Technology, Government, Administrative/Regulatory
Net neutrality: the next chapter
By Bennett L. Ross
With Democrats poised to hold a majority of the seats on the Federal Communications Commission, the agency is almost certain t...
Family
Rethinking move-away orders in the time of COVID-19
By Noreen M. Evans, Deirdre T. Kingsbury
How should parents and courts approach a move-away case in the time of COVID?
Newton’s laws of motion have been applied to fields as diverse as professional football and NASA’s spaceflights. They also hav...
U.S. Supreme Court, Letters
Column on ‘political’ Supreme Court argues against judges’ conduct code
By Mark B. Baer
Kris Whitten basically argues that the U.S. Supreme Court was designed to be populated by justices who lack the character and ...
On November 2, Michel and Ellen Shane attended the first parole hearing of the man who intentionally and deliberately murdered...
Law Practice, Ethics/Professional Responsibility, Civil Litigation
Uncapping medical malpractice damages — a law of unintended consequences?
By Louie H. Castoria
By this time next year, following the November 8, 2022, midterm election, we should know whether the California Changes to Med...
Law Practice, Ethics/Professional Responsibility, Data Privacy
Spyware companies flagged, raising questions about legal ethics, cybersecurity
By Anita Taff-Rice
James Bond, the dashing and impossibly clever spy, always bested the bad guys thanks to the deep pockets of technology and int...
U.S. Supreme Court, Constitutional Law
By its very design, the US Supreme Court is ‘political’
By Kris Whitten
Criticism of U.S. Supreme Court justices who are identified in the media as “conservative” proceeds apace and seems to have re...
U.S. Supreme Court, Constitutional Law, Civil Litigation, California Supreme Court
Crawford today: Tasting great or less filling?
By Brian M. Hoffstadt
For several decades now, the federal and California courts have been debating -- blessedly, not to the point of fisticuffs -- ...
Letters, Criminal
Criticism of Gascón policies leans on discredited myths about youth crime
By Eric H. Schweitzer
Kathleen Cady's predictive judgments conclude that Los Angeles District Attorney George Gascón is not committed to public safety.
Law Practice, Civil Litigation, Appellate Practice
Navigating civil posttrial motions and the path to appeal in state court
By Paul R. Johnson, Jocelyn Sperling
The trial does not go well, so it is time to consider posttrial motions and an appeal. Posttrial motions can be tricky, given ...
Civil Litigation, Antitrust & Trade Reg.
How much is too much? Olean and the problem of uninjured class members
By Adam Gitlin
How to evaluate defense arguments that a proposed class includes uninjured class members is a question federal courts have bee...
Civil Litigation, Antitrust & Trade Reg.
9th Circuit calls into question viability of future nationwide class of indirect purchasers
By Jason D. Russell, Zack Faigen
On September 29, the appellate court vacated a district court’s order certifying a nationwide class of up to 250 million indir...
Government, Antitrust & Trade Reg.
Federal government enhances focus on labor in antitrust reform
By David Pearl, Neelesh Moorthy
Interest in antitrust reform continues to run high in the federal government, with the focus most recently on the intersection...
Education Law, Administrative/Regulatory
FTC sends notices warning for-profit education institutions
By Michelle Hon Donovan, Jonathan Helwink
The Federal Trade Commission recently announced that it was providing notice that certain marketing activities in the for-prof...
Insurance, Health Care & Hospital Law
EMTALA and Other Unfunded or Underfunded Mandates and Programs Result in Hidden Taxes on Hospital Services and Health Insurance
By Robert C. Leventhal, Damon Rubin
One of the primary causes of the pricing and payment issues: unfunded and underfunded government mandates and programs — chief...
Securities, Corporate, Administrative/Regulatory
A guide to SEC’s sample letter to companies on ESG disclosures
By Raymond Marshall, Matthew Lin
Environmental, social and governance factors have pushed to the forefront of the Securities and Exchange Commission’s attentio...
U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals
It’s Congress’ responsibility to legislate; not the courts’
By Richard A. Samp
The U.S. Supreme Court on October 29 agreed to review a 9th Circuit decision that broadly construed the right of individuals t...
Land Use, Government, Constitutional Law
Too early to talk about Senate Constitutional Amendment 2?
By Lauren Sanchez
Senator Ben Allen introduced SCA 2 in December 2020 after the State Assembly failed to vote on the identical bill, Senate Cons...
On October 28, the Biden administration released the text of the $1.75 trillion Build Back Better Act — also referred to as th...
Health Care & Hospital Law, Government, Constitutional Law
Vaccine mandates are constitutional
By Erwin Chemerinsky
In light of a split among the federal circuit courts of appeals, the U.S. Supreme Court likely will soon need to rule on the c...
Technology, Criminal
AI aIgorithm and techno-babble momentarily flummox Rittenhouse trial
By Lance Eliot
Last week, during the closing stages of the Wisconsin trial of defendant Kyle Rittenhouse, a legal debate ensued over an attem...
Judges and Judiciary, Ethics/Professional Responsibility
Bill proposes an intelligent approach to judicial financial disclosure
By Fred Bennett
The Courthouse Ethics and Transparency Act is a bipartisan bill -- an all-too-uncommon phenomenon in today's political environ...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
ABA allows passive investment in alternative business structures
By Laura C. Riparbelli
The American Bar Association recently undertook the question of whether a lawyer may passively invest in a law firm with nonla...
Law Practice, Appellate Practice
My Most Memorable Client Part III: The Closing Argument
By Myron Moskovitz
This is the third installment of a 4-part (true) story that began two columns ago.
Law Practice, Appellate Practice
The Effect of Reversal on Appeal
By David M. Axelrad
What happens when a judgment is reversed on appeal and remanded to the trial court? That depends on the appellate court’s “dis...
Labor/Employment, Administrative/Regulatory
Will OSHA’s new COVID regulation reach California employers?
By Peter Brown, Alex Volberding
On Nov. 5, the federal Occupational Safety and Health Administration published a new COVID-19 Emergency Temporary Standard. Th...
Letters, Constitutional Law
Abortion and gun control back to the states
By Richard A. Nixon
Dean Erwin Chemerinsky’s recent column states that what has been missing from the discussion of the new Texas law prohibiting ...
Environmental & Energy
CEQA protects California despite special interests’ ‘Big Lie’
By Roger Lin, Douglas P. Carstens
Unfortunately, in recent months a Big Lie about the California Environmental Quality Act has been popping up around California...
Labor/Employment
Good grief, California! Workers need bereavement leave
By Ronald L. Zambrano
More than 750,000 people in the United States have died from COVID-19, but employees in 49 states — including California — hav...