The electoral college is a mechanism for minority rule. If poll after poll is to be credited, the country as a whole did not w...
Law Practice, Covid Columns, Appellate Practice
How I learned to stop worrying and love the pandemic
By Sidney Kanazawa
At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.
Government, Ethics/Professional Responsibility, Civil Rights
Expanding speech rights of government employees
By Erwin Chemerinsky, Catherine L. Fisk
There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...
Intellectual Property, Contracts
Patent litigation reset
By Michelle E. Armond, Amy Han
Patent office issues new guidance on controversial IPR discretionary denials
Legal Education, Ethics/Professional Responsibility
John Fremont’s California crimes and misdemeanors
By John S. Caragozian
It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.
Ethics/Professional Responsibility, California Courts of Appeal
Court of Appeal warns: evasive discovery responses may come back to haunt you at summary judgment stage
By Hannah E. Berkman, Scott P. Dixler
The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...
Labor/Employment, Criminal, Civil Litigation
Irresponsible servers could face legal consequences
By Miguel A. Custodio
What we don’t yet know is how the law and its requisite training will affect drunk drivers and those injured by them.
Law Practice, Alternative Dispute Resolution
The Heisenberg effect in mediations
By John H. Sugiyama
Being sensitive to the effect that the observer may have on the observed could help prompt seemingly deadlocked negotiations t...
There was a time when it seemed that the avalanche/tidal wave of new asbestos personal injury and death filings in state and f...
Letters
Whims of illegitimately comprised Supreme Court should not bind
By Richard Fitzer
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...