
By Michael Peters
On March 9, the en banc 9th Circuit issued a decision to not re-hear the Skidmore v. Led Zeppelin case regarding the band's wi...
I’m an old-timer, so I tend to focus on research methods I used before internet searches became common practice. Here’s a conv...
Health Care & Hospital Law, Contracts
5 considerations when evaluating contracts in light of COVID-19
By Garen Bostanian, Eric S. Boorstin
COVID-19 continues to spread, and government officials are enacting new rules to best contain the virus. This places a tremend...
Jury selection involves a lot of people in close proximity. The temporary stays of trials currently in place will soon give wa...
Health Care & Hospital Law, Government
Social distancing and open meeting laws
By Daniel S. Roberts
It is often said that “sunlight is the best disinfectant.” Consistent with that principle, California law generally requires t...
Law Practice, Ethics/Professional Responsibility, Civil Litigation
A changing professional ethics landscape to allow litigation funding
By A. Marco Turk
A working group from the New York City Bar Association recently proposed (as of March 1, 2020) changes to its rules to permit ...
Real Estate/Development, Health Care & Hospital Law
How landlords and property managers can cope with COVID-19
By Christopher J. Rizza
As concerns mount, now is the time to be proactive. Landlords and property managers should start by applying best practices fo...