Three new virtual reality headsets will be released in 2016, so what rules apply to data collected by these devices? By Hanley...
SB 443 will help ensure that private property is not taken based on a hunch, bias, malice, or inadequate or inadmissible evide...
Labor/Employment
Public employers need to be vigilant about ovrtime rules
By Lisa S. Charbonneau
A 9th Circuit decision earlier this year triggered a flurry of Fair Labor Standards Act lawsuits against public employers in C...
There's a new federal law governing foods containing genetically modified organisms, aka GMOs, and it preempts the poorly conc...
Prior columns have emphasized the importance of earning the courts' trust — and how easily it can be forfeited through over- o...
Appellate Practice
Excellence is making the most of what you have to work with
By Myron Moskovitz
No matter how well written it is, an appellate brief isn't "great" unless it makes great use of the record. ...
Civil Litigation, Law Practice, Judges and Judiciary, Criminal
The art of the opening statement
By John C. Hueston
Nothing in the practice of law compares to the sheer drama of standing before a judge and jury to make a passionate and persua...
The Supreme Court's decision in McDonnell v. United States will make it much harder for the government to prosecute a...
Orange County Judge Karen Robinson is praised for her ability to dig for facts.
With a number of U.S. and global regulatory agencies advancing theories to support their jurisdiction and compliance demands i...
Two bills sitting on the governor's desk will help California adapt its water resources for climate change. By Wesley A. Milib...
Administrative/Regulatory
First major Prop. 65 update in over a decade
By Michèle Corash
On Sept. 2, the California published sweeping changes to Proposition 65 that rewrite the "safe harbor" warning regulations and...
The Adult Use of Marijuana Act, Proposition 64 on the November 2016 ballot, is polling at over 60 percent support among likely...
Is Donald Trump's reluctance to release his tax returns about an IRS audit or something else? By Robert W. Wood ...
I first reviewed the Dragon Naturally Speaking software almost 20 years ago, in 1997. With the latest version released this mo...
A 9th Circuit ruling that an employer cannot force employees to pursue work-related claims individually through concerted acti...
Studies show that the persons receiving the abuse aren't the only ones affected by it. When other employees witness this behav...
Ethics/Professional Responsibility
Pro bono bill veto was a shock
By Cindy Thomas Archer
Many were surprised when Gov. Brown vetoed a bill that would have required law students to complete 50 hours of pro bono servi...
GC Email
Equitable estoppel may limit ability to enforce policy conditions
By Shaun H. Crosner
When an insurer fails to honor statutory and common law duties, California's doctrine of equitable estoppel may preclude the i...
Perspective
Utilities commission just made it easier to get utility data
By Zeb Zankel
The California Public Utilities Commission's new process for submitting confidential information is certain to create uncertai...
Everyone agrees that the root causes of wildfires should be addressed. However, one step below the surface of this clear-cut c...
Administrative/Regulatory
Bill may change the face of farm production in California
By Larry M. Kazanjian
The farmworker overtime bill, now signed into law, could affect hundreds of thousands of agricultural workers and change the f...
While the fate the Anthem/Cigna and Aetna/Humana mergers is uncertain, it seems likely that at least one of them will fail to ...
There may be more disclosure about litigation financing forthcoming, however, especially in class actions, based on a recent d...
A recent 9th Circuit ruling considers which privilege law governs whether the settlement email exchange during mediation is ad...
Ethics/Professional Responsibility
How to deal with motions for sanctions
By J. Randolph Evans, Shari L. Klevens
Receiving a motion for sanctions can be a scary or even emotional event, regardless of whether the motion is brought against j...
Civil Litigation
Is your deposition subpoena enforceable under California law?
By Bentley P. Stansbury III
Upon receipt of a deposition subpoena or a subpoena duces tecum issued by an arbitrator, careful practitioners should ask two ...
Affirming the old adage that hard facts make bad law, a 9th Circuit ruling that the Communications Decency Act does not shield...
Labor/Employment
Arbitration agreement ruling puts Uber in the driver's seat
By Cary D. Sullivan
Last week, the 9th Circuit ruled that two of Uber's arbitration agreements are valid and enforceable, reversing the Northern D...
Melania Trump's lawsuit against the Daily Mail makes good on one of her husband's most famous promises — a vow in February tha...