Antitrust & Trade Reg.
Against the 'Europeanization' of California's antitrust law
By Geoffrey A. Manne, Dirk Auer
Adopting the European model of antitrust law could harm California’s economy, especially its technology industry and its start...
Constitutional Law, 9th U.S. Circuit Court of Appeals
The 9th Circuit ignored the law and common sense
By Erwin Chemerinsky
The court’s decision contradicts previous Ninth Circuit decisions and Supreme Court statements that the Second Amendment appli...
Ethics/Professional Responsibility, Data Privacy
Can you keep a secret? Pursuing professionalism and privacy
By Wendy L. Patrick
The California State Bar is considering adding privacy law as a new area of legal specialization, which would require lawyers ...
Labor/Employment, California Supreme Court
California Supreme upholds employer’s good faith belief defense against Labor Code Section 226 Penalties
By Theodore E. Bacon, W. Michael Hensley
A defense is available to employers when it comes to section 226 premium penalties, based on dictionary definitions of “knowin...
Being nominated to the US Supreme Court is not an honor worth pursuing, as it involves lying, politicization, and elitism.
Government, Criminal, Constitutional Law
New options for campuses in sexual assault hearings following Title IX rule changes
By Lynzie DeVeres, Ilona Turner
The Biden administration recently revised Title IX regulations that govern how colleges and universities handle sexual assault...
The Equal Employment Opportunity Commission (EEOC) has updated its harassment guidelines for the first time in 25 years. The n...
Ethics/Professional Responsibility
Encouraging government lawyers to engage in the worst legal shenanigans
By Deborah J. La Fetra
The DeVillier v. Texas case highlights the need for government officials to act in good faith when dealing with citizen...
Labor/Employment
Understanding violence and harassment in the workplace
By Francisco Mundaca
Businesses and workers lose more than $50 billion each year to workplace misconduct, but it doesn’t have to be this way.
Family
'You have been sued' - and other unwitting insults of the procedural divorce
By Jennifer Winestone, Jeffery S. Jacobson
SB 1427 passed on the consent calendar in the California State Senate on May 9, 2024, and has been referred to the State Assem...
Entertainment & Sports
Why the NCAA’s greatest rival is the US government
By Frank N. Darras
The NCAA is at risk of losing its power and relevance, unless it can reform its rules and governance, and address the emerging...
Ethics/Professional Responsibility
Safeguarding client secrets: Considerations for attorneys traveling abroad
By Shari L. Klevens, Alanna G. Clair
The ABA has urged the Department of Homeland Security to modify and clarify the directives for border searches of lawyers’ dev...
Labor/Employment
The components of effective and defensible workplace investigations
By Jaya Bajaj
Employers should conduct a thorough and fair investigation when they receive or observe a workplace complaint, which involves ...
Torts/Personal Injury
Pedestrian fatalities have spiked. Who’s to blame?
By Reza Torkzadeh, Allen P. Wilkinson
California has one of the highest rates of pedestrian-motor vehicle accidents in the US, with over 1,100 pedestrians killed an...
Securities, ESG
Navigating the evolving landscape of climate disclosures: SEC, CSRD and beyond
By Kristen Sullivan
Recent climate disclosure regulations can be a catalyst for business transformation, as companies can use sustainability data ...
Corporate, Administrative/Regulatory
DOJ whistleblower immunity: A troubling expansion of protection to corporate wrongdoers
By Michael A. Piazza
The DOJ's immunity program may undermine the effectiveness of internal compliance and reporting mechanisms in corporations, as...
California courts have seen a surge in filings for childhood sexual abuse cases due to the legislature's decision to extend th...
Appellate lawyers should have a heightened interest in who works behind the scenes in appellate chambers, as they can have a m...
Mergers & Acquisitions, Corporate
Delaware courts’ reliance on non-legal experts for dispute resolution is concerning
By Scott M. Wornow
Delaware needs to fix a broken dispute resolution process affecting Delaware-governed contracts, particularly M&A agreemen...
Torts/Personal Injury, Construction
Brown v. Beach House Design & Development provides a cautionary tale for contractors
By Garret D. Murai
A recent appellate case highlights the importance of avoiding turning a blind eye to the use of equipment by subcontractors, a...
Technology, International Law
The TikTok ban encroaches on private rights and sets a concerning precedent of limiting freedom of speech
By Xinying Huang
The recent bill to ban TikTok in the United States highlights the country's complacency and overconfidence, potentially underm...
Judicial opinions should be clear, comprehensible, and authentic. Otherwise, opinions should take a TV drug commercial approac...
Examining a foreign judicial system can help us question our assumptions and goals, and there is no simple answer to which sys...
Labor/Employment
The California Supreme Court again addresses 'hours worked' for nonexempt employees
By George S. Howard Jr., Jessika Russell
The California Supreme Court recently clarified which hours are compensable for employees ...
Government, Constitutional Law
The constitutional significance of charter cities’ Senate Bill 9 win
By Benjamin R. Jones
The ruling could have broader implications for future state legislation that attempts to supersede charter cities’ authority o...
Data Privacy
Businesses beware – privacy plaintiffs are looking at you, too
By Eric Bakewell, Susan Rohol
Plaintiffs have filed a wave of privacy complaints against website owners, alleging violations of the California Invasion of P...
DEI
Blame culture and prejudice permeate mindsets after collapse of Francis Scott Key Bridge
By Mark B. Baer
After being struck by a cargo ship that brought down the Francis Scott Key Bridge, many people blamed diversity, equity, and i...
Letters
Depending on the facts, plaintiffs can argue for greater penalties under Section 226.3
By Debra J. Tauger
The Gunther case expressly declined to follow an earlier decision in the Fourth District, ...
Criminal
Supreme Court decision could affect legality of gifts to public officials
By Amber R. Maltbie
The Supreme Court will decide whether 18 U.S.C. 666 only criminalizes quid pro quo bribery or also covers gratuities, such as ...
Labor/Employment
SCOTUS decides that a position transfer may violate Title VII if an employee is worse off due to discriminatory reasons
By Emily Burkhardt Vicente, Steve DiBeneditto
Employers may need to review and document their transfer policies more carefully and be prepared to face challenges and damage...