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Government, Criminal

Criticism is inevitable for someone who has served two terms as district attorney. In general, criticism of elected officials ...


U.S. Supreme Court, Criminal, Constitutional Law

“Security” is a flimsy reason to deny a U.S. citizen the cherished American right to free exercise of religion. Yet that is ex...


Environmental & Energy, Administrative/Regulatory

Under current regulations, a manufacturer can place the required warning on the product or its packaging, or it can pass the o...


Law Practice

Is artificial intelligence the answer for legal tech? It depends.

May 10, 2019
By Kent B. Goss, Meg C. Gomes

Your clients are asking about it, your competition is studying up, and so making sure you stay prepared means tuning in to exa...


Labor/Employment

Senate Bill 188 would significantly broaden employees’ protections against improper race discrimination and make California th...


Letters, Criminal

Am I supposed to feel sorry for a murderer?

May 10, 2019
By Marc Debbaudt

In is May 9 column, “Reflections on a sentence of life without parole,” John Mills begins with a question posed by his client:...


Criminal, Books

Imagining a Greater Justice

May 10, 2019
By Samuel H. Pillsbury

When we listen to victims closely we learn about relational losses from violence and the need for relational healing.


Law Practice, Ethics/Professional Responsibility

Attorney work product protection for client file materials

May 10, 2019
By Shari L. Klevens, Alanna G. Clair

Most attorneys are aware of the obligation to return a client’s “file” upon request following the termination of a representat...


Special considerations for minimum policy settlements

May 9, 2019
By Jessica A. Detering, Alexandra N. Selfridge

The existence of the tripartite relationship between insured, insurer, and defense counsel is a prevailing concept in insuranc...


Tax, Government, Banking, Administrative/Regulatory

Will the SAFE Banking Act persuade banks to open their doors to cannabis clients?

May 9, 2019
By Joshua Schneiderman, Helen Goldstein

“Cash only, please” signs are prevalent in California marijuana dispensaries and businesses. It is estimated to be a North Ame...


Criminal

Reflections on a life without parole sentence

May 9, 2019
By John R. Mills

“What am I supposed to do, just die in prison?” I was seated just outside the dilapidated holding cell adjacent to the courtro...


Government, Education Law

Changes to Title IX enforcement on campuses

May 9, 2019
By Jacob Madden, Karen A. Feld

Even if a college or university is no longer required to investigate a complaint made regarding an off-campus incident, failur...


Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals

The 9th Circuit does not explicitly tell the remanding district court how to rule. But it comes close by describing the approp...


Entertainment & Sports

Time has come to transform the TAA

May 9, 2019
By Thomas H. Vidal

Under the current regime, though, artists are not adequately protected and other representatives -- i.e., personal managers an...


Government, Administrative/Regulatory

Are we there yet?

May 8, 2019
By Bonnie Lau, Peter Z. Stockburger

California’s new privacy law inches closer to the finish line with pending legislative amendments


Civil Litigation, Labor/Employment, Alternative Dispute Resolution

Of course, the devil is always in the details. But, there are other ways to address the legitimate objections to arbitration w...


Law Practice, Judges and Judiciary

A moral dilemma

May 8, 2019
By Arthur Gilbert

So am I going to go ahead with my novel? I’m thinking about it.


Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals

How should companies deal with Dynamex retroactivity?

May 8, 2019
By Coby M. Turner, Jon D. Meer

Approximately a year ago, the California Supreme Court issued its opinion in the Dynamex case, upsetting the status quo employ...


Labor/Employment

We need legislation to supplant Labor Code Section 2922 with a “just cause” statute, similar to that in Montana and nearly all...


Government, Environmental & Energy, Administrative/Regulatory

The sale of needles and pharmaceutical drugs in California, based on national figures, is estimated to be on the order of $50 ...


Labor/Employment

In working with employers of various sizes, backgrounds, sophistication, and industries, there is some confusion and simple mi...


Civil Litigation, Law Practice, California Courts of Appeal

5 years to trial and death knell orders

May 7, 2019
By Patrick Hammon, Katherine Chilton

Recent rulings are a reminder that California’s “five-year rule” is strict and unforgiving.


U.S. Supreme Court, Labor/Employment

The U.S. Supreme Court will hear three cases in its October 2019 Term concerning whether LGBTQ people are protected from emplo...


California has had construction-related prompt-payment laws on its books for some time. But until recently there’s been confus...


California Courts of Appeal, Appellate Practice

Abbreviated justice

May 7, 2019
By Benjamin G. Shatz

California courts generally decide appeals with written decisions, but memorandum opinions do exist under California law.


Each of us has much to be modest about

May 7, 2019
By Frank H. Wu

I once made a mistake assessing students — not the first time, probably not the last time.


Law Practice

Thank you, Mr. Takahashi

May 7, 2019
By Michael E. Whitaker

On this National Teacher Appreciation Day, let’s salute our teachers who make a difference every day.


Health Care & Hospital Law

An unspoken epidemic: elder neglect in California’s assisted living facilities

May 6, 2019
By Kathryn A. Stebner, Karman M. Guadagni

There are approximately 300,000 elderly Californians currently living in assisted living facilities throughout the state. Whi...


Civil Litigation, Labor/Employment, Constitutional Law

Most everyone knows that nonprofit religious organizations are not treated the same as other entities with respect to some law...


Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice

From legal formalist to legal realist

May 6, 2019
By Myron Moskovitz

Recently, I’ve been ruminating on my career as an appellate lawyer. Over the years, I’ve changed my approach — a lot.