Workplace violence is on the rise. In 2017 alone, several fatal shootings occurred in workplaces, including schools, offices, ...
Labor/Employment
#MeToo’s impact on harassment investigations and policies
By Camille H. Pating
The movement created a seismic cultural shift in society’s awareness of the widespread presence of sexual harassment and assau...
Unless you have been living under a rock for the last 10 years, you know that the IRS cares a lot about offshore bank accounts.
U.S. Supreme Court, Constitutional Law
Case may provide privacy guidance
By Anita Taff-Rice
The U.S. Supreme Court's Carpenter decision may provide a valuable tool for citizens demanding greater privacy protections for...
Law Practice, Education Law, State Bar & Bar Associations
Let’s stop grade inflation in higher education
By Frank H. Wu
Grade inflation in higher education is difficult to discuss. Students want to be positioned favorably in the job market. I won...
Immigration, Government
More litigation likely over immigration law
By Benjamin M. Ebbink
On July 4, a federal judge issued a preliminary injunction siding with the Trump administration and blocked enforcement of sev...
U.S. Supreme Court, Tax, Government
Tax act pushback and high court state sales tax ruling
By Erin Bradrick
In June, several comments were submitted requesting delayed implementation of several Tax Cuts and Jobs Act provisions, and t...
Civil Litigation
New cy pres rules will have unintended consequences
By Richard L. Kellner, Craig Ackermann
For decades, California has encouraged class action litigants to include cy pres provisions in class action settlements. Unfor...
How might it matter if Justice Anthony Kennedy is replaced by Brett Kavanaugh?
U.S. Supreme Court, Civil Rights
Does the Supreme Court reflect the America it serves?
By Michele Goodwin
If Brett Kavanaugh is confirmed, he will blend into a culture that replicates itself, but hardly reflects the America it serves.
Civil Litigation, Law Practice, Appellate Practice
Appellate Adventures, Chapter Six: "How Do I Write the 'Procedural Facts'?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Civil Litigation, Law Practice, Judges and Judiciary, California Supreme Court, California Courts of Appeal, Appellate Practice
A riddle (almost) as old as California
By Brian M. Hoffstadt
How many judges does it take to finally adjudicate a claim or issue in a case that goes up on appeal?
Civil Litigation, California Supreme Court
Justices clarify limitations period for toxic tort birth defect claims
By Alan J. Lazarus
The California Supreme Court recently resolved a conflict in the courts of appeal over the appropriate limitations period for ...
Immigration, Government
New immigration policy will silence domestic violence victims
By Julie Greenwald Marzouk
Terrified of deportation, and possible separation from their children, domestic violence victims are now less likely to report...
Family
Gifts from a ‘sugar daddy’ won’t necessarily reduce child support
By Jeffrey P. Blum
A Court of Appeal decision discusses whether recurring gifts may be considered “income” for child support purposes.
Tax, Criminal
IRS offshore amnesty is closing, but still time to join
By Robert W. Wood
For more than 10 years, the IRS hunt has been rigorous. Some people have been prosecuted, and many have faced steep fines, bac...
Intellectual Property
Hype may initially overvalue 5G standard essential patents
By Teri H.P. Nguyen, Lucas H. Dahlin
What happens when the Internet of Things meets 5G meets standard essential patents in an environment of unbridled optimism sur...
U.S. Supreme Court, Civil Litigation, Labor/Employment
An Epic shadow over PAGA
By Edward F. Donohue III
It will take time before there is a definitive decision as to whether California’s rule of non-waiver in PAGA cases can be rec...
The Trump administration has made numerous visa changes that impact immigration law.
U.S. Supreme Court, Judges and Judiciary
Kennedy, Kavanaugh and the OT17 term
By Blaine H. Evanson, Warren Loegering
In all likelihood, Justice Kavanaugh's presence on the court may not affect the outcome in very many cases.
U.S. Supreme Court, Administrative/Regulatory
Is NIFLA the death knell for Prop 65 warnings?
By Steven L. Feldman, Steven L. Crane
Did the U.S. Supreme Court's ruling sound the death knell for these notice requirements that have burdened manufacturers, reta...
Civil Litigation, Government
‘Reverse’ public records suits can have significant price tags
By Derek P. Cole
However future cases may interpret Pasadena Police, the case is consistent with California courts' general policy of construin...
Administrative/Regulatory
Are the new Prop 65 regulations the gift that keeps on giving?
By Ann G. Grimaldi
As the Aug. 30 effective date approaches, the new regulations already are having a significant effect on consumer product supp...
The road to success for in-house counsel is not about how to survive this corporate jungle, but rather, how to make your mark.
Letters, Judges and Judiciary, 9th U.S. Circuit Court of Appeals
Kozinski column should have noted allegations
By Heidi S. Bond, Alexandra Z. Brodsky, Charlotte Garden, Joanna L. Grossman, Katherine H. Ku, Nancy Leong, Leah M. Litman, Claire Victoria Madill, Sara A. McDermott, Emily R.D. Murphy, Dara E. Purvis, Nancy B. Rapoport, Beth H. Wilensky
The one-sentence biography accompanying the piece states that Kozinski “retired” from the U.S. Court of Appeals for the Ninth ...
Civil Rights, California Supreme Court
Nonparty injunction ruling in online review case is a first
By Brian M. Willen
The California Supreme Court issued a landmark ruling squarely addressing whether a nonparty online service provider could be ...
U.S. Supreme Court, Labor/Employment
Janus was about state power, not unions
By Deborah J. La Fetra
Much of the commentary ignores the fact that the unions had no power to take workers’ wages without state statutes authorizing...
U.S. Supreme Court, International Law
American courts owe respect to foreign court interpretations, but need not defer
By Christopher A. Whytock
In its October 2017 term, the U.S. Supreme Court considered the amount of deference U.S. courts should give to foreign governm...
Health Care & Hospital Law, Administrative/Regulatory
Federal government’s annual health care fraud takedown
By Nina Marino, Jennifer Lieser
Under the leadership of Attorney General Jeff Sessions, this years takedown focused on medical professionals seen as having co...
Securities, Corporate
New lessons about data breaches and insider trading
By Joshua M. Robbins, Adam M. Sechooler
The massive Equifax data breach has brought new attention to the challenges companies face in securing consumers’ personal inf...