Law Practice, California Supreme Court, Appellate Practice
There is a new kind of risk in California law that affects the way cases should be analyzed, on appeal, in trial, through sett...
At the end of last term, the U.S. Supreme Court hammered a bit deeper the wedge it had previously inserted between electronic ...
Government, Environmental & Energy, Constitutional Law, California Courts of Appeal
The 3rd District Court of Appeal recently ruled that the public trust doctrine can apply to groundwater extraction, but the co...
Did you know that the subatomic particle, the quark, derives its name from Joyce’s impenetrable novel “Finnegan’s Wake”?
As football is America's favorite spectator sport, it is not surprising that many football terms have crept into our everyday ...
Possible federal action imposes grave immigration consequences on older adults and their families for accessing public benefits.
Administrative/Regulatory
San Francisco’s law goes into effect in January, paving the way for it to become the largest city in the United States to ban ...
Environmental & Energy, Administrative/Regulatory
Wildfires, farms, fish and meeting water demands
California’s record-breaking wildfires in 2018 raise not only climate change and forest management issues, but also spotlight ...
International Law, Litigation & Arbitration, Civil Litigation
International arbitration finally comes to California
Effective Jan. 1, 2019, Senate Bill 766 amends the California International Arbitration statute with new rules for California ...
Since the last effort in 2000, there has been little public discourse about the need to put a constitutional amendment on the ...
With the academic year underway, first-year law school students need to be aware of the "seven deadly sins," critical missteps...
As UCI’s law school celebrates its 10th anniversary, ranked 21st among all the nation’s law schools, reviewing those early com...
U.S. Supreme Court, Constitutional Law, California Courts of Appeal
Retroactive tort liability and the First Amendment
Why were three companies singled out to pay an enormous “public nuisance” bill? Because in the first half of the 20th century,...
We will never win the war on poverty in America unless we solve the problem of legal aid first.
Pop-up shops are here to stay; the following is a list of characteristics that should be considered by a landlord interested i...
Alternative Dispute Resolution, Labor/Employment
With just 11 full-time and part-time DFEH mediators, there are far more cases in California that we can assist.
Constitutional Law, 9th U.S. Circuit Court of Appeals, U.S. Supreme Court
A right to bear arms, and no other rights
If Brett Kavanaugh's views becomes the law in more cases like Young v. Hawaii, the right to bear arms is at risk of swallowing...
Defense attorneys in California often are ignoring statutes enacted specifically to help our veterans transition back into pro...
California Courts of Appeal, Appellate Practice, Civil Litigation, Law Practice, Judges and Judiciary, California Supreme Court
A riddle (almost) as old as California
How many judges does it take to finally adjudicate a claim or issue in a case that goes up on appeal?
The road to success for in-house counsel is not about how to survive this corporate jungle, but rather, how to make your mark.
Much of the commentary ignores the fact that the unions had no power to take workers’ wages without state statutes authorizing...
This column marks the 30th anniversary I have been grinding out, I mean writing, columns for the Daily Journal.
Back in the 1980s the California Supreme Court was depublishing a large number of Court of Appeal opinions. It prompted an art...
California Supreme Court, Labor/Employment, Civil Litigation
Who’s an employee? The impact of Dynamex
Earn MCLE credit reviewing the decision, as well as its potential impact on employees and employers, including the likely effe...
The act would penalize a company for suffering a preventable data breach; entitle a consumer to learn what data a company has ...
In my civil court, there is a document that I routinely order removed when it appears in trial exhibit books: requests for adm...
Government, Law Practice, Health Care, Pharmaceuticals, Biotech, Administrative/Regulatory
Other government agencies provide notice to attorneys -- why can't the VA?
Civil Litigation, Judges and Judiciary, Alternative Dispute Resolution
I write on the most common discovery problem — and propose an unusual solution: baseball arbitration.
Earn MCLE credit learning about how to avoid disclosing documents that your company never expected to see the light of day
Law Practice, Alternative Dispute Resolution, Civil Litigation
To settle or not to settle with a joint tortfeasor?
Before you pursue a partial settlement though, either on the defense or plaintiff’s side, it is important to understand the im...