The COVID-19 pandemic and the recent civil unrest are having a disproportionate effect on people in California's low-income co...
Government, Constitutional Law, Civil Litigation
What are they thinking?
By Michael M. Berger
This is a story about railroads, property owners and government litigation strategy.
Government, Criminal
What is qualified immunity— and what is the future of the doctrine?
By Sean D. De Burgh
What exactly is qualified immunity? Why does it exist? How is it applied?
Intellectual Property, Entertainment & Sports
Coming revisions to the Digital Millennium Copyright Act
By Dariush Adli
As Congress gets ready to consider revisions to the 1998 landmark Digital Millennium Copyright Act, online service providers a...
Construction, Civil Litigation, California Courts of Appeal
When are contractor actions ‘willful’ under enforcement statutes?
By Garret D. Murai
What is the meaning and intent of the term “willful” under Business and Professions Code Section 7110 — and does a violation o...
Police procedurals have made the Miranda warnings so well-known that most Americans can recite them by rote. But there is a lo...
While voting by mail has become a political flashpoint, with President Donald J. Trump and Attorney General William Barr invei...
Family
Litigating trust and estate disputes before private judges
By Ryan J. Szczepanik, John D. Minton
It is not surprising that trust and estate disputes continue to increase. The number of people entering retirement age is incr...
In a bid to protect countless employees laid-off and furloughed during the COVID-19 pandemic as business begin to re-open, San...
U.S. Supreme Court, Immigration
A reprieve for DACA recipients
By Maggie Carter, Daniel Suvor
The U.S. Supreme Court’s long-awaited decision last week rejecting the Trump administration’s attempt to rescind Deferred Acti...
Family, Criminal
Domestic violence takes center stage in recent statutory changes
By Jeffrey P. Blum
Claims of domestic violence have been on the upswing during the pandemic; catch up with recent statutory changes affecting the...
Criminal, Constitutional Law
The case that paved the way for profiling motorists
By John Aiello
The 4th Amendment to the Constitution was drafted to protect us against unreasonable searches and seizures. Essentially, this ...
Corporate, Civil Litigation, Antitrust & Trade Reg., Administrative/Regulatory
Antitrust and national security: The 5G race continues
By Noah A. Brumfield, Jonathan (Jack) Klaren
Recent actions by the Antitrust Division reflect a greater interest in moderating antitrust policies in consideration of natio...
Trump’s private unrecorded meetings with President Vladimir Putin of Russia have not yet been revealed, and many citizens are ...
Government, Constitutional Law
Are impeachment trials a legal process or purely political?
By Rafael Chodos
In December 2019, as preparations were underway for the impeachment trial of Donald Trump, Republican Sens. Mitch McConnell an...
Government, Constitutional Law
Twitter is in the clear from Devin Nunes’ suit over parody tweets
By Karine Akopchikyan, Cristy Jonelis
Immunity under Section 230 is the reason why Twitter was able to successfully dismiss California Republican Rep. Devin Nunes’ ...
International Law, Insurance, Civil Litigation
Appellate rulings depart from treaty interpretation norms
By Peter S. Selvin
International treaties and conventions are often strictly construed by U.S. courts without regard to common law principles. Tw...
Criminal, Civil Rights
The pandemic, the killing of George Floyd and discriminatory jury selection
By Elisabeth Semel
While AB 3070 has nothing to do with access to health care or economic relief, it has everything to do with addressing the end...
U.S. Supreme Court, Immigration
Ruling is win for DACA recipients, though possibly temporary
By Michael N. Litrownik, Chauniqua D. Young
A U.S. Supreme Court decision last week was a major — if temporary — victory in the ongoing fight to protect the rights of you...
Letters, Criminal
Column attacking Berkeley study on peremptory challenges is dismaying
By AJ Kutchins
I am writing in regard to the column by Deputy District Attorney Michele Hanisee attacking both Berkeley Law’s landmark report...
Criminal
AB 3070 will help our legal system meaningfully address racial bias
By Jacqueline Goodman
If our legal system is to be preserved, the problem of racial bias must be meaningfully addressed. Because the underrepresenta...
Government, Data Privacy
CCPA enforcement and final regulations
By Mallory Petroli, Heather A. Antoine
Since the California Consumer Privacy Act went into effect on Jan. 1, many businesses have been eager to receive the promised ...
Civil Litigation
Should businesses be worried about COVID-19 lawsuits?
By Jacqueline Serna
We’ve seen it again and again across the country during the COVID-19 pandemic: State lawmakers adopting emergency rules that s...
Law Practice, Ethics/Professional Responsibility
Pandemic professional responsibility: Legal ethics and COVID-19
By Wendy L. Patrick
The legal complications caused by COVID-19 have raised some novel legal issues, but there are no special COVID-19 ethics rules...
As a mediator, I listen to all sides and hear how each perceives the other. With this insight, I help parties collaborate and ...
Despite a win in the recent DACA case, rules proposed by the Department of Homeland Security and an executive order by Trump i...
Intellectual Property
USPTO cannot handle ‘artificial inventors.’ Now what?
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D
Because current patent laws do not allow artificial inventors, we address two questions: (1) What can we do right now if a dev...
It’s been about 100 days since California issued its COVID-19 stay-at-home orders. For my own solo family law practice, and fr...
Family
‘Standstill agreements’: Addressing relationship conflicts during COVID-19
By Jeffrey P. Blum
The COVID-19 pandemic is a disruptive force leading us to contemplate different ways of doing things. One outgrowth of this ma...
Dropping arguments against retroactivity of judicial decisions is an easy (and morally correct) way for the attorney general t...