Transportation
Tesla: a newcomer, a game changer... a financial disaster?
By Jonathan A. Michaels
This month, Tesla released its 2018 first quarter financials, with horrid results. In the first three months of the year, Tesl...
Insurance
Future of cryptocurrency insurance is tough to predict
By Florence A. Druguet, Barry L. Weissman
The insurance industry has found it challenging to insure cyber data. Cryptocurrencies present even more challenges.
Tax, Government
Economic tool under new tax law could spur new development
By Phil Jelsma
With a goal of fueling long-term private sector investment in low-income urban and rural communities, the Tax Cuts and Jobs Ac...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Restore Federal Arbitration Act to its rightful place
By John F. Querio, Felix Shafir
The Supreme Court should reject the National Labor Relations Board’s interpretation of the FAA and ensure arbitration agreemen...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Worker civil rights depend on legal action
By Jocelyn D. Larkin
A decision by the Supreme Court to allow employers to deprive employees of their statutory rights to take concerted action wil...
Education Law, Constitutional Law
What can schools do about cyberbullying?
By Gregory J. Rolen
The Founding Fathers could not possibly have anticipated bullying in cyberspace. But they did appreciate, and protected, the r...
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
Can prior pay inform a new hire's salary?
By Kathryn G. Mantoan
Learn how the 9th Circuit’s en banc opinion in Rizo v. Yovino both clarifies and complicates the question.
Insurance, Government, Administrative/Regulatory
From mudslides to molestation: a question for the Legislature
By Jaymeson Pegue
If the Legislature can move a bill like SB 917 to shore up coverage for landslides, can it also move to give more teeth to Ins...
Insurance, Government, Administrative/Regulatory
Senate Bill is bad for homeowners affected by wildfires
By Jon B. Eisenberg
Why is the insurance commissioner sponsoring a bill that would make it easier for insurance companies to shortchange homeowner...
Tax, Civil Litigation, Law Practice
Need a CPA to produce records? Here’s their rules
By Benjamin Koodrich
Even if a subpoenaing party has complied with the notice procedures, there may be other reasons that a CPA may not be able to ...
Transportation, Government, Administrative/Regulatory
Dockless scooters: fun, convenient and unregulated
By Sally Morin
Only time will tell whether scooter-share companies will have to face the regulatory music.
Civil Litigation, Alternative Dispute Resolution
Don’t let you bottom-line position become a ceiling
By Robert S. Mann
There is a time and place for revealing the bottom line, but it’s usually at the very end, not the very start of mediation or ...
Civil Litigation, Labor/Employment, California Supreme Court
Employee classification ruling might not apply to truckers
By Miles L. Kavaller
If a shipment originates out of state or out of the country and is transported into California, for example, and then from the...
Civil Litigation, Entertainment & Sports, Antitrust & Trade Reg.
Festival 'radius clauses' put to test
By Delia Ramirez
Over the past few years, the festival industry has grown exponentially — and with that so too has the scope of radius clauses ...
Law Practice, Law Office Management
What to expect when leaving your firm
By Daniel O'Rielly, Dena Roche
It turns out that what may appear unlikely or uncommon is quite usual in partner departures, and some circumstances that may b...
Civil Litigation, Insurance
Don’t get ‘wipsawed’ by your liability insurer
By Dominic Nesbitt
Under a claims-made-and-reported policy, the consequences of a delay in reporting can be disastrous, namely a complete loss of...
U.S. Supreme Court, Government, Constitutional Law
Eminent domain law continues to evolve in California
By Bradford B. Kuhn
Aside from the legislative activity (or inactivity), there remains a heightened sensitivity to the use of eminent domain by pu...
Civil Litigation, Labor/Employment, California Supreme Court
Unanswered questions after employee classification ruling
By Gina M. Roccanova
The simplicity of the employee classification test recently announced by the state high court is something of a double-edged s...
Intellectual Property
Patent eligibility memo seeks to translate rulings into guidance
By Evan S. Day, Joseph P. Reid
The Patent Office recently issued a memorandum to its examiners seeking to translate the recent Federal Circuit decisions into...
U.S. Supreme Court, Government, Entertainment & Sports, Constitutional Law
The smart money is on federalism
By Jonathan Wood
Any day now, the U.S. Supreme Court will announce its long-awaited decision in a challenge to the Professional and Amateur Spo...
Civil Litigation, Insurance, Construction, California Courts of Appeal
Can an intentional act really result in an accident?
By Garret D. Murai
Here's one to check off your bucket list of ponderables: If you engage in an intentional act that results in an unintended acc...
We in the judiciary and the legal professions must inform the public how an independent judiciary is vital to our democracy.
U.S. Supreme Court, Tax, Civil Litigation, Government
Did something happen on the way to the Wayfair?
By William Gregory Turner
Maligned as it is, if not the Quill physical-presence standard, then what else?
U.S. Supreme Court, Tax, Civil Litigation, Government
Supreme Court can overturn Quill because it applied the wrong rule
By Darien Shanske
The dog that didn’t bark at oral argument was whether Quill was rightly decided as a matter of law. It was not.
U.S. Supreme Court, Tax, Civil Litigation, Government
In the beginning there was Quill, then came Bezos
By Mark R. Yohalem, C. Hunter Hayes
South Dakota has asked the Supreme Court to say what the commerce clause requires, and the court should give what it knows to ...
Bankruptcy
‘Cram-downs’ of unsecured liens in a Chapter 11 reorganization
By Stuart B. Rodgers
This article seeks to address the general mechanics of the debtor's ability to "cram-down" undersecured liens in a Chapter 11 ...
People love our stories more than they love the raw facts
U.S. Supreme Court, Government, Administrative/Regulatory
User data protection a bit CLOUDy after Microsoft case
By Zachary K. Nguyen
The Clarifying Lawful Overseas Use of Data Act was enacted into law on March 23 — after oral arguments before the Supreme Cour...
Civil Litigation, California Courts of Appeal, Appellate Practice
California Public Records Act: Who pays attorney fees and when in ‘reverse’ actions?
By Ruthann G. Ziegler
A recent appellate decision analyzed complicated issues relating to which party in a “reverse CPRA” lawsuit pays attorney fees.
Law Practice, Ethics/Professional Responsibility
Know when to withdraw
By Shari L. Klevens, Alanna G. Clair
While clients typically can fire their attorney at any time and for any reason, attorneys do not always have the same luxury.