Law Practice, California Supreme Court, State Bar & Bar Associations
Attorney re-fingerprinting story is quite disturbing
By Nathaniel J. Friedman
The critical paragraph reads “Many of the state’s 190,000 active lawyers must be re-fingerprinted because for more than 25 yea...
U.S. Supreme Court, Civil Litigation, Labor/Employment, California Supreme Court
California’s halting retreat from the arbitration tug of war
By Steven B. Katz
In Epic Systems, we were treated to the rare spectacle of the California Supreme Court accurately anticipating the U.S. Suprem...
Insurance, 9th U.S. Circuit Court of Appeals
Preexisting condition doesn’t preclude coverage
By Robert J. McKennon
The 9th Circuit ruled that if an insured with a preexisting medical condition gets in an accident, but the condition does not ...
Labor/Employment
When #metoo is #yotambién: Protecting Non-Native English Speakers in the Workplace
By Beth A. Schroeder
In the wake of #MeToo, as employers are striving to reform their harassment policies, they should bear in mind that harassment...
Civil Litigation, Intellectual Property
What’s different about early case assessment in trade secrets cases
By Jordan D. Grotzinger
Litigants value early case assessment by their law firms for obvious business reasons. This exercise is uniquely important in ...
Law Practice, Contracts
Five essential provisions of an influencer agreement
By Lindsay Gehman
Written influencer agreements allow the advertiser and influencer to get on the same page about expectations and risk allocati...
Immigration, Government, Entertainment & Sports, Constitutional Law
Sports betting ruling and sanctuary cities
By Jonathan Wood
Undoubtedly, California will cite the case to shield against the United States’ lawsuit challenging the state’s sanctuary citi...
While to date there has been relatively few reported cases involving cyberinsurance coverage disputes, there has been much lit...
Administrative/Regulatory
Potential new liability regime for credit reporting agencies
By Jonathan C. Sandler, Rosanna Carvacho
The California Legislature is considering enacting Assembly Bill 1859, which would impose substantial new security obligations...
Criminal, Constitutional Law, California Courts of Appeal
DUI cases and exceptions to the warrant requirement
By Frank M. Loo
This month, two cases discussed informing DUI defendants of the right to refuse blood testing and the consequences of a refusal.
Letters, State Bar & Bar Associations
Time for the State Bar to ditch the MBE
By Ira L. Shafiroff
Any lawyer who has practiced more than six months knows that the MBE tests no such skills.
Transportation, Tax
What impact will the new tax law have on business aviation?
By John T. Van Geffen
The Tax Cuts and Jobs Act has quickly reshaped business and individual tax incentives for aircraft usage.
Real Estate/Development, Government, Administrative/Regulatory
Costa-Hawkins and the future of rent control in California
By Joseph Tobener, Rahman Popal
It is not a coincidence that the effort to overturn the law comes in the wake of an unprecedented housing crisis.
Criminal, Constitutional Law
Distant relatives aren't the only ones looking for your DNA on genealogy sites -- law enforcement is looking, too
By Jennifer Lynch
In the excitement over the Golden State Killer, we shouldn't lose sight of the urgent need for legal rules to govern access to...
Letters, Government, Criminal
Actually, some LWOPP prisoners have been paroled
By Michael Ogul
I am writing to correct a mistake I made in my guest column of April 30, 2018, “What’s It Mean to be DA?”
Intellectual Property, Entertainment & Sports, Civil Rights, 9th U.S. Circuit Court of Appeals
Video game cheat leads to copyright infringement suit
By Dan D. Nabel
Does using cheating software in a video game create an unauthorized “derivative work”?
U.S. Supreme Court, Civil Litigation, Labor/Employment
Your work is just another business transaction
By Bryan Lazarski
The U.S. Supreme Court decision in Epic Systems is a nasty blow to the nation’s workforce, which relies on the class action me...
U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court
Divorcing the message from the messenger
By Brian M. Hoffstadt
Napoleon is probably not the one to lead a Ted talk about how to win a land war in Europe, but should the approach be any diff...
Letters, Insurance, Government, Administrative/Regulatory
Insurance bill needs to provide more protection
By Jon B. Eisenberg
I have proposed to the committee that Senate Bill 1291 be amended to require out-of-state adjusters to complete a short train...
Insurance
Specific-risk title insurance: Something new under the sun?
By Robert C. Barnes
A handful of European reinsurance companies and some title insurers in turn have been offering to their insureds, the ability ...
U.S. Supreme Court, Criminal, Constitutional Law
The Supreme Court’s bizarre summary reversal in Kisela v Hughes
By Scott J. Street
As Chief Justice John Roberts likes to remind us, federal judges are very busy (he should see the dockets that California stat...
Civil Litigation, 9th U.S. Circuit Court of Appeals
Ruling explores when an admission is not an admission
By Michael H. Leb
The 9th Circuit recently issue a ruling in an ADA case, but the interesting part of the holding is how it highlights the impor...
Civil Litigation, Labor/Employment, California Supreme Court, California Courts of Appeal
State high court is poised to resolve a split under Iskanian
By Gregory W. Knopp, Jonathan P. Slowik
In recent months, the Court of Appeal has issued two conflicting decisions regarding whether the Iskanian rule extends to such...
U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court
Searches, seizures and independent state grounds
By David Aram Kaiser
In the area of search and seizure is pretty much dead, so-called California Constitutionalism is pretty much dead.
Health Care & Hospital Law, Government, Civil Litigation, Administrative/Regulatory
Medicare Secondary Payer Act: personal liability cases
By Karen A. Feld
Personal injury attorneys who have cases where the claimant is a Medicare beneficiary need to have a basic understanding of Me...
Civil Litigation, Health Care & Hospital Law
Getting it right in elder abuse cases
By George R. Kindley
Plaintiff advocates need to know how to handle the Winn decision.
As American actress Meghan Markle prepares wed Britain’s Prince Harry over the weekend, most people probably were not focused ...
Judges and Judiciary, Government
Nominees refuse to endorse Brown v. Board of Education
By Rodney K. Nickens
The confirmation of these nominees would be a tremendous blow to the legacy of this crucial case, which has touched the lives ...
Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals
We haven’t heard the last on trade dress precedent
By Brian M. Wheeler
In a recent case the 9th Circuit provided some guidance to practitioners of how to establish irreparable harm beyond mere evid...
Civil Litigation, Law Practice
Time to raise the max amount in controversy in limited civil cases?
By Eric R. Reed
It is increasingly difficult for California attorneys to propose a limited civil action as a viable option for any case fallin...
