Government, 9th U.S. Circuit Court of Appeals
No-fly list ruling is a limited victory for pro bono lawyers
By Chet Kronenberg
The 9th Circuit ruled on Tuesday that courts determining whether governmental conduct was "substantially justified" for the pu...
U.S. Court of Appeals for the 9th Circuit
9th joins 7th in striking class action waiver
By Zareh Jaltorossian
A decision last month is leading some to wonder whether we're witnessing an emerging judicial reluctance to enforce class acti...
Can a juvenile court "remove" a child from a parent with whom the child does not reside? What would that mean, and why would a...
Environmental & Energy, Administrative/Regulatory
State control of federal land
By Michael J. Sherman
Users of federal land, take note: You should no longer doubt the state's power to regulate, or even prohibit, specific land us...
Law Practice, Ethics/Professional Responsibility
Perils of attorney social media use keep widening
By Natalie P. Vance
Social media can be a great resource for investigating parties and witnesses, forging a brand and promoting a practice. Howeve...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Tips for avoiding a State Bar complaint
By Heather E. Abelson
Because most lawyers would prefer to visit bars to sip cocktails and not defend against client complaints, there are steps law...
Perspective
Stanford rape leads to legislation
The Legislature recently sent Assembly Bill 2888 to the governor's desk. If signed into law, it would close a loophole in Cali...
In Derek S. Jeter v. RevolutionWear, Inc., the Delaware Court of Chancery addressed issues that arise when a director...
Employer expanded responsibility for worker commutes
By Brian S. Kabateck, Doug Rochen
Courts continue to carve-out exceptions to hold employers responsible for events occurring within the scope of its employees c...
Not just through episodic, informal commentary that occurs between client and firm, but rather through a more disciplined, ana...
Labor/Employment, Government, California Courts of Appeal
A right to future (reasonable) pension benefits
By Isabel C. Safie
In a decision issued earlier this month, a California appellate court ruled that future pension benefits of current public emp...
The NLRB's recent finding that teaching assistants are entitled unionize reverses a decision by Bush's board. Which reversed a...
Last week, California cemented its role as an international leader in the fight against climate change. The Legislature passed...
Our commitment to due process should be constant enough to effectively deal with the changing moods of our culture. By Thomas ...
In recent years, many state and local governments have passed laws that prohibit discrimination "because of sexual orientation...
Litigation
Are courts changing their tune on arbitration agreement enforceability?
By Zach Cantor
Recent headlines from across the country indicate that the tide is slowly starting to turn against sloppy one-size-fits-all ar...
A so-called "data disaggregation" bill, Assembly Bill 1726, after passing the State Assembly with considerable Republican resi...
AAPIs are America's fastest growing racial group. The group often faces the model minority myth — the idea that AAPIs are well...
With the Separation of Powers Restoration Act, members of Congress are seeking to eliminate Chevron deference. But th...
As welcome as any robust effort by the high court to limit what seems to be the executive branch's ever-expanding power is, th...
While we may disagree about whether "falling back" or "springing forward" is preferable, most Californians agree that switchin...
MUNICIPAL MATTERS: The DOT and the FAA recently completed new drone regulations that take effect Monday. The guidelines apply ...
Special Coverage
Does a deferral effectively deny a motion to compel?
By James C. Martin
What happens when a district court defers ruling on a motion to compel until after discovery and a trial have been conducted o...
Of all your communications with clients and colleagues the most frequent is the one to which you may be paying the least atten...
A recent 7th Circuit's decision strengthens the argument for the Clean Power Plan, the Obama administration's most important c...
The hidden costs of mass tort cases can sink your firm
By Brian S. Kabateck, Drew Ferrandini
At first glance, it may seem like participating in an established, coordinated proceeding for a defective drug or device is a ...
Take a look at this non-exhaustive list, and then test yourself on how many of the motions you remember. Earn MCLE, too. ...
GC Email
Precision medicine raises several legal issues to consider
By Judith A. Waltz
In pursuing the collaborations necessary for the advancement of personalized medicine, there are serious and complex legal par...
Last month, Mexican President Enrique Peña Nieto approved Mexico's new national anti-corruption system, declaring that he is "...
Five decades ago, Professor Herbert McClosky demonstrated that the general public's commitment to democratic values was weaker...