Labor/Employment, California Supreme Court, 9th U.S. Circuit Court of Appeals
High court unlikely to stray far from Brinker
By Gary M. McLaughlin, Jonathan P. Slowik
The 9th Circuit recently certified two questions regarding meal and rest breaks to the California Supreme Court that have perp...
Constitutional Law
When online speech platforms remove speakers, due process is needed
By Saira A. Hussain
In our country’s fraught search to do something to stop mass violence, and hold someone or something accountable for conduct t...
August 16, 2019, was to be the kick-off of a 3-day rock festival bearing the name: Woodstock 50. Would it have the same meanin...
Intellectual Property, Entertainment & Sports
In role reversal, celebrities must now defend against paparazzi lawsuits
By I. Neel Chatterjee
Seeing a quick way to make a bunch of bucks, the paparazzi are suing celebrities to squeeze every penny out of these impromptu...
Judges and Judiciary, California Supreme Court, Appellate Practice
Chief Justice Tani G. Cantil-Sakauye by the numbers
By Kirk C. Jenkins
Today, we’re continuing our series of data-driven profiles of the justices of the California Supreme Court. Our third subject,...
Constitutional Law
Red flag laws aren’t a substitute for more meaningful regulation
By Erwin Chemerinsky
After the two most recent mass shootings in El Paso and Dayton, President Donald Trump suggested that he might support federal...
Government, Environmental & Energy
With weaker CAFE standards, the US withdraws from the climate fight
By Gerald George
Then in 2018, the Trump administration froze the corporate average fuel economy standards, neither reducing neither fuel consu...
Labor/Employment
‘Minority Report,’ but for your performance review
By J. Drei Munar, Katherine P. Sandberg
How artificial intelligence and deep learning will impact employment litigation
Law can appear like magic to those who are not lawyers, and no doubt there are those jokers who would liken the disciplines as...
Labor/Employment
Using effective severance agreements to limit liability
By David B. Monks
An effective severance agreement can help you reduce legal risk. As with any type of employment agreement, the devil is often ...
Civil Litigation
The (nearly) absolute power of California’s litigation privilege
By Drew A. Harbur
Contrary to popular belief among lawyers, application of the litigation privilege is not limited to civil lawsuits.
Corporate
10 considerations for your social enterprise’s legal form
By Susan H. Mac Cormac, Jesse Finfrock
Instead of merely following the latest trend for choosing a legal form, founders should weigh the following considerations.
Law Practice, Ethics/Professional Responsibility
Pay attention to the rules when defending depositions
By Shari L. Klevens, Alanna G. Clair
Even with knowledge of the rules, attorneys can sometimes let their emotions get the best of them in the heat of a deposition....
Civil Litigation, 9th U.S. Circuit Court of Appeals
Biometric privacy ruling could cost Facebook billions
By Kamran Salour
On Thursday, the 9th Circuit affirmed the district court’s order certifying a class of Facebook users who allege that Facebook...
Real Estate/Development
Waiver of subrogation clauses in commercial leases: what and why
By Andrew S. Bragin
Subrogation means the stepping of one person into the legal place of another. In a lease where there is a “waiver of subrogati...
Tax
When it comes to advice for filing your taxes, can you rely on the IRS?
By Robert W. Wood
There is a long list of publications that you actually can rely on, including the tax code and the regulations. There are many...
Government, Constitutional Law
Coffee safety declaration violates separation of powers
By Raphael Metzger
When the governor not only executes the laws, but also orders the adoption of laws to overturn judicial decisions, the governo...
Government, Administrative/Regulatory
Dos and don’ts of California’s cannabis regulatory environment
By Seena Max Samimi
People new to the cannabis industry often think that marijuana is simply “legal in California.” That’s only partially true; ma...
In the wake of the mass shootings in El Paso and Dayton, so-called “Red Flag” laws, now in force in 17 states, are becoming a ...
Civil Litigation, Law Practice
One-year SOL on malicious prosecution suits is virtually settled
By Roy G. Weatherup, Kenneth C. Feldman
When lawyers and their former clients are sued for malicious prosecution, it is necessary to determine applicable statutes of ...
Government, Constitutional Law
Trump's tweets: A warning to public officials
By Amber R. Maltbie, William A. Powers
You may have heard of the recent decision out of the 2nd Circuit that addressed the First Amendment implications of the presid...
Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals
Katy Perry verdict: The carnage continues
By Edwin F. McPherson
The 9th Circuit said that the “Blurred Lines case” was just one case. They said that it would not affect other cases. Many sai...
State Bar & Bar Associations
We must set a reasonable standard for passing the bar
By Jeffrey L. Bleich
Today, over 1,000 Californian bar applicants each year achieve a score that would qualify them to practice law in New York, Te...
Are we in the midst of a similar trend in formal legal writing, relaxing the use of contractions? Are the few judicial contrac...
Health Care & Hospital Law, Government
Senate Bill 78: California’s sweeping health care bill
By Ima E. Nsien
Governor Newsom recently approved a bill that modifies several California laws health care, including financial eligibility re...
Civil Litigation
Lopsided arbitration agreements and elder abuse
By Gregory M. McCarty
Elderly Californians and their families turn to 24-hour care facilities during their greatest time of need. Twenty-four hour c...
The case most often cited by insurers for their position that “arising out of” exclusions should be read broadly does not supp...
When it comes to appeals, it's best to dance with the one that brung ya.
Law Practice, Education Law
Why students study Shakespeare in law school
By Frank H. Wu
When higher education is reduced to return on investment, that decision requires an explanation. The assignment is to watch a ...
Construction, California Courts of Appeal
When homeowners can find themselves liable as an employer
By Garret D. Murai
As aptly stated by the California Supreme Court, “[i]t is doubtful the average homeowner realizes tree trimming can require a ...