Government, Civil Litigation
Analyzing COVID-19 liability protections in the HEALS Act
By Richard C. Giller
The SAFE TO WORK Act, which is part of the larger Health, Economic Assistance, Liability, and Schools Act, provides under spec...
Civil Litigation
The coming public nuisance of public nuisance COVID-19 employment suits
By Scott J. Witlin
The COVID-19 virus has been a boon to plaintiff lawyers seeking to cash in on the events related to the pandemic and the shutd...
Labor/Employment, Government, Administrative/Regulatory
The Americans With Disabilities Act at 30
By Kristina M. Launey
The evolution of disability access in the United States under 30 years of Title III of the ADA.
Obituaries, Judges and Judiciary
Justice William F. Rylaarsdam, 1937-2020
By Eileen C. Moore
From a village in Holland to the California Court of Appeal.
Immigration
Professional visas: An overview of H-1Bs and alternatives
By Tiffany Chang Wu, Mitch Wexler
In 2020, USCIS received approximately 275,000 registrations during the registration period. Since there were more registration...
Labor/Employment, Corporate, Civil Litigation, California Supreme Court
Section 16600 and Ixchel: benefit or burden?
By Patrick Hammon
California courts have long wrestled with how to strike an appropriate balance between free and unfettered competition, on the...
Corporate
California aims to lead the way again in diversity on boards
By Teresa L. Johnson, Amy V. Endicott
In 2018, California took the bold step to require a minimum number of women directors on the boards of California-based public...
Many lawyers consider oral argument to be the climax of the appellate process, yet in some (exceptional) cases, oral argument ...
Law Practice, Criminal, Civil Litigation, California Supreme Court, Appellate Practice
A ‘clear and convincing’ appellate standard
By Robert Olson, Ted Xanders
In a recent opinion, the California Supreme Court, in a unanimous decision authored by Chief Justice Tani Cantil-Sakauye, reso...
Letters, Criminal
Story on peremptory challenge bill was inaccurate, unbalanced
By AJ Kutchins, Elisabeth Semel
In giving a unilateral voice to those who insist the bill is “premature,” the article is tone deaf — as are many of the bill’s...
Intellectual Property, Civil Litigation
New wrinkle in patent licenses with state universities
By Jason A. Lief, Michelle Rhyu
When multiple parties share interests in a patent, there can be conflict and complexity over decisions regarding patent litiga...
Construction, Civil Litigation
Fairness does not always follow justice, including in construction law
By Garret D. Murai
Last year, the 9th Circuit overturned an arbitration decision in favor of a local Afghani subcontractor seeking termination co...
Criminal, California Supreme Court
Despite flaws, some continue to push for bail algorithm
By Jeffrey J. Clayton
When the system erred, it consistently showed that Black defendants were predicted to be higher risk, while white defendants w...
Torts/Personal Injury, Letters
Column says 'Reptile Theory' improper but cites successful use of it?
By Michael J. Faber
I read with interest Robert Tyson's July 31 column, "The Reptile Theory: Use it." But a question: Mr. Tyson objects that the R...
Family
Collecting child, spousal support using retirement assets and income
By Ira M. Friedman, David Friedman
Often while the obligor is actively working it is relatively easy to collect the past due amount or the current support throug...
I had dinner the other evening with the philosopher Heraclitus of Ephesus. I remarked that Justice Ming Chin was retiring from...
How you write a brief is hemmed in by the Rules of Court and, to a lesser extent, by custom (what judges are used to seeing). ...
U.S. Supreme Court, Constitutional Law
Rulings show the fall of the wall between church and state
By Julie A. Werner-Simon
Four U.S. Supreme Court cases from last term, coupled with the news that the Catholic Church received $1.4 billion in COVID-19...
Labor/Employment
NLRB undermines the ‘heart’ of Section 7 protected activity
By Dennis F. Moss, Jeremy F. Bollinger
Imagine that your client learns in the course of a workplace arbitration where she was awarded $500,000 that a company owner h...
U.S. Supreme Court, Environmental & Energy
What is a “Water of the United States?”
By Marc R. Bruner
Courts are already issuing conflicting decisions in litigation involving the new WOTUS regulations.
Judges and Judiciary, Ethics/Professional Responsibility
Judicial ethics and independence must guide judges’ responses to racial injustice
By Noël Wise, Monica F. Wiley
In California the judge’s Oath of Office begins, “I solemnly swear that I will support and defend the Constitution of the Unit...
Law Practice
A remote perspective on Johnny Depp’s libel action
By Alexander Rufus-Isaacs
For three weeks in July, the main conference room at the Beverly Hills Bar Association functioned as an extension of England’s...
Here are some pointers on how to avoid putting a foot in your mouth when the judge says, “Cross-examination, please.”
The number one driver of nuclear verdicts is juror anger. The challenge for defense lawyers is to figure out how to defuse tha...
U.S. Supreme Court, Health Care & Hospital Law, Civil Rights
Birth control ruling affects low income, minority people most
By Kimya Forouzan
On July 8, the Supreme Court issued a blow to the ongoing fight for birth control access. The case in question involved a rule...
Law Practice, Civil Litigation, Alternative Dispute Resolution
Reassessing litigation in a pandemic: 4 questions worth asking
By Mark LeHocky
A former general counsel and litigator turned mediator's take on potential rude awakenings and steps to avoid them.
Civil Rights, Books
A gay rights prophet: The story of activist Frank Kameny
By Richard Wirick
In his new book, “The Deviant’s War,” Eric Cervini chronicles how Kameny’s sheer determination began to chip away at homosexu...
Will California courts enforce federal forum selection clauses?
By Joshua Hess, David Kotler
The first test of whether corporate “federal forum selection” clauses will be enforced by California courts will occur on Frid...
Civil Litigation
Trends emerge under Northern District’s class settlement guidelines
By Darren K. Cottriel, Ann T. Rossum
In November 2018, the United States District Court for the Northern District of California adopted the Procedural Guidance for...
Labor/Employment
Post-Janus power shift of California’s private and public sector unions
By Che I. Johnson, Kevin J. Chicas
As private sector management rights grow, public sector employers are seeing a growing imbalance.