Civil Litigation, Environmental & Energy
Coal's high court victory a Pyrrhic one?
By Kevin Poloncarz
Last month, the U.S. Supreme Court ruled against the EPA in a case about carbon dioxide emissions. But was it really a victory...
Intellectual Property
Some courts conflate copyright terms
By Stephen M. Doniger, Scott Alan Burroughs
The import of a copyright registration has been elevated to a level exceeding its intended function, and cases demonstrate how...
2014 saw a record number of exonerations. While there are many factors leading to false convictions, a few simple reforms to t...
Alternative Dispute Resolution
Unofficial mediator identity revealed
By Robert S. Mann
You have selected a highly qualified mediator and set the date. Now, you can write your mediation brief, settle back and wait ...
Real Estate/Development, Government, Administrative/Regulatory
New SF rent ordinance needs work
By Daniel J. O'Connell
San Francisco's new "buyout" law is flawed even from a tenant-perspective, and may be held unconstitutional. ...
Family, California Courts of Appeal
Rare reversal of family law judge provides a lesson
By Claudia Ribet
This case is the next chapter in the saga to determine what must be demonstrated (and by which party) to justify a so-called '...
Civil Litigation, Appellate Practice
Treading on out-of-state conduct
By Donald M. Falk
Recent cases consider some of the vexing question that arise when California tries to project its regulatory power beyond stat...
Disparate impact victory, but not complete
By Ralph W. Kasarda
A recent Supreme Court ruling can be viewed as a victory - but not a complete victory - for those who champion disparate impac...
Appellate Practice
Should you anticipate arguments in opening briefs?
By Myron Moskovitz
On the one hand, why anticipate an argument that your opponent might never make? Why run the risk that the court will be impre...
Judges often decide cases involving arcane subjects in which our knowledge or skill is severely limited. For me, it is the eso...
According to a recent decision, a passenger who engages in reckless "backseat" driving may now be liable as an aider and abett...
Not on same-sex marriage, of course, but in a federal sentencing case that could send shock waves through California penitenti...
Civil Litigation, Law Practice, Judges and Judiciary, Criminal
Objections to the form of questions
By Elia V. Pirozzi
Learn about objections to questions considered vague, ambiguous or unintelligible, compound, argumentative, and asked and answ...
Civil Litigation, California Courts of Appeal
What happens when a party is added after an offer?
By Craig A. Roeb, Michelle L. Ellis
For the first time, a Court of Appeal ruling identifies that when a defendant is named later in the case, it is not naturally ...
Both the Senate and the House are working on legislation to rein in patent trolls. Don't be afraid to look at what they're put...
News reports on the "shocking" working conditions in many nail salons may well lead to the next wave of wage and hour class ac...
Deja vu for disability rights at the Justice Department
By Thomas F. Coleman
A class action filed Friday with the DOJ alleges that the court has been failing miserably in fulfilling its duty to provide l...
Family, California Courts of Appeal
Use it or lose it: the right to appeal your divorce case
By Claudia Ribet
A recent opinion is a cautionary tale illustrating how a notice of appeal is jurisdictional and that, if the notice is filed t...
Environmental & Energy
Housing case hints at chief justice's land use stance
By Richard M. Frank
Last week, the provided inclusionary housing advocates a major policy and legal victory by unanimously ruling that an afforda...
As I listened to the interviews regarding Dolezal and the pundits of every color pontificating about a woman they don't know, ...
The high court upheld the state of Texas' right to refuse issuing a specialty license plate featuring an image of the Confeder...
On Monday, the U.S. high court said an agricultural program that requires farmers to set aside portions of their crop for the ...
Criminal
Revenge porn purveyors soon face new consequences
By Jay Lichter, Richard H. Lee
California's new revenge porn law goes into effect July 1. The law will address some of the shortcomings of its predecessors.
Last week, a district court denied Sony Pictures' motion to dismiss as to Article III standing in a case involving a major dat...
If a ruling last week finding an Uber driver to be an employee rather than an independent contractor is a sign of things to co...
Congress, judges diverge on remand review
By Peder K. Batalden, John F. Querio
Congress has barred review of remand orders, but many federal judges seem to feel differently.
Alternative Dispute Resolution
Don't forget critical eleventh-hour issues
By Jan Frankel Schau
It happens frequently. It is late, and the clouds seem to part in a hotly contested employment mediation. Settlement appears l...
Corporate, Constitutional Law, Administrative/Regulatory
Fairness of SEC forum is dubious
By Thomas A. Zaccaro, Nicolas Morgan
The SEC has increasingly filed actions before its own administrative law judges - where it has a Harlem Globetrotters-like win...
Environmental & Energy, Administrative/Regulatory
User's guide to California water rights
By Kathryn L. Oehlschlager
Environmental lawyer Kathryn Oehlschlager provides a user's guide to California's priority system, curtailment, voluntary cutb...
Package delivery's 'seismic' situation
By Robert W. Wood
In the wake of a 2014 9th Circuit decision, FedEx has reached a $228 million settlement with drivers who said they were miscla...