Law Practice
Why doesn’t the defense bar share like the plaintiffs’ bar? One word: money
By Robert F. Tyson Jr.
Compared to plaintiffs’ counsel, those on the defense side rarely share anything with each other. The plaintiffs’ bar has blog...
Tax, Labor/Employment, Civil Litigation
Not all employment plaintiffs can deduct fees
By Robert W. Wood
Can a plaintiff ever be taxed on more money than they receive? To anyone but a tax lawyer, it sounds like a crazy question. Su...
Civil Litigation, Alternative Dispute Resolution, 9th U.S. Circuit Court of Appeals
How scared should we be? Vacatur of arbitration awards in the wake of Monster Energy
By Blaine I. Green, Dustin Chase-Woods
The 9th Circuit’s decision in Monster Energy Co. v. City Beverages LLC will have significant implications for the enforceabili...
Technology, Law Practice
Bolstering principles of justice with online lawyering, AI
By Lance Eliot
Online courts will both preserve justice and enhance justice, doing so via the prudent utilization of virtual hearings, plus a...
Law Practice, Ethics/Professional Responsibility
How to hold game-playing counsel accountable for their misdeeds
By Jeffrey P. Blum
In 2018, the State Bar of California overhauled the rules of professional ethics. One major rule change provides an additional...
Entertainment & Sports, Covid Columns
During lockdown, remember the machinery behind the music
By Chris Eklund
During the government lockdown, now more than ever, society is increasingly reliant on music, films and podcasts. We now have ...
Health Care & Hospital Law, Civil Litigation, California Supreme Court
Patient’s Bill of Rights violations: $500 per action, not per violation
By Mark E. Reagan
The California Supreme Court has confirmed that the maximum monetary recovery available against skilled nursing facilities und...
Constitutional Law, 9th U.S. Circuit Court of Appeals
A magazine masquerade
By Donald E.J. Kilmer Jr.
Consider this. If the state of California, among the strictest jurisdictions in the nation, already requires safety testing (...
Constitutional Law, 9th U.S. Circuit Court of Appeals
Ruling in gun case puts every Californian at risk
By Scott A. Edelman, Vivek Gopalan
The decision, which sweeps aside circuit precedent and expands the scope of the Second Amendment, is ripe for en banc review.
Technology, Civil Litigation, Antitrust & Trade Reg.
‘Fortnite’ battle royale: Epic Games vs Apple and Google
By Mark Riera
Does success require an alleged monopolist to do business with a competitor that wants to sell mobile apps to IOS and Android ...
U.S. Supreme Court, Immigration
The future of DACA is far from clear
By Ethan D. Dettmer, Suria M. Bahadue
In June, the Supreme Court struck down the Trump administration’s attempt to end the Deferred Action Childhood Arrivals progra...
The constitutional due process implications of giving prosecutors discretion to investigate and charge women for engaging in a...
Consumer Law, Civil Litigation, California Courts of Appeal
Appellate ruling frustrates Amazon’s efforts to avoid strict liability for marketplace transactions
By Evan Ballan, Benjamin I. Siminou
Earlier this month, the California Court of Appeal became the latest court to address whether an online retailer may be held s...
Real Estate/Development, Land Use
The Housing Accountability Act roars into life
By Dolores B. Dalton
In 2017 and 2018, the California Legislature added teeth to the Housing Accountability Act, which is a previously little-known...
Labor/Employment, Health Care & Hospital Law
EEOC issues guidance on reasonable accommodation of employee opioid use and addiction
By Nicole Legrottaglie Wohl
The U.S. Equal Employment Opportunity Commission recently released a pair of new technical assistance guidance documents to ad...
Health Care & Hospital Law, Data Privacy
California bill aims to make contact tracing feasible and safe
By Gerald L. Sauer
In the U.S., contact tracing is presently more concept than reality. People just don’t trust the government with their persona...
Entertainment & Sports
The Paramount consent decrees' final act gives way to a remake of the studio system
By Jeff Cohen
For a business that loves sequels, perhaps we are witnessing Studio System Part Deux, The Studios Strike Back. There were some...
The ascent of Joe Biden to the top spot on a presidential ticket has caused many people to review the half-century of Biden's ...
Tax
Five things for lawyers to know about tax planning during COVID-19
By Robert W. Wood
Nearly everyone has been impacted by COVID-19, from health worries, layoffs, cutbacks, reneged job offers, business and court ...
Insurance, Civil Litigation
Court: Business property insurance covers COVID-19-related losses
By Ryan P. McCarl, John M. Rushing
Do all-risk business property insurance policies cover losses related to COVID-19? A recent decision out of the Western Distri...
The traditional mission of the U.S. Postal Service is to bind the nation together by providing a “reliable affordable, univers...
Law Practice, Judges and Judiciary, Appellate Practice
Enhancing appellate court opinions
By David J. Ozeran
Appellate court opinions are usually dry reads. No one takes a stack of advance sheets to read on vacation. Opinions are gener...
Labor/Employment, Government, California Supreme Court
Is the California Rule in jeopardy after Alameda County?
By Ronald J. Scholar
In a 90-page opinion issued on July 30, a unanimous California Supreme Court looked deep into the abyss of pension rights and ...
Criminal
Interpreting the law or ignoring it? Prosecutorial overreach in the face of tragedy
By Theshia Naidoo
Chelsea Becker was charged with murder after giving birth to a stillborn child. But is that ever, under any circumstances, a c...
Law Practice, Appellate Practice
How hot is that writ? Considerations for requesting a stay
By Sharon Baumgold
I worked for more than 38 years as a writ attorney in the California Court of Appeal, 2nd District, so believe me when I tell ...
Criminal, California Supreme Court
After high court ruling, defense bar is already sharpening their subpoenas for digital evidence
By Donald E. Landis Jr.
The California Supreme Court recently issued its second of two landmark decisions of first impression, addressing criminal def...
Entertainment & Sports, Civil Litigation
Is the curtain closing on TV profit participation litigation?
By John Berlinski, Kimberly Meyer
For more than half a century, Hollywood film and television studios have contracted to pay high-profile actors and producers a...
Labor/Employment, Civil Rights, California Supreme Court
Employer takeaways from the Supreme Court's Bostock decision on LGBTQ+ rights
By Kathryn G. Mantoan, Daniel A. Rubens
Both the reasoning and outcome of the ruling provide important guidance for how employers can and should think about LGBTQ+ is...
Civil Litigation, Antitrust & Trade Reg.
The line between anticompetitive behavior and hypercompetitive behavior
By Jason D. Russell, Zack Faigen
Last week, the 9th Circuit handed a big victory to Qualcomm, Inc., reversing the district court’s judgment that Qualcomm unrea...
State Bar & Bar Associations, Constitutional Law
BHBA defends constitutional protection for peaceful protest
By Stephen F. Rohde
Having witnessed protests and other actions taking place in cities across the United States, including Seattle, Portland, Los ...