Labor/Employment, Administrative/Regulatory
Cannabis business and law developments In the COVID-19 crisis
By Jonathan Landis
Every aspect of life, business and law has been impacted by the current and unprecedented COVID-19 pandemic. The cannabis indu...
Land Use, Civil Litigation, California Supreme Court
After inverse condemnation ruling,we’re still not quite done
By Andrew W. Schwartz
While a final resolution of the issue in a recent California Supreme Court ruling is long overdue and the court’s recent decis...
Labor/Employment, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Arbitrator can’t order third parties to produce documents prior to hearing
By Michael H. Leb
The 6th District Court of Appeal recently held that the arbitrator did not have the authority to issue subpoenas for the pre-h...
Despite the glitches, technology advances in government, the courts and the law are a positive development and likely here to ...
Government, Constitutional Law
Court of Appeal decision may lead to increased California Voting Rights Act litigation
By Derek P. Cole
The California Voting Rights Act is a consequential statute that, until recently, received little attention from California co...
Law Practice, Constitutional Law
A primer on amicus briefs as a tool to protect individual liberty
By Deborah J. La Fetra
As a public interest legal organization, Pacific Legal Foundation litigates in multiple ways: Primarily, we initiate, defend a...
Labor/Employment
Senate begins drafting bill containing liability shield for businesses
By Bryan L. Hawkins
The past few months have seen a historic surge in both state and federal legislation aimed at lessening the detrimental effect...
Insurance, Civil Litigation
French restaurant wins business interruption claim; ruling sparks settlements
By William M. Shernoff
Despite the concerted efforts to pressure the insurance industry for business interruption payments, none have been successful...
Those not knowledgeable in the art of jury selection see little harm in masking jurors and lawyers. But for those of us who sp...
Corporate
Raising capital in uncertain times: investment options for high growth tech companies
By James Baillieu, Mark Rundall
For high growth tech companies, corporate venture capital can be an attractive investment option. Not only can corporates prov...
J.R.R. Tolkien is a master storyteller, and he sets up the moment when the Balrog’s whip ensnares Gandalf as poignantly tragic...
One possible way to circumvent the current trial delay situation is for a party to pursue bifurcation via a request for a sepa...
Probate
Protecting trustees from blame (and liability) after the COVID-19 crisis
By Michael S. Brophy, Craig S. Weinstein
As fiduciaries, trustees are typically guided by the responsibilities and obligations imposed on them under the law and/or pur...
Let’s be real about robo-lawyer lingo and right size those AI LegalTech catchphrases
By Lance Eliot
Care needs to be exercised in making use of misleading wording about AI in the legal profession. Infamously, the terms “robo-l...
Law Practice, Civil Rights
What John Lewis taught me about the limits of my power as a lawyer
By Nilay U. Vora
Last week, Rep. John Lewis — the legendary civil rights leader and congressman — lost his battle with cancer at the age of 80....
State Bar & Bar Associations, Legal Education
Supreme Court passes the test on bar exam changes
By Mitchel L. Winick
Embedded in the court’s decision and reasoning to modify the bar exam were changes that will fundamentally change who will be ...
U.S. Supreme Court, Immigration, Constitutional Law
Supreme court quietly eliminates critical constitutional protections
By Joshua S. Lipshutz, Warren Loegering
The U.S. Constitution states, in no uncertain terms, that all “persons” within the United States are entitled to due process o...
State Bar & Bar Associations, Letters, Legal Education, Law Practice
Neither the passing bar, nor receiving a diploma, guarantee good lawyering
By Steven E. Briggs
In her July 8 guest column, “A plea to the California Supreme Court for diploma privilege,” Dean Anna M. Han of Santa Clara La...
Law Practice, Appellate Practice
Appellate law best practices during the time of COVID
By Kirstin Ault
Remembering some basic rules of good practice, even when acting quickly, can help obtain an expeditious and final result that ...
State Bar & Bar Associations, Legal Education, Law Practice
A ‘diploma privilege’?
By Myron Moskovitz
Last year, when I read that California’s law school deans were pushing to have the bar exam pass score lowered, I bit my tongu...
Labor/Employment
Managing employment-related risk while reopening during the pandemic
By Michael L. Ludwig, Caitlin I. Sanders
Many employers and employees alike are eager to get back to work as Safer-at-Home restrictions begin to ease. Notwithstanding ...
U.S. Supreme Court, Government, Constitutional Law
Supreme Court rulings exposed the ‘contingent election’ issue
By John H. Minan
According to many polls, President Donald Trump’s path to re-election has never looked more difficult. But the polls fail to a...
U.S. Supreme Court, International Law, Corporate, Civil Litigation
Last days of judicial imperialism?
By Christopher J. Lovrien, Rajeev Muttreja
The U.S. Supreme Court’s recent grants of certiorari in two cases could significantly clarify the scope of the Alien Tort Stat...
U.S. Supreme Court, Intellectual Property, Government, Constitutional Law
Looking back at the Supreme Court’s October 2019 term
By James Azadian
On Thursday in Part 1 of this two-part series, we discussed the U.S. Supreme Court's major decisions from its October 2019 ter...
Legal Education, Ethics/Professional Responsibility
Tending to the garden of the legal profession
By David M. Majchrzak, Heather L. Rosing
This is our opportunity to lead. To conquer biases. To truly embrace diversity, equity and inclusion. To allow the garden of t...
Law Practice, Immigration
An Interview with: Deepak Ahluwalia by Mallika Kaur & Marie Crochard
By Mallika Kaur, Marie Crochard
A discussion with a Fresno-based immigration lawyer on the importance of giving clients more control and on the imperative of ...
Letters, Criminal
Thurgood Marshall had it right all along on peremptory challenges
By Eugene M. Hyman
In her June 29 column, UC Berkeley School of Law Clinical Professor Elizabeth Semel discussed the "straightforward and surpri...
Law Practice
Lessons from the coronavirus lockdown: A time to reflect on priorities
By M.C. Sungaila
The nationwide coronavirus lockdown — the first in over a century from a global pandemic — has given us an opportunity to slow...
Law Practice, Alternative Dispute Resolution
Arbitration via video
By Gregory M. Smith
5 considerations for California lawyers before participating in their first remote arbitration hearing.
U.S. Supreme Court, Criminal, Constitutional Law
From pandemic to president’s taxes: OT19 in review
By James Azadian
The U.S. Supreme Court gaveled out last Thursday, drawing to a close one of the most politically volatile terms in recent memo...