Oliver Wendell Holmes, Jr., famously declared that the life of law has not been logic but experience. Yet logic improves advoc...
Civil Litigation, Labor/Employment
The coming battle over ‘implicit bias’ in employment discrimination cases
By Anthony J. Oncidi
Enterprising plaintiffs’ lawyers are increasingly trying to fill the gap by relying upon evidence of purported “implicit bias”...
Tax, Civil Litigation, Health Care & Hospital Law, Constitutional Law
ACA ruling won’t hold up
By Erwin Chemerinsky
Civil Litigation, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
En banc 9th Circuit should reconsider FTC Act case
By Blaine H. Evanson
9th Circuit Judges Diarmuid O'Scannlain and Carlos Bea have called on the en banc court to reconsider precedent approving of b...
Criminal, California Supreme Court, Appellate Practice
A rarity: Success on habeas
By David Aram Kaiser
Last March, the California Supreme Court vacated the conviction and sentence of a death row inmate. This rarely happens.
Civil Litigation, Intellectual Property
A potential source of claims construction disharmony
By Jim Glass, Samuel Jacobs
The PTO's recent rule change specifies that the Phillips standard will apply to both America Invents Act proceedings involving...
U.S. Supreme Court, Government, Constitutional Law
To indict or not to indict? The high court should answer
By Gary Schons
I've reviewed the DOJ's memo from 2000, titled "A Sitting President's Amenability to Indictment and Criminal Prosecution." It ...
You don’t need to include every little detail, but you want to be able to point to the basic provisions and show that indeed, ...
Richard Wirick reviews Ramachandra Guna’s latest book, “Gandhi: The Years that Changed the World.”
Environmental & Energy, Administrative/Regulatory
Slaughter-free meat comes with regulatory challenges
By Elizabeth Holtz
It is all but certain that the USDA and FDA will play a role in regulating various aspects of slaughter-free meat, but the det...
Law Practice
HELP WANTED: Brave lawyers to challenge state guardianship systems
By Thomas F. Coleman
When it comes to the movement to reform abusive guardianship and conservatorship systems, there is an advocacy void when it co...
Internal Revenue Service Forms 1099 usually arrive in January, and serve to kick off the tax season. If you receive them, they...
Education Law, Civil Litigation, California Supreme Court, California Courts of Appeal
A college’s duty to protect its students from foreseeable violence
By Alan Charles Dell'Ario
With its recent opinion, the Court of Appeal fully implemented the policy considerations behind the duty colleges and univers...
Labor/Employment
Does CBS still have to pay $120M severance package to Moonves?
By Gerald L. Sauer
It’s time to rethink and redraft executive contracts. Management should not have to wait for a legal verdict in order to do th...
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory
High court accepts Scalia’s invitation
By John C. Eastman
If even Antonin Scalia was willing to abandon the so-called Auer v. Robbins doctrine, it must be on very thin ice indeed.
U.S. Supreme Court, Government, Constitutional Law
The scope of executive privilege
By John H. Minan
Absent Supreme Court clarification, uncertainty exists on the proper scope of executive privilege in response to congressional...
Experienced attorneys who know and understand the rules can meet up with a mediator or another attorney they’ve never seen bef...
U.S. Supreme Court, Civil Litigation
Absent a Martian invasion, are you out of luck?
By Jeremy S. Smith, Christopher Chorba
The Supreme Court tackles whether there are any exceptions to Rule 23(f)’s 14-day deadline to file a petition for permission t...
Labor/Employment
A holiday wish list of potential employment changes for 2019
By Michael S. Kalt, Daniel C. Gunning
Predictions abound regarding whether Gov.-elect Gavin Newsom and Democrat supermajorities in both legislative chambers will me...
Judges and Judiciary, California Supreme Court, Appellate Practice
Brown's impact on the court
By Kirk C. Jenkins
So now that we have a nominee to fill Justice Kathryn Werdegar’s seat — the governor’s fourth appointment to the court — it s...
Diane Cafferata is back with more tips on ensuring you have strong motion practice.
Civil Litigation, Criminal, Bankruptcy
Are bankruptcy criminal referrals sad or not sad?
By Leonard L. Gumport
In non-bankruptcy civil cases, Congress has not told Article III federal judges what to do. In bankruptcy cases, Congress cert...
U.S. Supreme Court, Environmental & Energy
Roberts emerges as adept leader
By Richard M. Frank
As the U.S. Supreme Court formally convened on the proverbial first Monday in October, and the justices settled in to hear ora...
Civil Litigation, Criminal, Banking
Liability of banks receiving money in a wire fraud scheme
By Joshua J. Borger
When is a bank liable for accepting funds in a wire fraud scheme?
Insurance
Don’t forget about businesses that suffer interruption in a disaster
By Stephen L. Raucher
With all the devastation wrought on homeowners in recent weeks by the California wildfires, there has been much attention paid...
Labor/Employment
Mistletoe and #MeToo: Work holiday party best practices
By David B. Monks, Megan E. Walker
Several new harassment laws signed by Gov. Jerry Brown this October may not go into effect until Jan. 1, 2019 or later, but th...
In the courtroom lawyers are advocates who rarely are both sides of an issue. Mediators are different — we have to be able to ...
Tax opinions were always important. And with the massive tax bill that was passed almost a year ago, the situations in which t...
Military Law, Law Practice
Soldier first, lawyer always
By Antoinette Balta, Timothy M. Weiner
Many civilian lawyers in California join the California State Military Reserve to serve and support the people of California.
Tips on how to ask your clients to pay their bills.