U.S. Supreme Court, Labor/Employment
More complications for some employers with arbitration agreements
By Michelle Roberts Gonzales
The Bissonnette v. LePage Bakeries Park St., LLC ruling complicates the class and collective action landscape for Cali...
Law Practice
Elevating your practice: Strategic funnel management for lawyers
By George Brandon
The eleven stages that guide law firms through the process of converting potential leads into loyal clients.
California Supreme Court
The meaning of ‘disclosure’ under whistleblower retaliation claims has expanded
By Matthew J. Matern , Julieta Hernandez
The California Supreme Court has expanded the interpretation of “disclose” under California’s whistleblower protection statute...
Legal questions surround Israel’s alleged genocide in Gaza, but is it a crime under international law?
Law Practice, Evidence
Reflecting on spontaneous statements
By Ashfaq G. Chowdhury
The welter of exceptions to the Rule against Hearsay—besides resembling something from the old boardgame Mousetrap—tends to in...
U.S. Supreme Court, Administrative/Regulatory
The fourth time is a charm
By Michael M. Berger
The United States Supreme Court has ruled that the Takings Clause does not distinguish between legislative and administrative ...
Appellate Practice
Form briefs on appeal: A giant step forward for access to appellate justice
By Kevin K. Green
The Judicial Council’s Appellate Advisory Committee is proposing fillable briefs, in a standard format, for appeals to the App...
Entertainment & Sports, Criminal, Books
America’s best-selling author was a California lawyer
By John S. Caragozian
Erle Stanley Gardner was a California lawyer and a best-selling author of mystery novels, most notably featuring the character...
CCP 998 is not intended as a surrogate for punitive damages and it should encourage settlement and reasonableness for both par...
Torts/Personal Injury
Timing is everything in resolving mild traumatic brain injury cases
By Geri L. Green , Premkiran Reddy
Lawyers need to be aware of the uncertain and variable recovery times of concussion-related mild traumatic brain injuries (mTB...
Letters
State bar investigation into John Eastman’s conduct started after numerous complaints
By David C. Carr
The Office of Chief Trial Counsel received multiple complaints about John Eastman, leading to a single State Bar Investigation...
Labor/Employment, California Supreme Court
California Supreme Court broadly construes compensable ‘hours worked’
By John J. Manier
The court's decision in Huerta v. CSI Electrical Contractors provides helpful guidance to employers and employees on th...
Labor/Employment, Criminal
Criminal history shouldn’t stand in the way of employment
By JJ Johnston
Employers should review their application forms and interview questions to remove any inquiries about criminal history. They s...
Land Use, Environmental & Energy
Honor Earth Day by resolving land use and environmental disputes with mediation
By Gideon Kracov , Malissa Hathaway McKeith
California has a Planning and Zoning Law that allows for mediation in various types of land use and environmental lawsuits, bu...
Words can be used to create, resolve, or escalate conflicts. Mediators play an important role in facilitating objective assess...
Technology, Mergers & Acquisitions
Key considerations for AI in M&A transactions
By John Brockland
Acquisitions in the artificial intelligence space are becoming increasingly common. Lawyers must have a strong understanding o...
Environmental & Energy
New federal standards for ‘forever chemicals’ to clean up California’s tap water
By Matthew J. Matern , Hayley Davis
The U.S. EPA announced the first-ever national standards for per- and polyfluoroalkyl substances (PFAS), also known as “foreve...
The Cohan rule is a legal principle that allows taxpayers to deduct expenses without receipts if they can prove them by...
Constitutional Law
Opening Major League Baseball clubhouses to women reporters
By Calvin R. House
In Ludtke v. Kuhn, Melissa Ludtke claimed that banning her from the clubhouse violated her right to equal protection an...
Government
Electronic voting is the best path for accessible voting
By Sylvia Torres-Guillén
California should amend its current ballot return process to comply with federal law and protect the dignity and rights of peo...
Contracts
Arbitration as an effective mechanism for resolving asset purchase agreement disputes
By Daniel B. Garrie
Parties should draft a comprehensive arbitration clause in an asset purchase agreement, including the process, number and sele...
Letters
The Office of Chief Trial Counsel was the interested party, not the public, in the State Bar’s John Eastman trial
By James P. McBride
The State Bar of California filed misconduct charges against John Eastman regarding the 2020 election, but no member of the pu...
In DeVillier v. Texas, the state removed a takings claim from state court to federal court and then argued that there w...
Torts/Personal Injury
Liability of amusement parks and traveling carnival rides
By Reza Torkzadeh , Allen P. Wilkinson
The California Supreme Court has ruled that amusement rides, such as roller coasters, are common carriers and must use the utm...
Securities
SEC trial victory in ‘shadow’ trading trial – what ‘shadow’?
By Barry O'Connell
A jury found former Medivation executive Matthew Panuwat liable for insider trading by trading in Incyte's stock, based on the...
Criminal
Preemptory challenge over ‘lack of life experience’ of Hispanic juror reversed
By Dmitry Gorin , Alan Eisner
The Second District Court of Appeals recently applied 231.7 in People v. Uriostegui, reversing the conviction and order...
Data Privacy
AT&T annual data breaches continue to plague AT&T customers
By Anita Taff-Rice
AT&T opposes new FCC regulations to improve customer data protections and data breach reporting requirements.
U.S. Supreme Court
Bissonnette: The Supreme Court grabs the wheel on the "transportation worker" exemption
By Philip I. Person , Bailey McCabe Hashim
The U.S. Supreme Court has clarified the scope of the “transportation worker” exemption under Section 1 of the Federal Arbitra...
Antitrust & Trade Reg.
Don’t get caught behind the Section 8 ball
By Steven Cernak , Luis Blanquez
Section 8 of the Clayton Act, a key US antitrust law, prohibits interlocking directorates between competing corporations, but ...
Technology
What does the EU Digital Markets Act mean for the tech sector?
By Nicholas Banasevic , Robert Spano
The EU’s Digital Markets Act, which designates some large online companies and their services as gatekeepers, recently went in...