U.S. Supreme Court, Environmental & Energy, Civil Litigation
Climate changes heads back to the high court
By Richard M. Frank
Recently the U.S. Supreme Court granted review in its first environmental cases of the court’s current term; they focus on the...
Securities, Corporate
ESG and SEC: The path forward for ESG manager rulemaking
By W. Hardy Callcott, Ranah L. Esmaili
Investor demand for environmental, social and governance, commonly referred to as “ESG,” investment opportunities has surged w...
To paraphrase “Hamlet,” “Separated, or not separated — that is the question” The date of separation is legally the date of the...
Criminal
AB 1793 and cannabis conviction relief via automatic record clearance
By Alia Toran-Burrell
The bill embodies a new, more just approach in which government initiates and completes the process for reducing, dismissing, ...
Criminal
9th Circuit creates private search exception circuit split
By Dmitry Gorin, Alan Eisner
The 9th Circuit recently created a circuit split regarding the private search exception to the Fourth Amendment and government...
Intellectual Property
Biden administration emphasizes 'quality; in patent proposals
By Sarah Geers, Matt Johnson
This past summer, President Joe Biden issued an Executive Order on Promoting Competition in the American Economy. This executi...
U.S. Supreme Court, Data Privacy, Civil Litigation
TransUnion changes the game in data breach and privacy class actions
By Ronald I. Raether, Tambry L. Bradford-Morales
This summer, the U.S. Supreme Court ruled that plaintiffs must suffer concrete harm to have standing to recover for a statutor...
Torts/Personal Injury, Civil Litigation
Key steps in trucking litigation
By Katherine Harvey-Lee
Commercial trucking litigation is complex. The complexities of the collision, the extent of the injury, the intricacies of the...
Technology, Law Practice, Ediscovery
TAR can be a sticky situation when not adequately addressed in an ESI protocol
By Daniel B. Garrie, Gail A. Andler
Most litigated matters involve reviewing electronically stored information that amounts to the digital equivalent of not just ...
Technology, Tax
As IRS pursues crypto, some tax theories may surprise you
By Robert W. Wood
We are already seeing crypto audits by the IRS and some states (notably California’s Franchise Tax Board), and more are sure t...
Law Practice, Ethics/Professional Responsibility, Criminal
How to avoid becoming an accomplice to a client’s criminal conduct
By Shari L. Klevens, Alanna G. Clair
In recent years, many cases involving allegations of high-profile financial crimes have also involved the accused's lawyers, w...
Environmental & Energy
Fighting climate change in California: navigating burdens, opportunities
By Peter Hsiao
Drought, wildfires and "bomb-cyclone" rains are dramatic examples of how climate change affects our state. The proposed soluti...
U.S. Supreme Court, Constitutional Law
The attack on NYT v. Sullivan and its impact on local journalism
By Kaiyi A. Xie
Our jurists and elected officials would do well to heed Andrew Hamilton's summation nearly three centuries ago, which Founding...
Technology, Law Practice
In-person trial gone remote: benefits and lessons learned
By Paul R. Kiesel
Hard to believe it is November and our fully remote jury trial is still ongoing. We have experienced all the phases of COVID-1...
Military Law, Health Care & Hospital Law
A new process for medical malpractice claims against the military
By Eileen C. Moore
It took seven decades to open the first tiny crack in the Feres doctrine dam. What remains to be seen is how lawyers will be a...
Tax, Civil Litigation
Tax-free physical sickness or taxable emotional distress?
By Robert W. Wood
Section 104 of the Internal Revenue Code shields damages for personal physical injuries and physical sickness from taxes, but ...
Technology, Law Practice
Wittgenstein rules paradox is crucial for understanding AI and the law
By Lance Eliot
Lawyers need to mindfully consider what they don’t know, even when they do not explicitly realize they are unknowing. The idea...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Paraprofessionals can help to fill the justice gap
By Zachariah DeMeola, Michael Houlberg
The access to justice crisis in California, and throughout the United States, is both real and large. It spans across multiple...
Labor/Employment, Health Care & Hospital Law
Combatting the rise in wage and hour and PAGA litigation in the health care industry
By Dawn M. Irizarry, Amy S. Williams
California courts have continued to issue groundbreaking wage and hour decisions that have dramatically changed the legal land...
Health Care & Hospital Law, Government
A guide to the False Claims Act for health care practices
By Benjamin J. Fenton
As the name implies, the False Claims Act in the health care sector prohibits workers from submitting fraudulent claims. In ot...
Tax
If you squander this once-in-a-lifetime chance to make tax-free gifts, you’re not a bad person
By Andrew Gradman
Congress recently floated a proposal to halve the estate and gift tax exclusion, effective January 1. As of this writing, this...
Civil Rights, Civil Litigation
Web accessibility: The new wave of litigation
By Eileen R. Ridley, John J. Atallah
Website accessibility claims have been around for some time. However, they have been rapidly trending upward following the ris...
Government, Environmental & Energy
Is Congress moving too little and too slow on climate change?
By Gerald George
The current spate of headlines about Biden’s inability to advance his agenda seems odd to any political realist. Who would bel...
Law Practice, Civil Litigation, Appellate Practice
Memo-dispo No-no
By Benjamin G. Shatz
Apart from the substantive law, there’s a valuable lesson in a recent 9th Circuit ruling about citing unpublished decisions.
Securities, Corporate
California adopts equity crowdfunding exemption for seed capital
By Mark T. Hiraide
Beginning next year, a new state securities law will significantly reduce the out-of-pocket cost of raising up to $300,000 in ...
Technology, Corporate
DAOs present interesting opportunities and challenges
By Stuart D. Levi, Mana Ghaemmaghami
In recent months, there has been a marked increase in the number of decentralized autonomous organizations, known as DAOs, tha...
I am convinced there are other more pervasive causes of what I see as a troubling phenomenon, the students running the agenda.
Torts/Personal Injury, Entertainment & Sports
Alec Baldwin shooting: What we know and what we don’t
By Michael E. Rubinstein
In the aftermath of the October 21 shooting on the set of filming “Rust,” there are a few facts that we do know. But there is...
Data Privacy, Corporate
DOJ turns to familiar tool to address cybersecurity threats
By Jim Zelenay Jr., Eric D. Vandevelde
As part of the Biden administration's ongoing efforts to modernize and bolster the nation's cybersecurity practices, last mont...