Civil Litigation, Law Practice
Social media discovery: 20 commonly asked questions (Part 1)
By Peter R. Boutin, George A. Croton
Unfortunately, courts, legislatures and practitioners have struggled in developing cohesive guidelines for keeping up with the...
Civil Litigation, Labor/Employment, California Courts of Appeal
Minimum wage applies to charter cities and all counties
By Peter J. Brown, Megan Atkinson
A recent Court of Appeal ruling held that California’s state minimum wage applies to all public employers, including charter c...
Tax, Civil Litigation
New tax rules could swallow up much of the Monsanto verdict
By Robert W. Wood
The new tax math under President Donald Trump’s tax bill can be onerous.
Labor/Employment
NLRB ‘win’ for gig economy might not help California employers
By Tiffany Tran
As the gig economy continues to expand and businesses grapple with remaining legally compliant with the ever-evolving employme...
Law Practice, Ethics/Professional Responsibility
My big mouth!
By Neville L. Johnson, Douglas L. Johnson
Much of an attorney’s job is communication—but when can legal communication result in liability?
Civil Litigation, Law Practice, Alternative Dispute Resolution
Do local rules empower superior courts to order cases to mediation?
By Robert B. Jacobs
In view of their existing budgetary constraints and limited resources, superior courts are incentivized to do everything in th...
Civil Litigation, Letters
Selective application of amendments to states no longer a viable argument
By Bruce M. Brusavich, Robert S. Peck
Recent attempts to defend MICRA fall short.
Alternative Dispute Resolution
Moral disengagement and the college admissions scandal
By Phyllis G. Pollack
With an understanding of moral disengagement, one can be better equipped to respond and work with parties to reach a just reso...
Law Practice, Ethics/Professional Responsibility
How to effectively address conflict issues in advance
By David M. Majchrzak, Heather L. Rosing
Ironically, the risk of having an ineffective waiver is even greater when lawyers try to get out in front of the issue and obt...
Civil Litigation, Letters
Column defending the indefensible MICRA left out an important point
By Nathaniel J. Friedman
In the first case upholding MICRA, the California Supreme Court quoted the preamble to MICRA, and it’s an important point.
Government, Environmental & Energy, Administrative/Regulatory
Agencies finally begin to address dangers of PFAS
By Steven H. Goldberg, Leila Bruderer
This article provides background on polyfluoroalkyl substances, highlights recent regulatory developments and raises, as yet, ...
Labor/Employment, Government, Administrative/Regulatory
DOL proposes to raise salary for white collar exemption threshold
By David Prager
Under current regulations, employees primarily engaged in executive, administrative, or professional duties, and who receive ...
For the TL/DR audience, the takeaway from a recent trademark case brought by Converse is that when it comes to the importance ...
Regardless of one’s legal, philosophical or moral views on sex work itself, it is not difficult to conclude that something has...
Government, Administrative/Regulatory
DOJ turns attention to False Claims Act guidance instead of rules
By Matthew Zandi
Deputy Associate Attorney General Stephen Cox recently highlighted and clarified several recent U.S. Department of Justice pol...
Government, Administrative/Regulatory
Expect California’s data privacy to laws to become the governing model
By Gerald L. Sauer
A hodge-podge: That's the current U.S. data privacy regime.
Government, Constitutional Law
Panel hears arguments over Trump tweets
By John H. Minan
On Tuesday, a panel of federal appellate judges considered free speech rights in the context of President Donald Trump’s well-...
Civil Litigation
MICRA’s ‘cap’ comports with right to a jury trial under 7th
By Fred J. Hiestand
Despite recent reports, MICRA’s cap on noneconomic damages passes muster under the 7th Amendment right to a civil jury trial.
Law Practice, Ethics/Professional Responsibility
Inequality, polarization are undermining ethical lawyering
By Scott Cummings
The opportunity for lawyers to mediate conflicting viewpoints and interests toward some broader vision of the public interest ...
Civil Litigation, Constitutional Law
Holding gun manufacturers responsible for reckless ads
By Hannah Shearer
Manufacturers may soon find themselves back in the hot seat after a March 14 decision from the Connecticut Supreme Court.
Judges and Judiciary
African-American women on the California bench: a history
By Brenda Harbin-Forte
Brenda F. Harbin-Forte, a judge on the Alameda County Superior Court, has researched and written about African-American women ...
Government, Administrative/Regulatory
Despite outcry over massive data breaches, little has changed
By Anita Taff-Rice
Moody's, one of the world's largest credit rating agencies, may be headed in the right direction. It announced last year that ...
Securities, Corporate, Banking
Strategies to become a successful emerging fund manager
By Sara L. Terheggen
First-time funds have been growing at a healthy pace year over year with continued upward growth since 2013.
Government, Environmental & Energy, Administrative/Regulatory
Energy initiatives provide new opportunities for central valley farmers
By Buck Endemann
Over the past few years, California has passed or strengthened several incentives to promote the more efficient production and...
Government, Criminal
Although the system is broken, halting executions isn’t the answer
By Arash Hashemi
As a defense attorney, I’m against the death penalty. But as a private citizen, I’m for it.
Government, Criminal
Newsom disrespects victims, their families and voters
By John M.W. Moorlach
Justice. It means giving people what they deserve. For stone-cold killers convicted in the justice system, passed through the ...
Government, Criminal
Newsom may have halted executions, but the machine keeps on ticking
By John R. Mills
Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...
Insurance, Government, Criminal, Administrative/Regulatory
Can you insure the cannabis industry without violating federal law?
By Joshua J. Borger
Marijuana may present the most combative clash between federal and state law today. California legalized medical marijuana in ...
U.S. Supreme Court, Intellectual Property, 9th U.S. Circuit Court of Appeals
Restoring balance to software copyrights
By Peter S. Menell, David O. Nimmer
Our previous article addresses the substantive defects of the U.S. Court of Appeals for the Federal Circuit’s rulings in the O...
Law Practice, Ethics/Professional Responsibility
How not to be a lawyer
By Mark L. Tuft
A lawyer who finds himself in a situation of having to turn on his client in an attempt to justify his own intentional miscond...