Labor/Employment, California Supreme Court
Dynamex echoes Supreme Court principles decided almost 50 years ago
By Kevin Ruf
Back in 1972, in the case Friends of Mammoth Lakes v. Mono County, the Supreme Court entered the fray over the scope of the Ca...
U.S. Supreme Court, Government, Constitutional Law
President Trump heads to the US Supreme Court, twice
By John H. Minan
The president is locked in two important legal battles on petition to the U.S. Supreme Court. Both cases involve the validity ...
U.S. Supreme Court, Civil Litigation, Constitutional Law, 9th U.S. Circuit Court of Appeals
Knick interruptus?
By Michael M. Berger
Some years ago, singer/songwriter Jim Croce began a refrain thus: “You don’t tug on Superman’s cape, you don’t spit into the w...
Intellectual Property, Entertainment & Sports, Civil Rights, 9th U.S. Circuit Court of Appeals
Is discovery needed to decide substantial similarity?
By Kenneth M. Trujillo-Jamison
On Monday, the 9th Circuit heard oral arguments on the issue.
A veteran’s access to a lawyer can mean the difference between living under a roof or under a bridge
Family, California Courts of Appeal
Conflicting cases on siblings and bypass
By Frank J. Menetrez
A recent case has deepened a split of authority in dependency law. The split concerns one of the most frequently litigated gro...
Labor/Employment
Navigating the impacts of AB 5 for public agency employers
By T. Oliver Yee, Kaylee Feick
Assembly Bill 5 creates unique challenges and issues for California public agencies. For example, in order for a public agency...
Law Practice, Law Office Management
Set your law firm resolutions for 2020
By Daniel O'Rielly, Dena Roche
It’s December, and what possibly could be more important to your law firm than setting new resolutions for 2020? Yes, you’re t...
Law Practice, Civil Litigation, Appellate Practice
How to count to 30
By Gerald G. Knapton
When an appellate justice writes a concurrence just to point out a trap for unwary practitioners, it merits some consideration...
Law Practice, Ethics/Professional Responsibility
Cannabis and legal ethics: More guidance emerges
By Allison B. Margolin, James Raza Lawrence
Multiple sources have helped establish the principle that lawyers may ethically represent clients operating in the cannabis in...
Law Practice, Ethics/Professional Responsibility
Potential liability for case valuations
By Shari L. Klevens, Alanna G. Clair
Attorneys are often asked by their clients, “What do you think is going to happen?” or “What is this case worth?” Through expe...
Entertainment & Sports
‘Queen and Slim’: Not the same as ‘Bonnie and Clyde’
By Frank H. Wu
The movie is provocative because they are believable. You cannot leave the theatre without wanting to discuss what has transpi...
Intellectual Property, Entertainment & Sports, Civil Rights
Takedown notices and developments in fair use
By Neville L. Johnson, Douglas L. Johnson
Individuals, creators and businesses have a right and a duty to protect themselves and their assets from infringing online act...
Law Practice, Ethics/Professional Responsibility
Amendments to SOL for actions against attorneys coming in January
By Kenneth C. Feldman
The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.
Labor/Employment
Revisiting ‘kangaroo court’ workplace due process
By William M. Crosby
Until courts and legislators recognize that anything short of a jury trial cannot constitute meaningful due process, incentive...
Tax, Labor/Employment, Government
State developments impacting the nonprofit sector
By Erin Bradrick
As we near the end of 2019, we continue to see states stepping up to take action with respect to regulating the nonprofit sect...
U.S. Supreme Court, Government, Constitutional Law
Rucho not the last word on partisan gerrymanders
By James J. Matson
Last month’s election in Virginia marked another important victory against excessively partisan gerrymanders in America.
Civil Litigation, Construction
Class actions under California’s Right to Repair Act
By Garret D. Murai
It’s the holiday season. A time when family and friends, and even neighbors, gather together.
Environmental & Energy
Cap and trade is not the answer to saving the rainforests
By Gerald George
Far from decreasing, carbon emissions are increasing, even in highly developed economies that fancy themselves leaders in the ...
Judges and Judiciary, California Supreme Court, Appellate Practice
Justice Mariano-Florentino Cuéllar by the numbers
By Kirk C. Jenkins
Today we turn our attention to our fifth subject in our series of data-driven profiles of the justices of the California Supre...
Insurance, Health Care & Hospital Law
Paying for patients: How some providers are distorting health coverage
By Gregory N. Pimstone
If you have a PPO plan, you can see out-of-network providers, but it’s going to cost you more. Non-contracted providers have n...
Entertainment & Sports, Antitrust & Trade Reg.
Thanks for the memories, Paramount Consent Decrees
By Jeff Cohen
Recently, Assistant Attorney General Makan Delrahim announced a new policy for the Justice Department’s Antitrust Division: a ...
Intellectual Property, Entertainment & Sports
To have copied or not to have copied: That is the question for a jury
By Tre Lovell
Two high-profile cases have highlighted certain aspects of music copyright infringement litigation which have become quite con...
U.S. Supreme Court, Intellectual Property
PTO has booked a trip to the Supreme Court
By Sarah S. Brooks, Adam W. Kwon
The U.S. Supreme Court granted certiorari on a petition filed by the U.S. Patent and Trademark Office to review whether BOOKIN...
Labor/Employment
Uber's and Lyft's AB 5 Hail Mary: Optics aren't everything
By Ronald L. Zambrano
A rosy write-up doesn’t change the fact that drivers, under the alternative law, wouldn’t be paid for waiting time — as they w...
Government, Admiralty/Maritime
AI and the CCPA: Are they friends or foes?
By Nick Transier
Though artificial intelligence is hardly new, it has gone mainstream recently as businesses increasingly exploit their massive...
Labor/Employment, Health Care & Hospital Law
When does a hearing officer in a physician peer review hearing have a disqualifying financial bias?
By Barry S. Landsberg, Joanna S. McCallum
For 15 years, Yaqub -- which defined a nebulous and incorrect standard -- had stood as the sole published decision to squarely...
Health Care & Hospital Law, Alternative Dispute Resolution
Non-monetary class action settlements: 7 things you should consider
By Elliot K. Gordon
A key objective of some class actions is not only to obtain monetary relief for class members, but to secure changes to the wa...
How exact should I be?
By Frank H. Wu
On the one hand, I always want to teach students what is right, according to the black letter doctrine, while showing them amb...
Insurance, California Supreme Court
Ruling preserves life insurers’ ability to offer loans
By Tom Evans
The California Supreme Court held that life insurance policy loans are not subject to a provision contained in a 1918 initiati...