Government, Constitutional Law, Civil Rights
Three Supreme Court opinions on qualified immunity protect unqualified police officers
By James J. Brosnahan
When a court determines that allegations of excessive force in the complaint are well pleaded but decides there is qualified i...
Beware: having a long period of time between setting up a structure and executing the strategy is no protection from an IRS ch...
U.S. Supreme Court, Constitutional Law
U.S. Supreme Court, Government, Civil Rights
Supreme Court holds §1983 damages unavailable for Miranda violation
By Dmitry Gorin, Alan Eisner
Health Care & Hospital Law, Government
Drug reimbursement rates to hospitals must be equal
By Benjamin J. Fenton
Absent surveys that identify hospital drug acquisition costs, the Department of Health and Human Services has no right to with...
U.S. Supreme Court, Constitutional Law
Right to carry no longer for the elite or well-connected
By C.D. Michel
Increased violence simply hasn’t been the result in the 43 states, nor in the two-thirds of California counties where licenses...
International Law, Alternative Dispute Resolution
The Supreme Court ends discovery for use in foreign arbitrations – or does it?
By Kennen D. Hagen
International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...
Government, Ethics/Professional Responsibility
Government lawyers, professionalism and the January 6 Committee
By Marc D. Alexander
If government lawyers abandon professionalism under the pressure of politics, polarization and careerism, one pillar of our Re...
Health Care & Hospital Law, Government
American Hospital Association v. Becerra; words have meanings
By Carol K. Lucas
At the end of the day, this case was not about the policy behind the 340B Drug Pricing Program or the limits of judicial defer...
Russian actions are of immense importance to the sustainability of the Arctic. Russia is a coastal state for a major sea route...
Labor/Employment, Antitrust & Trade Reg.
The birth of criminal antitrust enforcement actions against employers in the United States
By Mary Dollarhide, Khesraw (Kash) Karmand
Under a novel legal theory, the DOJ has taken the position that, from an antitrust perspective, companies that hire or retain ...
Entertainment & Sports
Stream it Tonight! North Country (2005)
By Michael Asimow, Paul Bergman
North Country was based on the real case of Jensen v. Eveleth Taconite Co. in the federal district court in Minnesota.
Government, Ethics/Professional Responsibility
Disbarment proceedings should commence immediately
By Daniel Broderick
To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...
Tax
Can you exchange out of California real estate without paying taxes?
By Robert W. Wood
Most people understand at least the rudiments of 1031 exchanges, but a surprising number of them seem to get messed up. Lawyer...
Labor/Employment, Government
U.S. Supreme Court gives employers a rare victory in arbitration of PAGA claims
By Kacey R. Riccomini, Zoe Spector
For employers in California with appropriately drafted arbitration agreements, this decision alleviates some of the expense of...
Technology, Government
Net Neutrality gets green light, but so far no enforcement in sight
By Anita Taff-Rice
One reason there likely has been no enforcement action is that California consumers who believe they have been harmed by a net...
Military Law, Health Care & Hospital Law, Government
Veterans Benefits decision raises contention over legislative intent
By Sarah Gross
Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...
You must also assume the auditor is the Lord Almighty. If you do not believe in the Lord Almighty, substitute the phrase “an o...
Government, Civil Rights
Invoking Section 3 of the Fourteenth Amendment
By Erwin Chemerinsky
The Fourteenth Amendment, enacted in 1868 after the Civil War, includes a provision that has received relatively little attent...
U.S. Supreme Court, Intellectual Property
Subject matter eligibility for obtaining patent protection
By Dariush Adli
Litigation & Arbitration
Can arbitration be forced on indigent parties?
By Gary A. Watt, Erica Kelley
Like it or not, corporations and other financially able parties may, in some cases, have to decide whether the desire to arbit...
U.S. Supreme Court, Education Law, Civil Rights
Pay to Pray or Pray to Play?
By Mitchell Keiter
The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...
Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...
Insurance, Data Privacy
Third-party email fraud covered by insurance policies
By Peter S. Selvin
Three recent cases have affirmed coverage where a vendor has been impersonated and as a result the company sustained a loss.
Law Practice, Appellate Practice
Appellate delay: the Judicial Council moves forward
By Jon B. Eisenberg
It is a common misconception that someone who submits a complaint to the Commission on Judicial Performance must maintain conf...
U.S. Supreme Court, Immigration
U.S. Supreme Court hands immigrants a rare victory
By Eli M. Kantor, Jonathan D. Kantor
One of the most daunting issues for non-citizens seeking to become permanent residents or green card holders has been: whether...
In the hands of the right producer, it would garner Oscars, a legacy and big bucks.
U.S. Supreme Court, Government, Ethics/Professional Responsibility
What the Jan. 6 Committee should ask Ginni Thomas
By Gabe Roth
Ginni is not a justice, of course, but this saga presents a test for the Supreme Court. Do these ceaseless revelations spur Ch...
Labor/Employment
SCOTUS strikes significant blow to employees PAGA claims
By Brian E. Koegle
Needless to say, this will likely not be “the last word” on the issue of arbitrability of PAGA claims under California law.
U.S. Supreme Court, California Supreme Court
The secret to SCOCA’s consensus
By David A. Carrillo, Stephen M. Duvernay