U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
The 9th Circuit’s non-functional approach to the ministerial exception
By Josh McDaniel, Jacob M. McIntosh
The Supreme Court should reject the 9th Circuit’s approach and ensure that religious liberty is equally available to all faiths.
Tax, Government
Legal developments from 2019 affecting the nonprofit sector
By Erin Bradrick
What a year! As we close out 2019 and usher in 2020, here’s an overview of some of the key occurrences and legal developments ...
For privacy lawyers old enough to remember, December 2019 felt oddly reminiscent of December 1999. There was a lingering sense...
Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
Public sector unions not liable for repayment of agency fees
By Kevin J. Chicas, Adrianna Guzman
The 9th Circuit recently affirmed the dismissal of a lawsuit that public employees filed against the exclusive representative ...
Civil Litigation
Fraud claims against Diet Dr. Pepper dismissed under reasonable consumer test
By Pooja S. Nair
The 9th Circuit recently affirmed the dismissal of consumer fraud claims alleging that the use of the word “diet” in Diet Dr. ...
Corporate, Bankruptcy
Bankruptcy court rejects material adverse effect claim
By David S. Kupetz
A recent case demonstrates that a buyer faces a heavy burden and must make a strong showing to invoke a material adverse effec...
Civil Litigation, Labor/Employment
Year-end NLRB cases for the general California employment attorney
By Harry I. Johnson III
As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...
Banking, Administrative/Regulatory
The legal landscape of banking marijuana businesses (Part II)
By Fredrick S. Levin, Daniel P. Stipano
Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispens...
Law Practice, Ethics/Professional Responsibility
Lawyers as defendants in 2019
By Kenneth C. Feldman, Alex A. Graft
In 2019, the Court of Appeal (but not Supreme Court) predictably addressed many of the same general issues which come before i...
Law Practice, Ethics/Professional Responsibility
Litigation finance in today’s legal industry
By Shari L. Klevens, Alanna G. Clair
While the use of litigation finance is now well-established in the legal industry, it still garners significant attention amon...
Ethics/Professional Responsibility
Legal ethics: No limit to lawyers’ professional responsibility
By A. Marco Turk
As we transition from 2019 to 2020, we need to consider issues such as what obligation does a lawyer have when a judge or publ...
Ethics/Professional Responsibility
Teaching professional responsibility isn’t easy
By Frank H. Wu
Teaching the required course in professional responsibility, an anodyne title for legal ethics, I always face the same issue a...
U.S. Supreme Court, Environmental & Energy
Drowning in confusion: What are ‘waters of the United States’?
By Marc R. Bruner
It sounds so simple. The Clean Water Act applies to “waters of the United States.” But a clear and consistent definition of th...
U.S. Supreme Court, Constitutional Law
Property rights at US high court in 2019
By Larry Salzman
One leap forward and two missed steps
In 2019, California courts issued a number of interesting decisions on insurance issues. Three stand out.
U.S. Supreme Court, Tax, Health Care & Hospital Law
US Supreme Court to once again review Obamacare
By John H. Minan
The U.S. Supreme Court is once again being asked to determine the fate of the Patient Protection and Affordable Care Act.
“Flavor of the Month” is a misnomer, particularly for PFAS; between a hit movie (Dark Waters) and the interest of class action...
Law Practice, Judges and Judiciary
Conservatees are legally entitled to better therapy options
By Thomas F. Coleman
More than 43,000 adults with intellectual and developmental disabilities are living under the protection of California courts....
Government
AB 602 and AB 730: Curbing "deepfakes" in pornography and elections
By Douglas E. Mirell, Joshua Geller
Two new laws restricting the creation and distribution of so-called “deepfake” videos – Assembly Bills 602 and 730 – will beco...
A long and complicated bill that makes key changes to the Planning and Zoning Law to remove obstacles to the processing and ap...
Government
SB 359: Lowers referendum barriers: More time and streamlined process for referendum proponents
By Morgan Gallagher
Bill is part of effort to increase civic engagement
Labor/Employment
SB 41: Lost earnings damages can’t be reduced based on race, ethnicity or gender
By Bryan Lazarski
Senate Bill 41 adds Section 3361 to the Civil Code stating, "Estimations, measures, or calculations of past, present, or futur...
Corporate, Civil Rights, Alternative Dispute Resolution
SB 707: The People standing up to corporate interests
By Mary E. Alexander
The bill radically alters the way arbitration is handled and eliminates potential abuses to the system.
Labor/Employment
SB 778: Clarifies harassment training requirements, extends compliance deadline
By Gage Dungy, Savana Manglona
On Aug. 30, 2019, Gov. Gavin Newsom signed into law SB 778 as urgent "clean-up" legislation, which went into effect immediatel...
Real Estate/Development, Government
AB 881 et al.: ADU laws
By Todd Leishman, Isaac M. Rosen
In response to the state's housing crisis, California continues to strip local governments of their ability to regulate access...
Labor/Employment
AB 9: Extends statute of limitations to file FEHA employment discrimination claims from 1 to 3 years
By Gage Dungy, Savana Manglona
California's Fair Employment and Housing Act prohibits discrimination, harassment, and retaliation in employment based on prot...
Entertainment & Sports, Antitrust & Trade Reg.
SB 206: Restrictions on the business of college athletics
By Jonathan Faria
With the Fair Pay To Play Act, California became the first state to allow college athletes to hire sports agents and earn inco...
Government
SB 230: Requires police agencies to update force policies and training
By J. Scott Tiedemann
Senate Bill 230, authored by Senator Anna Caballero and supported by law enforcement groups, imposes policy and training requi...
Senator Bill Dodd, who represents counties hit hard by recent fires, authored Senate Bill 240, aimed to curb alleged "bad advi...
Real Estate/Development, Government
SB 329: Housing protection for those who receive vouchers or subsidies
By Samuel Cortina
California's protection of low-income tenants got a bit more robust with the enactment of Senate Bill 329 this year.