U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
High court should require agencies to be transparent about decision-making
By Damien M. Schiff, Charles Yates
In a recent case the Supreme Court must grapple with a question of fundamental importance to any system of popularly accountab...
Corporate
Institutional investors’ role in diversifying boardrooms
By Teresa L. Johnson, Amy V. Endicott
In the past three years, California has made headlines for requiring the boards of publicly traded companies headquartered in ...
Granted, I made a big deal about my 300th column. When I brought it up in conversation, others would change the subject. I ack...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 14: "More Tips on Writing the Argument"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.
Government, Constitutional Law, Administrative/Regulatory
High court should clarify that agencies cannot break the law without consequence
By Jeffrey McCoy
To ensure that agencies act within the law’s confines, courts, especially the Supreme Court, must hold those agencies accounta...
Immigration, Government
Biden-Harris administration priorities for rebuilding the asylum system
By Blaine M. Bookey
Over the last four years, the Trump administration has all but eliminated asylum protection in the United States.
Labor/Employment
Key COVID-19 points for employers to keep in mind in 2021
By Shaye N. Schrick
Employers must continue to navigate the various intertwining — and sometimes contradictory — employment laws affecting their w...
Law Practice, Ethics/Professional Responsibility
Catch the client’s eye: The evolution of trade names in the law
By Heather L. Rosing, David M. Majchrzak
A century ago, lawyer advertising was widely considered to be unprofessional and uncouth. In keeping with this, most law pract...
Government
Time to amend the Presidential Transition Act of 1963
By Mathew S. Rosengart
There are typically about 5,000 federal job openings that a new administration needs to fill; prospective Cabinet and sub-Cabi...
Civil Litigation
Mastering the use of special masters in complex civil cases
By Daniel B. Garrie, Gail A. Andler
lack of proper judicial management could cause these cases to place unnecessary burdens on the court or the litigants, raise ...
Law Practice, Ethics/Professional Responsibility
Ethical online marketing for lawyers during the COVID-19 pandemic
By Kristen Marquis Dennis
One day in March, everything changed. Governor Gavin Newsom declared a state of emergency in California and implemented a stat...
Law Practice
Thankfulness during the pandemic for California lawyers
By Shari L. Klevens, Alanna G. Clair
Here are four ways that the legal profession has changed for the better this year.
Constitutional Law, Civil Litigation, California Courts of Appeal
A plea for publication: ruling on common takings issue
By Michael M. Berger
The case warrants the publicity of publication because it discusses an issue that arises with some regularity, but does not us...
Criminal
2021 signals a new day for criminal justice in California
By Lara Yeretsian
Beginning Jan. 1, 2021, major reforms will affect the juvenile justice system, the treatment of misdemeanor offenders, the rig...
What the Biden administration may mean for employers nationwide
Administrative/Regulatory
Administration change may coincide with TCPA changes
By Eric J. Troutman
At nearly 30 years old, the Telephone Consumer Protection Act remains the crown jewel of the federal response to the robocall ...
Construction, Civil Litigation, California Courts of Appeal
Can a public entity demand substitution of a subcontractor?
By Garret D. Murai
The Listing Law assumes that when substituting one subcontractor for another, it is the direct contractor who is making the su...
The juxtaposition of liberty and justice, also found in the concluding words of the Pledge of Allegiance, should give pause to...
Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit settles novel question over new answers
By James Sigel, Adam Sorensen
The court recently settled a novel procedural question about when defendants should respond with a new answer to an amended co...
Health Care & Hospital Law, Constitutional Law
Mandatory vaccinations and the Constitution
By David Belcher, Michael Belcher
Although Americans’ willingness to receive a COVID-19 vaccine has increased in recent weeks, current levels of support are unl...
Technology, Law Practice
Dissecting a legally opined definition of artificial intelligence
By Lance Eliot
AI is going to be crucial for lawyers and lawmakers, but defining AI is a lot harder than it might seem. Those versed in the p...
Tax, Labor/Employment
IRS addresses treatment of expenses paid with PPP loans
By Phil Jelsma
A new ruling from the Internal Revenue Service adds more uncertainty — businesses now face the choice of a greater tax burden ...
With only a few over a hundred justices in the court’s history, you might think there’d be no reason for confusion. Surely the...
Intellectual Property
Choosing how to protect COVID-19-related inventions
By Dariush Adli
The COVID-19 pandemic has prompted an intense and wide-ranging stampede by pharmaceutical companies, research institutions, ph...
Securities, Administrative/Regulatory
SEC adopts final rules to improve access to capital
By Sara L. Terheggen
On Nov. 2, the SEC adopted final rules to reduce the complexity and “promote capital formation and expand investment opportuni...
Government, Constitutional Law
Does the Constitution give the president the power to self-pardon?
By John H. Minan
Commentators are divided on whether a presidential self-pardon is constitutional. The Constitution does not expressly prohibit...
Law Practice, Judges and Judiciary
Changes to court rules and procedures during COVID-19
By Gerald L. Sauer
This article examines statutory changes enacted during and in response to the pandemic, as well as procedural changes implemen...
U.S. Supreme Court, Constitutional Law
Do farmers have property rights?
By Michael M. Berger
Technology, Government
The shady side of the Communications Decency Act
By Christa H. Ramey
In so-called “tea rooms” or “shade rooms,” teenagers post disparaging comments and photos of their peers with impunity and rec...
Education Law, California Courts of Appeal
Ruling says Unruh Act does not apply to school districts
By David Urban, Kristin Lindgren
The question of whether public school districts constitute “business establishments” under the Unruh Civil Rights Act and are ...