Health Care & Hospital Law, Administrative/Regulatory
EO to ensure drug rebates are passed down to patients
By David M. Hoffmeister, Georgia C. Ravitz
President Donald Trump recently issued an executive order for the purpose of ensuring that discounts offered on prescription d...
Government, Environmental & Energy
Overhaul of DTSC, along with other environmental bills, await governor’s approval
By Monica Browner, Steven H. Goldberg
A handful of notable, environmentally focused bills made it through both houses of the California Legislature and are now wait...
Constitutional Law
Constitution depends on the good faith of those who govern us
By Erwin Chemerinsky
I have taught constitutional law for 40 years, but the events of the last several years have shown me a powerful lesson: The C...
Securities, Civil Litigation
California court enforces federal forum charter provision
By Peter B. Morrison, Virginia F. Milstead
A California superior court recently held that a provision in a Delaware corporation’s articles of incorporation requiring sto...
Government, Banking, Administrative/Regulatory
CFPB, California style
By Nancy R. Thomas
California is the latest state to adopt its own mini-Consumer Financial Protection Bureau. Under the new regime, we will get a...
Insurance, 9th U.S. Circuit Court of Appeals
Ruling limits excess insurers’ right to challenge coverage decisions
By Kirk A. Pasich
On Monday, the 9th Circuit issued an opinion deciding an issue of first impression on a significant insurance issue: “[W]hen, ...
Law Practice, Judges and Judiciary, California Courts of Appeal
On the other hand...
By Arthur Gilbert
Despite its passion and strength, does this concurring opinion belong here?
Real Estate/Development, Government, Covid Columns, Administrative/Regulatory
CDC’s eviction ban and the burn-off of eviction moratoria
By Grace Winters, Viral Mehta
Earlier this month, the Centers for Disease Control and Prevention announced an order banning residential evictions for most r...
A bite of an apple leads to a lawsuit.
Labor/Employment, Government, Environmental & Energy
Recap of California legislation: All eyes on the governor
By Dennis Cardoza, Jennifer Walsh
Governor Newsom has 30 days to consider nearly 400 pieces of legislation. The total number of bills reaching the governor’s de...
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
Will AB 5 keep on trucking?
By Ronald L. Zambrano
When AB 5 was enacted, its principal target was the gig economy, but its impact has extended well beyond the workforce that dr...
State Bar & Bar Associations
Lawyers, it’s time to step up to the plate and be poll workers
By Patricia Lee Refo
Lawyers, this is your cue: It’s time to step up to the plate. Especially young lawyers and law students.
Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals
Ruling is a sharp departure from the border search exception
By Jared C. Leung
A surprise decision came from the 9th U.S. Circuit Court of Appeals last week in which the court denied a petition by the gove...
Law Practice
Peremptory challenge bill awaits governor’s signature
By Allen L. Lanstra, Kasonni Scales
On Aug. 31, the California Legislature passed a bill that would strengthen the ability to challenge discrimination in the jury...
Law Practice, Covid Columns
No one has been paying attention for a while now
By D. Mark Jackson
What recent experiences with remote juries tell us about our distracted world
Covid Columns, Alternative Dispute Resolution
Arbitration during a global pandemic
By Daniel B. Garrie, Gail A. Andler
This article outlines a basic checklist designed for the convenience of counsel in furtherance of their meet and confer obliga...
Education Law, Corporate
Is outcry over racial injustice echoing in boardrooms and college admissions offices?
By Dario J. Frommer
This summer, amid headlines about national outrage and protest over the deaths of George Floyd, Breonna Taylor and others at t...
Technology, Law Practice
Autonomous levels of artificial intelligence as applied to the law
By Lance Eliot
A new framework identifies the autonomous levels of AI legal reasoning and provides a much-needed means of comparing advances ...
What can you say about a ballot measure, ostensibly designed to enhance online data privacy, that is being opposed not only by...
Intellectual Property, Civil Litigation
Increasing the likelihood of attorney fee recovery in patent cases
By Dariush Adli
For patent infringement defendants, successful assertion of the following defenses measurably increases their chances for reco...
Probate Code Section 21380 can succeed where the ‘Slayer Rule’ fails.
Real Estate/Development, Land Use
Assembly Bill 1561 provides support for housing development projects
By Sheri Bonstelle
The bill will support housing development by allowing additional time for those with approved housing development projects to ...
Tax, Government, Civil Litigation, 9th U.S. Circuit Court of Appeals
FHA ruling: a decision that matches the moment
By Scott Chang
Last month, amidst widespread social unrest and calls for racial justice and the dismantling of structural racism in communiti...
Legislators, equal pay advocates, and other stakeholders have identified unchecked biases, historic inequities, legal loophole...
Next month, the U.S. Supreme Court set to consider when police can use deadly force
State Bar & Bar Associations, Legal Marketing
Provisional license program promises more than it can deliver
By Susan Smith Bakhshian
California’s provisional license program promises more than it can deliver. The problems range from practical challenges to sy...
I couldn’t help but be reminded of Stella Liebeck’s “windfall” while reading Shih v. Starbucks Corp., decided last week by the...
Tax, Covid Columns
Bill would align state, federal law on PPP loan forgiveness
By Phil Jelsma
Potentially impacting thousands of businesses, the California Legislature has passed Assembly Bill 1577, a bill that would con...
Labor/Employment, Covid Columns
Off-the-clock work by teleworkers: wage and hour pitfalls to avoid
By Robin E. Largent
Off-the-clock claims are not exactly new to the field of wage and hour litigation, but remote work presents timekeeping challe...
About writing, and running, and tennis.