Labor/Employment, California Supreme Court, California Courts of Appeal
As easy as “ABC,” but not exactly in California
By Kevin D. Whittaker, Lara F. Graham
A recent ruling demonstrates that multiple tests for independent contractor status continue.
While the cause of natural disasters is beyond our control, and stopping foreign governments’ malicious cyberattacks is daunti...
Civil Litigation, Appellate Practice
Stay what?
By James C. Martin, David J. de Jesus
Notices of appeal can get you less than you might think
Ethics/Professional Responsibility
Restoring civility in divisive times
By A. Marco Turk
Welcome to the brave new world of legal ethics and professional responsibility.
Legal services tend to fall into three general categories when it comes to estimating fees: the “almost certainly” predictable...
With apologies for various maritime metaphors, here are some examples of mediation buzzkill and ways to avoid it.
Law Practice, Ethics/Professional Responsibility
What not to do when receiving a legal malpractice claim
By Shari L. Klevens, Alanna G. Clair
Emotionally charged decisions made in response to the receipt of a claim rarely end well.
The July 2018 California bar exam overall pass rate of 40.7 percent, the lowest in 60 years, has renewed intense discussion of...
Social media has revolutionized the way people communicate, socialize and stay in touch. In terms of users, the social media r...
Government
Everything you’ve been dying to know about cemetery districts
By Jolena E. Grider
A little-known subset of local government law is the law that applies to special districts, like cemeteries.
Finding a fit
By Myron Moskovitz
Past retirement age and still talking about growing up.
The reform law, as written, appears to repeal the second-degree felony-murder rule altogether.
U.S. Supreme Court, Civil Litigation, Alternative Dispute Resolution
By looking at this column readers agree to arbitrate everything
By Eric B. Kingsley
For those of us who thought it couldn’t get much worse for consumers and employees, the 11th Circuit just decided to kick it u...
State Bar & Bar Associations, Law Practice
Public protection demands a diverse and inclusive legal system
By Jason P. Lee, Leah Wilson
The State Bar of California is embarking on a comprehensive review of the discipline system for bias, including racial, ethnic...
Law Practice, Ethics/Professional Responsibility
The deceptive simplicity of flat-fee arrangements
By David M. Majchrzak, Heather L. Rosing
Despite this seeming simplicity — as with most things in life — the unanticipated can throw a wrench into a flat-fee agreement
Law Practice
Sealing celebrity confidential information: A matter of public interest?
By Dariush Adli
Attorneys seeking to protect their celebrity clients’ personal confidential information disclosed in court proceedings from pu...
Labor/Employment
An Employment Lawyer’s Take on Age Discrimination in Silicon Valley
By Scott E. Cole
Ageism is the leading basis for discrimination complaints in California’s tech culture — 28 percent higher than race.
Civil Litigation, Intellectual Property
Fee award for bad faith in federal trade secrets case is a first
By Dylan W. Wiseman, Rick A. Waltman
Now that one federal court has adopted the two-pronged “bad faith” analysis used by state courts, litigants might expect othe...
Judges and Judiciary, California Supreme Court
Governor Edmund G. Brown Jr. today announced Joshua Groban as his choice for associate justice of the California Supreme Court.
Government, Books
A trial lawyer’s day book of the 2016 presidential election
By Richard Wirick
Many attorneys ruminate in trial, and not always on the matters before them. One hopes that the lawyer Ben Fountain has someon...
Labor/Employment
Consider the true implications of waiving arbitration
By Anthony J. Oncidi
While companies may be making a welcome gesture in support of the larger movement to put an end to sexual harassment in the wo...
Securities, Civil Litigation, Corporate, 9th U.S. Circuit Court of Appeals
Overruled on other grounds by Brehm v Eisner
By Bryan Ketroser
Unlike the Delaware Supreme Court, the 9th Circuit continues to review dismissals of shareholder derivative actions on demand ...
Explaining the law is necessary but not sufficient
Civil Litigation, Intellectual Property
The details are in the devil in this copyright lawsuit
By Bennett A. Bigman
On Nov. 8, the Satanic Temple filed a federal lawsuit for copyright infringement, false designation of origin and other claims...
U.S. Supreme Court, Government, Constitutional Law
Acting AG Matthew Whitaker: religious tests and Marbury v Madison
By Eric B. Kingsley
Since the founding of the republic, religious tests have been anathema in the United States.
U.S. Supreme Court, Immigration, Constitutional Law
Those born in the United States are clearly citizens
By Erwin Chemerinsky
The Constitution and the holdings of the Supreme Court are clear: All persons born in the United States are citizens regardles...
U.S. Supreme Court, Government, Constitutional Law
Appointment of Whitaker raises a tangled web of legal, ethical issues
By John H. Minan
The appointment of Whitaker has created a legal firestorm because of his controversial and radical views on the role of the fe...
Liability considerations for when someone breaks into your computer and sends your money overseas.
Labor/Employment
New law requires California employers to accommodate lactation
By Benjamin M. Ebbink
Employers should carefully review their procedures for providing lactation accommodation in accord with the requirements of AB...
Labor/Employment, Insurance, Health Care & Hospital Law
The carrot and/or stick approach to workplace smoking programs
By Michelle Lee Flores, Marissa H. Alguire
Can California employers encourage employees to quit smoking or penalize them if they don’t?