Administrative/Regulatory
New statewide commercial cannabis regulations create opportunities for savvy investors
By Matthew A. Portnoff, Jordan Ferguson
The California regulatory regime remains complicated, but there are several trends that broadly apply, and for which savvy mar...
Tax, Government
Donor disclosure updates and new mandatory e-filing requirements
By Erin Bradrick
A monthly review of important developments affecting nonprofits.
Government, Education Law
The California Consumer Privacy Act and the education industry
By Michelle H. Donovan, Brandi A. Taylor
There are some unique challenges for companies in the education space, particularly as they work to operationalize compliance ...
Transportation, Government
Recent federal policy developments concerning autonomous vehicles
By Susan Lent, Diana E. Schaffner
This article provides an overview of recent developments in Washington, D.C. that may influence federal AV policy. These devel...
U.S. Supreme Court, Civil Litigation, California Supreme Court
Arbitration Wars: A report from the front
By Anthony J. Oncidi
For better or worse, California obstinately continues to go its own way on the issue of workplace arbitration. Two recent dev...
Criminal, Constitutional Law
Ruling preserves Pitchess statute constitutionality-- for now
By Naeun Rim
Using a common sense approach to the meaning of “confidentiality,” the California Supreme Court concluded that while Brady lis...
Legal Education, Law Practice
Feedback on legal externs’ written work
By Sophia D. Hamilton, Allison L. Wang
This is the fourth article in our series on externships. Previous articles covered the basics of law school externships (“Exte...
State Bar & Bar Associations, Ethics/Professional Responsibility
Bar endorses attorneys consulting with firm in-house counsel
By Shawn Shaffie
Based upon a long line of California cases, a new ethics opinion acknowledges the potential dual benefits to both clients and ...
U.S. Supreme Court, Constitutional Law
All this over a two-bit gun case
By Charles S. Doskow
The 5-to-4 Republican majority on the U.S. Supreme Court has existed for some time now, and has been accepted as a political f...
An emerging phenomenon and a critical area of engagement
Alternative Dispute Resolution
Weak BATNA, strong BATNA: How do you manage it?
By Sean E. Judge
What do you do when you simply must settle a case?
Sometimes, a lawyer might be the first responder
In “Gods of the Upper Air” (August 2019), Charles King traces the vast and quite positive influence of Franz Boas, the towerin...
Taxes do not make a good spectator sport, but you can still sometimes learn something by the missteps of others. Reality stars...
Civil Litigation, Law Practice
Limitations vs repose: a guide
By Shari L. Klevens, Alanna G. Clair
Law Practice, Environmental & Energy
California may join other states with laws protecting cats’ claws
By Elizabeth Holtz
Scofflaws no more, street artists are nowadays quick to invoke the proverbial long arm when their original work is coopted, ex...
This month will see the governor, Legislature, gig employers and organized labor take a crack at this issue in an attempt to d...
When a Supreme Court case becomes famous, we forget what went before. The 1978 Bakke affirmative action litigation, against th...
Government, Bankruptcy
Bankruptcy Code changes offer relief to (very) small businesses
By Robert S. Marticello
On Aug. 23, President Donald Trump signed the Small Business Reorganization Act of 2019 (SBRA), which, starting in February 20...
In this case, the 4th District Court of Appeal examined whether a losing bidder on a public works projects can recover its bid...
U.S. Supreme Court, Government
Courts now look to a city’s design in inverse condemnation actions
By Carolyn Frank
The California Supreme Court recently held that a city protects itself from inverse condemnation claims resulting from a sewer...
The law is fascinating stuff, but I’d like to discuss a larger topic. I come to defend the ostrich.
J&J ruling may feel like a win, but it’s not the answer
By Allison B. Margolin, Rob Uriostegui
Even the ordered $572 million payment will be like bringing a bucket of water to put out a wildfire. Instead of throwing milli...
U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court
The employment arbitration whipsaw
By Steven B. Katz
Last Thursday, the California Supreme Court once again entered into the thicket of wage claim arbitration, attempting to navig...
A recent case discusses how accusatory statements and the response in text conversations can be used in trials. Adoptive admis...
Tax, Corporate
Today, C or S corporation decision can involve huge tax swings
By Robert W. Wood
The massive tax law passed by Congress and President Trump at the end of 2017 radically reshaped traditional tax planning in w...
Law Practice, State Bar & Bar Associations, Appellate Practice
Isn’t that special?
By Benjamin G. Shatz
Obviously, here at Exceptionally Appealing, we believe that California appellate practice is an exceptionally appealing field ...
Civil Litigation, California Supreme Court
Settling out a party may not solve your choice-of-law problem
By Denise Madigan
In a recent case of first impression, the California Supreme Court considered whether settling with a party in a multiparty to...