Government, Environmental & Energy, Administrative/Regulatory
Agencies finally begin to address dangers of PFAS
By Steven H. Goldberg, Leila Bruderer
This article provides background on polyfluoroalkyl substances, highlights recent regulatory developments and raises, as yet, ...
Labor/Employment, Government, Administrative/Regulatory
DOL proposes to raise salary for white collar exemption threshold
By David Prager
Under current regulations, employees primarily engaged in executive, administrative, or professional duties, and who receive ...
For the TL/DR audience, the takeaway from a recent trademark case brought by Converse is that when it comes to the importance ...
Regardless of one’s legal, philosophical or moral views on sex work itself, it is not difficult to conclude that something has...
Government, Administrative/Regulatory
DOJ turns attention to False Claims Act guidance instead of rules
By Matthew Zandi
Deputy Associate Attorney General Stephen Cox recently highlighted and clarified several recent U.S. Department of Justice pol...
Government, Administrative/Regulatory
Expect California’s data privacy to laws to become the governing model
By Gerald L. Sauer
A hodge-podge: That's the current U.S. data privacy regime.
Government, Constitutional Law
Panel hears arguments over Trump tweets
By John H. Minan
On Tuesday, a panel of federal appellate judges considered free speech rights in the context of President Donald Trump’s well-...
Civil Litigation
MICRA’s ‘cap’ comports with right to a jury trial under 7th
By Fred J. Hiestand
Despite recent reports, MICRA’s cap on noneconomic damages passes muster under the 7th Amendment right to a civil jury trial.
Law Practice, Ethics/Professional Responsibility
Inequality, polarization are undermining ethical lawyering
By Scott Cummings
The opportunity for lawyers to mediate conflicting viewpoints and interests toward some broader vision of the public interest ...
Civil Litigation, Constitutional Law
Holding gun manufacturers responsible for reckless ads
By Hannah Shearer
Manufacturers may soon find themselves back in the hot seat after a March 14 decision from the Connecticut Supreme Court.
Judges and Judiciary
African-American women on the California bench: a history
By Brenda Harbin-Forte
Brenda F. Harbin-Forte, a judge on the Alameda County Superior Court, has researched and written about African-American women ...
Government, Administrative/Regulatory
Despite outcry over massive data breaches, little has changed
By Anita Taff-Rice
Moody's, one of the world's largest credit rating agencies, may be headed in the right direction. It announced last year that ...
Securities, Corporate, Banking
Strategies to become a successful emerging fund manager
By Sara L. Terheggen
First-time funds have been growing at a healthy pace year over year with continued upward growth since 2013.
Government, Environmental & Energy, Administrative/Regulatory
Energy initiatives provide new opportunities for central valley farmers
By Buck Endemann
Over the past few years, California has passed or strengthened several incentives to promote the more efficient production and...
Government, Criminal
Although the system is broken, halting executions isn’t the answer
By Arash Hashemi
As a defense attorney, I’m against the death penalty. But as a private citizen, I’m for it.
Government, Criminal
Newsom disrespects victims, their families and voters
By John M.W. Moorlach
Justice. It means giving people what they deserve. For stone-cold killers convicted in the justice system, passed through the ...
Government, Criminal
Newsom may have halted executions, but the machine keeps on ticking
By John R. Mills
Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...
Insurance, Government, Criminal, Administrative/Regulatory
Can you insure the cannabis industry without violating federal law?
By Joshua J. Borger
Marijuana may present the most combative clash between federal and state law today. California legalized medical marijuana in ...
U.S. Supreme Court, Intellectual Property, 9th U.S. Circuit Court of Appeals
Restoring balance to software copyrights
By Peter S. Menell, David O. Nimmer
Our previous article addresses the substantive defects of the U.S. Court of Appeals for the Federal Circuit’s rulings in the O...
Law Practice, Ethics/Professional Responsibility
How not to be a lawyer
By Mark L. Tuft
A lawyer who finds himself in a situation of having to turn on his client in an attempt to justify his own intentional miscond...
Law Practice, Ethics/Professional Responsibility
Arbitration of malpractice claims is alive and well
By Brian Slome, Kenneth C. Feldman
At the minimum, clients should have the choice of going to binding arbitration. If they don’t want to go arbitration in the fu...
Government, Administrative/Regulatory
Delivery regulations appear to override local control of cannabis
By Scott E. Huber
In what appears to be a massive power grab, the Bureau of Cannabis Control recently approved regulations which override all lo...
Law Practice, Alternative Dispute Resolution
Dealing with a challenging client during mediation
By Peter J. Polos
While mediation has certainly gained popularity among civil litigators in California, our clients are not always easily convin...
U.S. Supreme Court, Intellectual Property
Justices need to hear Oracle v Google
By Peter S. Menell, David O. Nimmer
A matter of blockbuster significance is the subject of a current petition for certiorari. The case is Oracle v. Google. We sub...
U.S. Supreme Court, Government, Constitutional Law, 9th U.S. Circuit Court of Appeals
Courts’ historical struggles with citizenship renunciation
By John S. Caragozian, Donald E. Warner
The federal government’s ignoble mass imprisonment of Japanese-Americans during World War II has a postscript: In 1944 and 194...
Government, 9th U.S. Circuit Court of Appeals
Ruling is a victory in battle for affordable housing
By Jill Habig
The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...
People ask me all the time now if I believe legal education has "bounced back." I am convinced it has bounced, but I doubt it ...
U.S. Supreme Court, Government, Constitutional Law
An unlawful presidential act
By Erwin Chemerinsky
President Donald Trump is acting in an unconstitutional and unlawful manner in spending $8 billion to build a wall without con...
Criminal, Constitutional Law, California Courts of Appeal
The schizophrenic Sixth
By Brian M. Hoffstadt
The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?
Judges and Judiciary, California Supreme Court
Justice Brown and the old ACLU
By Mitchell Keiter
As a former chambers attorney for California Supreme Court Justice Janice Rogers Brown, I was surprised to read about her cons...