U.S. Supreme Court, Labor/Employment, Civil Litigation
Victory for plan beneficiaries in US Supreme Court ruling
By Robert J. McKennon
The Supreme Court’s decision in a case last week will have wide-reaching implications. Now, plan administrators can no longer ...
In basic terms, Section 280E denies a marijuana business the ability to deduct its business expenses in computing its federal ...
Tax returns have to be filed under penalties of perjury. You might not think about it each year when you get to the bottom of ...
Alternative Dispute Resolution
20 tips for having a more successful mediation experience
By Jeffrey Kravitz
When it comes to mediation, there is one lesson from our youth to keep in mind: different strokes for different folks.
Intellectual Property, Civil Litigation
Ruling affirms the moral rights artists have in their works
By Victoria Burke
Why is the 5Pointz decision so important to artists and building owners alike? The case sets boundaries on what building owner...
Peace officer records and the Public Records Act
By Christine Wood
Law enforcement agencies throughout the state of California have been grappling with new laws that increase transparency and a...
Law Practice, Criminal
A guide to effectively using body-camera evidence at trial
By Eugene Ramirez
Even with the latest technology available, the actions and tactics of law enforcement are criticized by the media and the publ...
Insurance, Construction, Civil Litigation
When insurers stand in the shoes of insureds for all purposes
By Garret D. Murai
It’s commonly stated that when it comes to subrogation actions, where an insurer seeks reimbursements from responsible third p...
U.S. Supreme Court, Constitutional Law
Brand X deference advances ‘administrative absolutism’
By Mark Chenoweth
When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...
Government, Environmental & Energy, Administrative/Regulatory
For every complex question, there is an easy answer – and it is wrong
By Gerald George
Policy announcements are frequently no more than applause lines. The Trump administration is particularly prone to policy anno...
Government, Administrative/Regulatory
DFPI would put the state in the vanguard of consumer protection
By Ted Mermin
California is marking National Consumer Protection Week this year with the prospect of a major overhaul of the Department of B...
Probate, Civil Litigation, California Supreme Court, California Courts of Appeal
High court likely to confirm a trust’s right to be partner in partnership
By Shawn Kerendian, Joshua Taylor
The California Supreme Court recently granted a petition for review of a case that primarily addresses whether a trust can be ...
U.S. Supreme Court, International Law, Immigration, Civil Litigation
Cross-border shooting ruling locks victims out of court
By William Slomanson
In a ruling last week, the Supreme Court said it considered Congress to be in the best position to evaluate federal official l...
With his passing, the legal world has lost a practical scholar of enormous range and experience.
Law Practice, Judges and Judiciary
Algorithms and the persuadable judge
By Curtis E.A. Karnow
Algorithms might persuade, but only humans can be persuaded.
California Supreme Court
State Supreme Court ‘clarifies’ expert witnesses and hearsay
By Don Willenburg
Last week, the California Supreme Court decided two cases about the effect of its watershed decision People v. Sanche, governi...
Exceptionally Appealing: A monthly column devoted to exploring exceptions to general appellate rules.
U.S. Supreme Court, Family
US high court got in right in international child abduction case
By Maya Shulman
Last week the U.S. Supreme Court handed down a much-anticipated ruling involving the Hague Convention on the Civil Aspects of ...
Letters, Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals
Column on overturned conviction is wrong on the facts and the law
By Sanford Jay Rosen
Kent Scheidegger's Feb. 11 Daily Journal column, "The 9th Circuit ducks its judicial obligations in ruling" en banc in Ellis v...
Government, Education Law
With AB 376 California can help respond to the student debt crisis
By Dalié Jiménez, Jonathan D. Glater
Today, nearly one in four Californians each carry an average student debt obligation exceeding $35,000. That adds up to more t...
U.S. Supreme Court, Tax, Corporate
Supreme Court petition raises important questions of agency authority
By Edward L. Froelich, Bernie J. Pistillo
Altera Corporation, a subsidiary of Intel and a leading manufacturer of programmable logic devices, recently petitioned the U....
U.S. Supreme Court
Consumer protection is under attack. And by the way, it’s National Consumer Protection Week.
By Jolina C. Cuaresma
Since President Trump took office, the nation has been on a crash course in Constitutional Law. Rarely a week goes by without ...
U.S. Supreme Court, Environmental & Energy
Supreme Court grapples with what constitutes 'lands in the National Park System'
By Melissa M. Malstrom
Lat month the Supreme Court heard arguments in a case that has significant implications for the construction of the Atlantic C...
Government, Ethics/Professional Responsibility
Legal ethics: Rules for government lawyers as ‘gatekeepers’
By A. Marco Turk
Is the role of the attorney general “being an ‘attorney for the president or the country’”?
State Bar & Bar Associations
What will the California Attorney Practice Analysis group recommend?
By Joseph Robert Giannini
The ACLU of California, Impact Fund and California ChangeLawyers in a chapter and verse letter dated Sept. 23, 2019, sent to t...
As a young government lawyer, It didn’t take me long to learn that politics can override good policy.
Health Care & Hospital Law, Civil Litigation
The long, winding road to settling the opioid litigation
By Harry J. Nelson
2020 is likely to be a decisive year for opioid litigation settlements.
U.S. Supreme Court, Securities
Supreme Court to hear challenge to SEC’s ability to obtain disgorgement
By Peter I. Altman, Nathaniel B. Botwinick
The Securities and Exchange Commission has relied on disgorgement of ill-gotten gains as one of its main and most effective en...
The increasing use of arbitration clauses, coupled with class action waivers in standard employment agreements, has led to a d...
California Supreme Court
When are jury trials available in enforcement actions?
By Willis M. Wagner
The state high court will soon decide if and when jury trials are available in these actions, including Prop 65