Law Practice, Appellate Practice
Pro Bono Week 2022 – law in everyday life
By Allison L. Wang
At its heart, the celebration is an opportunity to connect the pro bono community across the nation by showcasing the incredib...
U.S. Supreme Court, Litigation & Arbitration, Labor/Employment
Southwest Airlines provides safe landing for Domino's arbitration agreement
By Andrew Pincus
The Supreme Court's decisions about airplane cargo loaders and in-state delivery drivers undermine the Ninth Circuit's interpr...
Securities, Antitrust & Trade Reg.
Receivership: preserving justice in financial fraud cases
By Ryan Griffith
Financial fraud is becoming a cost of doing business, with no real repercussion other than monetary loss to a defendant that c...
U.S. Supreme Court, Labor/Employment, Constitutional Law
Get the Door. It’s Intrastate Delivery
By Jared W. Slater
Intrastate movement of the new good, created in-state, is not the same good that came from out-of-state.
U.S. Supreme Court, Banking
In Bittner v. United States, the rule of lenity awaits its renaissance
By Joshua M. Robbins
Once broadly and robustly applied to statutory interpretation in this country, the rule of lenity has fallen into relative dis...
Litigation & Arbitration
The status of plaintiffs’ post-offer costs when a 998 offer is rejected
By Laura Reathaford
If the purpose of 998 offers is to facilitate settlement by disincentivizing plaintiffs to proceed to trial in the face of rea...
Labor/Employment
Federal ban on nondisclosures for sex-based claim could be just a first step
By Sonya D. Goodwin
If victims of sexual assault avert further harm by making their stories public, the same should be true for minorities and the...
Litigation & Arbitration
Staying litigation while an order denying arbitration is appealed
By Gary A. Watt, Patrick Burns
The United States Supreme Court may soon decide whether appeals from orders denying arbitration automatically stay liti...
Creating a distinction in Section 5314 between the reporting form and the reporting itself is nothing more than a creative dis...
Including disabled professionals in our employment efforts is our moral obligation, professional responsibility, and legal obl...
Technology, Intellectual Property
California District Court holds dance moves in Fortnite did not infringe copyright
By Lee S. Brenner
The claims in Hanagami involved a registered copyrighted work, which allowed the Court to dismiss the claims after enga...
Judges and Judiciary, Criminal
Criminal justice is at “a familiar crossroads”
By John McKinney
“Reforms” have resulted in weakened criminal accountability and a revolving door of justice – the perfect formula for increasi...
U.S. Supreme Court, Banking
Bank Secrecy Act exposes failure of Congress in articulating its intent
By Ariel A. Neuman, Alexander H. Tran
The circuit split that must be resolved in Bittner - with the Ninth and Fifth Circuits offering competing but both argu...
Someone with cancer often faces unexpected challenges, and though they might not need a lawyer, they may need to know their ri...
Judges and Judiciary
Losing light in favor of darkness – LA court’s relocation of reporters
By Travis M. Poteat
California gave courts $30 million this year to hire reporters for family and civil courtrooms. LASC received $9 million, but ...
Real Estate/Development, California Courts of Appeal
Real estate exactions – again
By Michael M. Berger
It is time for either the California Supreme Court to revisit its earlier decisions in light of the clear holdings and analysi...
Health Care & Hospital Law, Criminal
MICRA does not apply to death due to elder abuse
By Stephen M. Garcia
Plaintiff’s attorneys should guard closely against improper attempts by the defense to sweep wrongful death actions based on e...
U.S. Supreme Court, Education Law, Civil Rights
Yeshiva University and the doctrine of ‘one last chance’
By Gregory Dolin
This Court understands that once someone is compelled to violate their religious precepts, is precluded from speaking, or is p...
Torts/Personal Injury, Intellectual Property, Entertainment & Sports
NIL’s continuing impact on college sports and the law
By Frank N. Darras
The Big Ten conference has always been a major draw in college sports, so it is no surprise that prestigious schools have rece...
Law Practice, Appellate Practice
The balance between “possible” causes and rampant speculation
By Jesse Creed
Trial courts are likely to and should impose real limits on expert opinions regarding “possible” alternative causes under well...
Law Practice, Appellate Practice
Third-parent claims require careful navigation
By Patti C. Ratekin
In 2013, Gov. Jerry Brown signed into law SB 274, granting California’s family and juvenile courts the discretion to recognize...
Entertainment & Sports
Stream it Tonight! Town Without Pity (1961)
By Paul Bergman, Michael Asimow
Even with rape shield laws in place, defense lawyers frequently argue that the victim consented. Such trials can be a harrowin...
Labor/Employment, Health Care & Hospital Law
Leave to care for nonrelatives may now be job-protected
By Kamran M. Shahabi
When Gov. Gavin Newsom signed Assembly Bill 1041 into law, he made it possible for California employees to take leave to care ...
Technology, Ethics/Professional Responsibility
The ethics of ordering videoconference arbitration over a party’s objection, redux
By Christopher David Ruiz Cameron
Are arbitrators actually compelling virtual hearings over the objection of resistant parties?
Letters
Bonta was right, over-taxation of cannabis is spurring illegal crops
By Eugene M. Hyman
Technology, Labor/Employment, Data Privacy
Work at home or office, human error still top reason for data breaches
By Anita Taff-Rice
Cyber attacks are also an issue, where the largest number of attacks are launched against professional organizations, includin...
The rule will help to stop criminal actors, including oligarchs, kleptocrats, drug traffickers, human traffickers, and those w...
Labor/Employment, Judges and Judiciary
Everyone benefits when judges have more retirement options
By Dario Higuchi
The law opens the door for judicial professionals who meet the law’s criteria to step into new and important roles, such as wo...
U.S. Supreme Court, Health Care & Hospital Law
Privately enforceable rights under spending clause on Supreme Court docket
By Anne Schneider
The outcome of this case will have real-world implications on the fate of individual beneficiaries of programs such as Medicai...
Technology, Data Privacy
Work at home or office, human error still top reason for data breaches
By Anita Taff-Rice
Cyber attacks are also an issue, where the largest number of attacks are launched against professional organizations, includin...