Environmental & Energy, Administrative/Regulatory
Regulators propose major reform to Prop 65 short warnings
By Willis M. Wagner, Deepi K. Miller
The California Office of Environmental Health Hazard Assessment, known as OEHHA, recently proposed amending certain regulation...
Law Practice, Civil Litigation, Appellate Practice
5 jury trial mistakes that can crush meritorious appeals
By Rex S. Heinke, Ben Feuer
As California begins to emerge from the darkest pandemic months, it is a good time for trial lawyers to remember some of the t...
Criminal
A sharp rebuke to some of Gascón’s most controversial policies
By Dmitry Gorin, Alan Eisner
While a judge took issue with some of the new DA’s most controversial policies, others were left in place. Either way, it appe...
Real Estate/Development
How neighborhoods can fight nuisance properties
By Ryan Griffith
Dealing with severe nuisance properties presents unique challenges for cities, because typical code enforcement efforts of not...
Constitutional Law
Can professional associations dismiss members for internet posts?
By Joshua J. Borger
Many private organizations, including those in which people are essentially required to join for business purposes, will likel...
For 2020 payments, the IRS developed a new form for reporting payments to independent contractors. The new form is IRS Form 10...
Law Practice, Ethics/Professional Responsibility
Legal ethics and mental health during ‘these uncertain times’
By Louie H. Castoria
We cope with anxiety, stress, depression and other imbalances in our own ways, such as meditation, physical activity, hobbies,...
Health Care & Hospital Law
Therapists need clarity on duty to warn of patients’ violent threats
By Alexander C. Sones M.D., Robert Weinstock
The varied interpretations of the leading case on the issue create three salient problems for practicing psychotherapists. Fir...
Technology, Law Practice
Legal advice by the hour— or by the nanosecond
By Lance Eliot
Attorneys usually charge for their legal advisory services on an hourly basis, including charging at some minimum unit of time...
U.S. Supreme Court, California Supreme Court
Everyone gets along on the California Supreme Court
By David A. Carrillo, Stephen M. Duvernay
The California Supreme Court and the U.S. Supreme Court are moving in opposite directions — but not in the way you might think.
Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
9th Circuit reluctantly fends off constitutional challenge to FTC
By James Sigel, Adam Sorensen
In a recent decision, a divided panel of the federal appeals court held that a plaintiff seeking to challenge the constitution...
Law Practice, Ethics/Professional Responsibility
Ethically conducting trial in the court of public opinion
By David M. Majchrzak, Heather L. Rosing
Phineas T. Barnum is often attributed with introducing the notion that there is no such thing as bad publicity. But clients wh...
U.S. Supreme Court, Securities
A setback for the broadening of insider trading liability
By Michael M. Farhang
The U.S. Supreme Court’s recent decision to summarily vacate a 2nd Circuit ruling has generated new questions about the permis...
Law Practice, Ethics/Professional Responsibility
What constitutes discipline-worthy conduct in California?
By Thomas M. Hall
Complaints have been filed against Rudy Giuliani and Sydney Powell demanding that state bar associations discipline or disbar ...
Labor/Employment, Constitutional Law
Cancel culture and civility codes: grounds for wrongful termination?
By Panda L. Kroll
California employers should be cognizant that their codes of conduct create an “ideological echo chamber” that runs afoul of s...
U.S. Supreme Court, Constitutional Law
A property-tax debtor’s right to notice warning of equity theft
By Christina Martin
To collect $1,200 plus interest, a Nebraska county took Walter Barnette’s land worth $25,000 and gave it to an investor. Walte...
Government, Criminal, Civil Litigation
Private citizen Trump faces a number of criminal and civil challenges
By John H. Minan
As a private citizen, Donald Trump faces numerous criminal and civil legal problems. Criminal investigations are ongoing by th...
Constitutional Law
Social media, cancel culture and the First Amendment
By Mari K. Rockenstein
The great deplatforming of January 2021 will likely be remembered as the turning point in the battle for control over digital ...
On March 9, 2020, I sat in Judge Mark Borenstein’s courtroom at the Spring Street Courthouse in Los Angeles, waiting for the j...
An interview with Harvard professor Noah Feldman
By William Domnarski
Noah Feldman of Harvard seems to be everywhere, doing everything. In the law, he is, at the age of 50, the rope, ride and shoo...
Constitutional Law
Incitement: A history of speech promoting illegal activity
By Erwin Chemerinsky
Although the outcome of the impeachment trial in the Senate was preordained in that it was certain that there would not be a t...
Constitutional Law
The ‘fighting words’ exception and Section 230 reform
By Anita Taff-Rice
The U.S. has seen a number of violent acts perpetrated by criminals who were influenced by popular culture — Mark David Chapma...
Appellate Practice
Writs in the pandemic era of litigation
By Arezoo Jamshidi, Elizabeth A. Evans
Navigating the writ process can be tricky, as writs suffer from less direction than their appellate counterpart. Here are some...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 18: “How Can I Win at Oral Argument?”
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Criminal
9th Circuit adds to split on un-Mirandized statements and 1983 suits
By Dmitry Gorin, Alan Eisner
In a recent case, a three-judge panel of the 9th Circuit held that a plaintiff may assert a claim under 42 U.S.C. Section 1983...
Labor/Employment, Constitutional Law
Can employers fire employees for social or political speech?
By Joshua J. Borger
It’s difficult to dispute that the Trump administration led to an increasing tension on social issues. And, people took to the...
A federal judge in Orange County recently dismissed charges against four criminal defendants, citing an unconstitutional delay...
Using AI and chess-playing for thinking incisively about the law
By Lance Eliot
Lawyers in the act of practicing law can be envisioned as playing a type of game, ostensibly a variant of chess. It makes sens...
Alternative Dispute Resolution
When the show must go online
By Christopher David Ruiz Cameron
It's no secret that the growing use of Microsoft Teams, WebEx, Zoom and other videoconferencing platforms to conduct arbitrati...
Education Law
Time for school districts to plan to reopen or plan to go to court
By Christa H. Ramey
City Attorney Dennis Herrera's lawsuit against the San Francisco Unified School District is a first-of-its-kind case, and indi...