Civil Litigation, Construction
Indemnity provisions: a powerful tool in a contractor’s toolkit
By Garret D. Murai
Insurance and indemnity provisions are the primary risk-shifting tools for owners and contractors. Sometimes, though, insuranc...
Environmental & Energy, Administrative/Regulatory
Glyphosate’s Prop 65 listing may affect everyone in the supply chain
By Amy B. Alderfer
This is likely to affect everyone in the supply chain from growers to manufacturers, to distributors to retailers.
Judges and Judiciary, Government
Every judge is free (from what?)
By Richard A. Schulman
The concept of judicial independence has been in the news a lot lately. But seldom do people ask: Independent from what? And w...
Government, Education Law, Civil Rights, Administrative/Regulatory
Changing sexual assault rules: wrong time, wrong way
By Barbara S. Bryant
Education Secretary Betsy DeVos has announced plans to modify Obama-era rules regarding campus sexual assault.
U.S. Supreme Court, Civil Litigation
Roadblocks to mass actions
By Brian S. Kabateck, Nicholas R. Moreno
In light of recent U.S. Supreme Court rulings, the plaintiffs’ bar will have to adapt its approach to national mass actions.
Civil Litigation, Law Practice, California Supreme Court, California Courts of Appeal, Appellate Practice
Skipping technicalities really can result in summary judgment
By Jens B. Koepke
Form should not win over substance. When it comes to SJ, however, that precept may not apply as much anymore.
Law Practice, Ethics/Professional Responsibility
Emails, e-fails and risks to sanity
By Louie H. Castoria
Civility aside, lawyers have professional concerns about their use and abuse of email. Here are a few.
Civil Litigation, Alternative Dispute Resolution
You got an arbitration award in California. Now what?
By Aaron B. Bloom
For many reasons, it is usually advantageous to have an arbitration award confirmed in California state court. But not always.
Civil Litigation, Insurance, California Supreme Court, California Courts of Appeal
Additional insureds and bad faith
By Kirk A. Pasich
Review a new ruling dealing with when an insurer breaches its duty to defend an additional insured.
Civil Litigation, Law Practice, 9th U.S. Circuit Court of Appeals
Cy pres is alive and well in class action settlements
By Caleb H. Liang, James M. Lee
The 9th Circuit has approved the use of cy pres in settlements where there are millions of class members who would receive pen...
Law Practice, Ethics/Professional Responsibility
Spot warning signs in the quest for new clients
By J. Randolph Evans, Shari L. Klevens
In the never-ending search for new clients and more work, attorneys are often willing to overlook or explain away the warning ...
Tax, Civil Litigation, Government, California Supreme Court, California Courts of Appeal
It just got easier to pass local taxes
By Meriem L. Hubbard
Time will tell what a recent state high court decision means for local taxation. But it appears to make it easier to pass loca...
U.S. Supreme Court, Mergers & Acquisitions, Corporate, Bankruptcy
Justices to weigh complex M&A safe harbors
By Neal S. Salisian, Stephanie Chau
The Supreme Court’s grant of certiorari in a case is a clear indicator that it is ready to resolve the endemic circuit split o...
Immigration, Government
What the ‘wind down’ will mean for current DACA applicants
By Kathleen Spero
The end of the Deferred Action for Childhood Applicants program will affect almost 800,000 young people present in the U.S. wi...
Insurance, California Supreme Court, California Courts of Appeal
Punitive damages for failing to defend developer
By Roger C. Haerr
The California Court of Appeal recently affirmed in part a punitive damages award arising out of an insurer’s bad faith in ref...
Government, Corporate
SEC settlements can bring unintended consequences for CPAs
By Mark Mermelstein, Kevin Askew
A settlement with the Securities and Exchange Commission can, and often does, prompt aggressive disciplinary action by the Cal...
Intellectual Property, Corporate
Don’t wait to address common trademark issues for startups
By Jennifer Lee Taylor, Margaret Mayo
Choosing the right name for your company from a branding perspective is important. Equally important, however, is avoiding a n...
Tax, Government
California’s 13.3 percent tax rate can encourage wanderlust
By Robert W. Wood
California’s Proposition 55 extended the “temporary” 13.3 percent tax rate. How temporary is it? Just until 2030.
Immigration, Government
End of DACA is an opportunity for real immigration reform
By Kevin R. Johnson
By eliminating DACA Trump is giving Congress a historic opportunity for immigration reform. This is a chance for lawmakers to ...
Law Practice, Civil Rights, State Bar & Bar Associations
California’s bar pass score has a clear disparate impact
By Mitchel L. Winick
The disparate impact of the current minimum passing score is not being questioned. The State Bar’s own statistics appear clear...
Civil Litigation, California Supreme Court, California Courts of Appeal
Gravamen theory in anti-SLAPP
By Thomas A. Delaney
Yet another conflict may be looming on the proper analysis of mixed causes of action in the context of the anti-SLAPP statute.
Military Law, Government, Criminal
The kangaroo court martial of General William Hull
By James Attridge
On March 25, 1814, Hull became the only general in American history sentenced to death.
U.S. Supreme Court, Government, Constitutional Law
Pardon precedent: They cite it, but did they read it?
By Kris Whitten
The pardon of Joe Arpaio has caused the stir it was apparently intended to generate — and the Daily Journal recently published...
Transportation, Administrative/Regulatory
Solutions needed as self-driving cars speed towards the next level
By Jonathan A. Michaels
While fully autonomous “level 5” vehicles are still some time out, scores of automakers are already introducing level 2 (parti...
Civil Litigation, California Supreme Court, Bankruptcy, 9th U.S. Circuit Court of Appeals
Spendthrift clauses get a new limitation
By Megan Lisa Jones
Ambiguities in the California Probate Code led to disagreements among courts. Under the current ruling, a bankruptcy estate is...
Civil Litigation, Law Practice, Appellate Practice
Filing the Notice of Appeal
By Myron Moskovitz
If you screw up this one, there is no appeal.
Government, Constitutional Law, Civil Rights
An assault on the freedom of the press
By Duffy Carolan
The UN high commissioner for human rights recently railed against President Trump for his attack on freedom of the press.
Back in the old days when I practiced law, I stumbled through rounds of combat with the IBM Selectric. To place the boxing ana...
Securities, Corporate, Administrative/Regulatory
What ‘finders’ need to know about California corporate law
By Harrison D. Finch
California now grants an exemption that allows individuals acting as “finders” to receive transaction-based compensation witho...
Government, Environmental & Energy, Administrative/Regulatory
Nature abhorrent vacuum
By Clark Morrison
How California is filling the void in federal environmental regulation.