U.S. Supreme Court, Environmental & Energy, Administrative/Regulatory
Swimming in uncertainty: new regulations define “Waters of the United States”
By Marc R. Bruner
The EPA has adopted new final regulations to redefine the term “waters of the United States.”
State Bar & Bar Associations, Legal Education, Law Practice
Keep California meritocratic
By Mitchell Keiter
Americans, especially Californians, celebrate meritocracy, the idea that what what we do matters more than where we are from. ...
U.S. Supreme Court, Civil Litigation
Supreme Court to consider validity of TCPA exemption in new case
By Ana Tagvoryan, Harrison M. Brown
Earlier this month, the U.S. Supreme Court granted a petition for writ of certiorari to review a decision on the constitutiona...
In Civil Procedure, I assign students to visit court, watch any civil dispute, and write up their observations, because the co...
Law Practice, Judges and Judiciary
2019 motion statistics for an individual calendar civil court
By Richard L. Fruin
At the end of each year, for the past seven years, I have counted the number and type of motions that were decided in Departme...
U.S. Supreme Court, Environmental & Energy
Climate plaintiffs should have chance to argue at trial
By John H. Minan
The plaintiffs should have the opportunity to argue this “discoverable and manageable” benchmark at trial.
Real Estate/Development
Landlords: What to know about California’s new rent control law
By Grace Winters, Jordan Tessier
While heated debate continues over whether the new law will help tackle the state's affordability crisis, every owner and deve...
I hate word games. One that has haunted the land use field for years is the use (or abuse) of the word “dedication.” Land use ...
Real Estate/Development, Land Use, Government
SB 50, not rent control, should be California's housing crisis solution
By Len Rifkind
Rent control may well limit rent increases on current occupied units and enable existing tenants to remain in their units long...
2019 was notable for the number of white-collar criminal matters that broke into the public consciousness, whether it was the ...
Civil Litigation
Discovery 2020: The new frontier of e-discovery and early disclosure
By Angela S. Haskins, Elizabeth A. Evans
In an ongoing effort to increase cooperation and meet the changing face of litigation, members of the California Legislature h...
Environmental & Energy
California needs better environmental and energy policy coordination
By Buck Endemann
California’s environmentalists and renewable energy advocates have been working passionately, but mostly separately, for many ...
In my 35 years as writ attorney for Division 7 of the 2nd District Court of Appeal, I saw a range of writ petitions, from outs...
In this article and accompanying self-study test, readers will learn about the procedures for conducting discovery in eminent ...
Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
9th Circuit can restore balance in national security cases
By Cindy A. Cohn
In the almost two decades since 9/11, our nation has slowly started to restore the balance among the three branches of governm...
Labor/Employment
New NLRB confidentiality ruling is a good start, but not enough
By James J. McDonald Jr., Alix Rozolis
Workplace investigations are a fact of life for employers everywhere, but especially in California. Requirements that particip...
Environmental & Energy, 9th U.S. Circuit Court of Appeals
Can courts help avoid an environmental apocalypse?
By Erin Daly, Helen Kang
On Jan. 20, the 9th Circuit found that a “substantial evidentiary record [that] documents that the federal government has long...
Law Practice, Labor/Employment, Civil Rights
Legislation cannot prevent sexual harassment in the workplace
By Michael H. Leb
A good place to start trying to effect change is in our own profession. Because we lawyers love our pretentious Latin phrases,...
Securities, Mergers & Acquisitions, Corporate
IPOs vs. SPACs: 2 paths to public
By Sara L. Terheggen
Initial public offerings are generally viewed as the option of choice for companies who have reached a critical juncture in th...
Government, Administrative/Regulatory
Dealing with deepfakes
By Melanie J. Howard, Adam Shapiro
California and social media platforms take aim at deepfakes while federal lawmakers take a 'studied' approach.
Letters, Entertainment & Sports
Column on horse death investigation is misguided
By Nathaniel J. Friedman
In a word, these dilettantes that have nothing better to do with their time than attack horseracing will go to their graves in...
Military Law, Health Care & Hospital Law, Government
Fixing Feres
By Antoinette Balta, Brendan M. Ford
Under U.S. Supreme Court precedent known as the “Feres doctrine,” active members of the military, along with their heirs, are ...
Ethics/Professional Responsibility
Moral perception and judgment vs what is permissible
By A. Marco Turk
As was publicized recently in the press, a slimmer, weakened appearing, and clean-shaven Harvey Weinstein showed up at a court...
Law Practice, Appellate Practice
The 7 deadly sins of legal writing
By Louie H. Castoria
Don’t let your writing be false, late, noncompliant, unsupported, unpersuasive, unfocused or boring.
Law Practice, Law Office Management
Time to dust off your law firm partnership agreement
By Daniel O'Rielly, Dena Roche
We counsel our law firm clients to be at least as diligent about planning ahead for their own practices as they would suggest ...
Bankruptcy
Selling bankruptcy estate property free and clear of any interest
By Stuart B. Rodgers
In the decision of In re PW, LLC, the Bankruptcy Appellate Panel for the 9th Circuit held that the protections provided to a b...
Entertainment & Sports
Recent horse deaths prompt calls for industry change
By Elizabeth Holtz
Regardless of the fate of any legislative initiatives, it’s clear that the industry will have to change — and soon. As people ...
Labor/Employment
Keep on truckin’ (for now): AB 5 may not apply to truckers
By Annette Mijanovic, Philip McDermott
For decades, the trucking industry has used owner-operators to provide the transportation of property in interstate commerce. ...
Judges and Judiciary, California Supreme Court, Appellate Practice
Justice Leondra R. Kruger by the numbers
By Kirk C. Jenkins
Today, we turn our attention to the sixth in our series of data-driven profiles of the justices of the California Supreme Cour...
Immigration, Government
The power of California’s Sanctuary Law: SB 54 after 2 years
By Elizabeth M. Fratarcangeli
In 2018, the California Senate Bill 54, aka the California Values Act and more commonly known as the “sanctuary city law,” bec...