Civil Rights, California Supreme Court, Appellate Practice, Alternative Dispute Resolution
MFAA versus CAA: Jurisdictional traps for the unwary in arbitration
By Gerald G. Knapton
In the last days of May two opinions were filed that explained and changed some of the rules for arbitration under the Mandato...
Civil Litigation, Criminal
The realities of court reporting in the 21st century
By Martin H. Block
Digital reporting has shown that it can effectively fill the gap caused by inadequate numbers of shorthand reporters and keep ...
Key considerations to take into account when evaluating digital media evidence for a case.
Civil Litigation, Government
Legislature weighs bill inspired by elder residents abandoned during wildfires
By Brian S. Kabateck, Katherine A. Bruce
One of the most heartbreaking cases of elderly abandonment happened in the midst of the Tubbs wildfire that raced through Sono...
Alternative Dispute Resolution
The advantages of co-mediation
By Suzanne K. Emge, Derek J. Emge
More attorneys are realizing is that the best “mediator” is often the best co-mediators.
As a former military shooting expert, I have a fear of guns — in the hands of fellow educators. In the aftermath of the 2018 s...
Civil Litigation, Environmental & Energy
Tectonic legal plates: climate change and housing in California
By Howard B. Miller
This is about one of the most important cases in California you haven’t heard of. As public and political leaders are moving t...
Civil Litigation, Labor/Employment, Government, Alternative Dispute Resolution
Will arbitration bill fare better under the Newsom administration?
By Gina M. Roccanova
The latest volley in the endless battle between California and the federal courts over mandatory arbitration clauses in employ...
Environmental & Energy, Bankruptcy
Court says FERC overstepped in PG&E bankruptcy cases
By David S. Kupetz
The bankruptcy court presiding over the Pacific Gas and Electric Corp. Chapter 11 bankruptcy reorganization cases issued a dec...
Tax, Government, Family
Bill that would have brought back state gift and estate tax fails to pass
By Scott E. Rahn
Of all the tax bills that California state legislators were considering this year, the one that potentially had the most profo...
It’s been nine years since the 2010 enactment of the Affordable Care Act. The ACA transformed American health care, the most s...
Probation commission needs certain powers to be effective
By Jan Greenberg Levine
The Probation Department has exhibited an incomprehensible and long-standing resistance to the adoption of practices that are ...
Corporate, Administrative/Regulatory
Instagram data leak adds to Facebook’s privacy woes
By Scott S. Satkin
A massive database containing information from more than 49 million Instagram accounts has been discovered online. The cache, ...
Education Law, 9th U.S. Circuit Court of Appeals
Title IX ruling is favorable authority for universities
By David Urban
Last week, the 9th Circuit approved the district court’s dismissal of a Title IX lawsuit brought by three University of Oregon...
U.S. Supreme Court, Government, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
Wireless carriers have big plans for city streets: are cities powerless to stop them?
By Gail A. Karish
With SB 649 defeated and a recent California Supreme Court ruling, it would seem it is settled law in California that localiti...
Civil Litigation, California Supreme Court
Do we now know what a ‘public issue’ is under anti-SLAPP law?
By Jens B. Koepke
A recent California Supreme Court ruling is required reading for all civil litigators.
Intellectual Property, Government
Patent bill should focus on stabilizing law, not wiping out precedent
By Daniel N. Yannuzzi, Patrick McGill
Congress must appreciate and accommodate the reality of our constitutional system. As scattered as the current case law may be...
Civil Litigation
Clearing the hurdle: Classwide proof in false advertising class actions
By Robert D. Phillips Jr., Ethan Bond
In the world of false advertising claims, the all-important question is this: Can the putative class offer some model that dem...
Intellectual Property, Government, Criminal, Corporate
How a robot named ‘Tappy’ could cripple Huawei
By Janice W. Reicher, Jessica K. Nall
In the ongoing confrontation between the U.S. government and Chinese telecom giant Huawei, a civil trade secret dispute betwee...
Civil Litigation, Government, Environmental & Energy, Administrative/Regulatory
Reconsidering strict liability in light of recent California wildfires
By Willis Hon, Bradford B. Kuhn
In 1965, the California Supreme Court decided the landmark case Albers v. County of Los Angeles, which established the strict ...
We need a higher education policy
By Frank H. Wu
Public higher education has become a shadow of its former self.
Labor/Employment, Ethics/Professional Responsibility, State Bar & Bar Associations
Attorney ethics and unenforceable employment contracts
By Robert C. Fellmeth
We all know that it is unethical for an attorney to file a clearly frivolous case, but the law as enforced is less clear on th...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Ruling breathes new life into nationwide class actions
By Ryan Wu, Eduardo Santos
In a stark reversal from the panel decision, the en banc 9th Circuit held that settling parties are not required to conduct a ...
Civil Litigation, Labor/Employment
Court clarifies 7-year rule for employment contracts, finally
By Anthony J. Oncidi
Los Angeles County Superior Court Judge Marc D. Gross made history on June 5 by becoming the first state court judge to decide...
Civil Litigation, Law Practice, Appellate Practice
Counting the minutes: Calculating the deadline for requesting a statement of decision
By Alana H. Rotter
Navigating the process is no simple matter: There are many technical nuances that create pitfalls for the unwary. A recent Cal...
U.S. Supreme Court, Civil Litigation, Labor/Employment
Supreme Court ruling is a cautionary tale to employers
By Todd B. Scherwin, Andrew J. Hoag
Employers Beware: In a cautionary tale to employers, the U.S. Supreme Court held that employers defending harassment claims un...
Labor/Employment
WCAB analysis invites a revival of compensable consequence claims injuries
By Shannon M. Blair, Elizabeth A. Epstein
The Workers’ Compensation Appeals Board recently held in an en banc decision that multiple factors, some of which are entirely...
“The Trial of Jacky Ruby,” by John Kaplan and Jon Waltz, dissects the transcripts and the trial record from the infamous Ruby ...
Real Estate/Development, Government
HUD policy would exacerbate a worsening crisis
By Alfred M. Clark III
Last month, the Department of Housing and Urban Development published a proposed rule which would terminate housing assistance...
Family
Navigate the new rules of engagement for evidentiary hearings in family court
By Lawrence P. Riff
The times they are a-changin’ for Family Code Section 217 evidentiary hearings. The new rules: Be diligent, proactive and very...