Government, Criminal
DA Jackie Lacey has been a champion of mental health reform
By Paul A. Thompson
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
A flimsy reason to deny the right to free exercise of religion
By Arash Hashemi
“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
Proposal would allow passing Prop 65 obligations down chain of distribution
By Peter W. McGaw
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.
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
California Legislature takes steps to prevent hairstyle discrimination
By Bryan L. Hawkins
Senate Bill 188 would significantly broaden employees’ protections against improper race discrimination and make California th...
In is May 9 column, “Reflections on a sentence of life without parole,” John Mills begins with a question posed by his client:...
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
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
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?
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...
“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
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
Vazquez ‘guidance’ throws future plaintiffs a bone or 2
By Tamarah P. Prevost
The 9th Circuit does not explicitly tell the remanding district court how to rule. But it comes close by describing the approp...
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?
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
Banning compulsory arbitration clauses is not the answer
By Michael H. Leb
Of course, the devil is always in the details. But, there are other ways to address the legitimate objections to arbitration w...
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?
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
It’s time for California to enact ‘just cause’ legislation
By William M. Crosby
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
California’s new extended producer responsibility program for home-generated pharmaceutical and sharps waste
By Charles A. White
The sale of needles and pharmaceutical drugs in California, based on national figures, is estimated to be on the order of $50 ...
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
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
New justices and shifting public opinion make Title VII cases hard to predict
By Sanford Jay Rosen
The U.S. Supreme Court will hear three cases in its October 2019 Term concerning whether LGBTQ people are protected from emplo...
Ruling should put an end to confusion over prompt-payment laws
By Garret D. Murai
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
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
By Frank H. Wu
I once made a mistake assessing students — not the first time, probably not the last time.
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
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
Employment laws of employees of religious institutions is a fact intensive inquiry
By Tim B. Del Castillo
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
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.