Administrative/Regulatory
California imposes new requirements for automatic subscription renewals
By Kim Phan, Jill Dolan
On Oct. 4, Gov. Gavin Newsom signed Assembly Bill 390 into law, which amends California’s existing law on automatic subscripti...
Labor/Employment, Civil Litigation
Repairing the cracked windshield that is AB 5
By Ronald L. Zambrano
When Assembly Bill 5 — the so-called “gig worker law” — was enacted at the end of 2019, it appeared that California lawmakers ...
Tax, Law Practice
Another settlement taxed because of a poor settlement agreement
By Robert W. Wood
The tax treatment of lawsuit settlements can depend on the wording of the settlement agreement. For example, Debra Jean Blum r...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Paraprofessional program will perpetuate disparities
By Erin M. Joyce, Raquel Greenberg
The State Bar’s paraprofessional program is unlikely to minimize the justice gap and will result in individuals with insuffici...
Judges and Judiciary, Criminal
Our justice system must become more victim-centric
By Eugene M. Hyman
If the pandemic has had any kind of benefit, it’s that it has raised awareness of the functions and dysfunctions of our courts...
Criminal, Corporate, Administrative/Regulatory
Biden administration signals impending increase in white collar prosecutions
By Robert E. Dugdale
While the iconic comic strip character Dick Tracy took great pleasure in informing the villains he nabbed that “crime doesn’t ...
Technology, Law Practice, Data Privacy, Corporate
Amid surge of breaches, laws may mandate reporting of cyberattacks
By Anita Taff-Rice
In a deeply divided Washington, one thing politicians agree on is that cyber crime is a dark and deepening problem. A new repo...
Technology, Law Practice
Prudently getting up-to-speed about AI and the law
By Lance Eliot
Attorneys, jurists, and others throughout the legal profession need to make sure they are cognizant of what is happening withi...
Civil Litigation
Months after TCPA ruling, footnote leaves long, troublesome tail
By Eric J. Troutman
Footnote 7 of the Supreme Court’s ruling in Facebook v. Duguid undermines the “human intervention” standard that was the forme...
U.S. Supreme Court, Letters, Judges and Judiciary
Judges going on record and the spirit of the Rule of Law
By James P. McBride
I would like to thank Dean Erwin Chemerinsky of UC Berkeley School of law for his Oct. 12 column, “There is no such thing as v...
U.S. Supreme Court, Books
Do justices studiously try to avoid deciding cases on the basis of ideology?
By Marc D. Alexander
A review of Justice Stephen Breyer’s “The Authority of the Courts and the Peril of Politics.”
Family
Compliance with statutory rules ensures premarital agreement enforceability
By Franklin R. Garfield
Given that one out of two marriages ends in divorce (and the absence of any evidence that premarital agreements make divorce l...
Letters, Law Practice, Ethics/Professional Responsibility
Attack on use of paraprofessionals makes weak case
By Mark B. Baer
The Oct. 19 column by James A. Gorton and William L. Winslow, “Evidence to support use of paraprofessionals is missing,” conta...
Immigration, Criminal, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit misses the mark on California’s private detention ban
By Jackie Gonzalez, Hamid Yazdan Panah
On Oct. 5, the court struck down Assembly Bill 32, California’s ban on private prisons and detention facilities.
Law Practice, Appellate Practice
My Most Memorable Client Part I: The Alleged Crime
By Myron Moskovitz
The following the first installment of a story in four parts, the next three to run Nov. 1, Nov. 15 and Dec. 6. It is adapted ...
Law Practice, Criminal, Books
‘Darrow’s Nightmare: Los Angeles 1911-1913,’ by Nelson Johnson
By Michael L. Stern
In a new book, “Darrow’s Nightmare: Los Angeles 1911-1913,” Nelson Johnson uses trial transcripts, newspaper accounts and othe...
State Bar & Bar Associations, Law Practice
Evidence to support use of paraprofessionals is missing
By James A. Gorton, William L. Winslow
Among all of the reports and analysis commissioned by the State Bar, there is no empirical justification for the proposition t...
Native Americans
NAVRA takes steps to increase the promises left unfulfilled by the Indian Citizenship Act
By Torey Dolan, Blair Tarman
The Native American Voting Rights Act seeks to address ongoing barriers that Native Americans face when voting and preempt or ...
U.S. Supreme Court, Labor/Employment, Civil Litigation
Washington agency boots Santa-clad right-to-work advocates
By Deborah J. La Fetra
The Washington Department of Ecology allows public employee union representatives to communicate with workers in the building’...
Labor/Employment, Health Care & Hospital Law
What to know about LA’s ‘proof of vaccination’ ordinance
By Tal Burnovski Yeyni
The ordinance states that, beginning Thursday, a covered location must display “prominently on its premises” a notification ad...
Labor/Employment, Health Care & Hospital Law
Proceed with caution handling religious exemption requests
By Jamaar M. Boyd-Weatherby
A few issues to consider when an employee requests a religious exemption from a vaccination mandate.
In recent union actions, the vote was not simply about worker pay. With a record number of job openings nationwide and more em...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Paraprofessionals in a new age: creative solutions for the justice gap
By David M. Majchrzak, Heather L. Rosing
Those who may be opposed to licensing paraprofessionals opine that the failure of these new entrants may negatively impact pub...
A primer on Penal Code Section 1001.36, enacted in 2018, which permits a court to order pretrial diversion for clients with ce...
Labor/Employment, Civil Litigation
Tesla verdict provides simple lesson the hard way
By Leonid M. Zilberman
The recent $137 million jury verdict against Tesla in a racial discrimination case brought by Owen Diaz, a former African-Amer...
Antitrust & Trade Reg.
Antitrust verdict provides lessons for cannabis businesses
By Leo Caseria, Thomas Tyson
A California jury last month handed down what has been reported to be the first antitrust jury verdict involving the cannabis ...
Government
Senate report could be bad news for Trump, former White House staff
By John H. Minan
Last week, the Senate Judiciary Committee issued an interim staff report on the use of the DOJ by Donald Trump and his allies.
Labor/Employment, Constitutional Law, Civil Litigation
In invalidating Prop 22, court overlooked basic constitutional law
By Steven G. Churchwell
In August, a trial court in Alameda County invalidated Proposition 22 — a statutory voter initiative that classified many app-...
Immigration, 9th U.S. Circuit Court of Appeals
Courts confront racist immigration law
By Ahilan Arulanantham
A pair of 9th Circuit cases will examine what the Constitution requires Congress to do when confronted with the present-day ef...
Technology, Law Practice
Gluing together a benchmark for AI natural language legal understanding
By Lance Eliot
There are a veritable plethora of computer-based natural language processing systems these days, such as the widely popular Al...