Land Use, California Supreme Court
State Supreme Court sides with legislature, UC Regents -- people are not pollution under CEQA
By Brandon Kline
State Supreme Court cites the passage of Assembly Bill 1307 and concludes that social noise created by public university colle...
The justice reflects on a Sunday morning ritual, maintaining standards of excellence in the legal profession and the loss of a...
Tax, Government, California Supreme Court
California Supreme Court strikes wide-reaching tax reform initiative from November 2024 ballot
By Lutfi Kharuf, Dean S. Atyia
The California State Legislature and the Office of the Governor successfully challenged a ballot initiative that would have im...
Law Practice, Alternative Dispute Resolution
Quantum meruit: As much as one has deserved
By David M. Majchrzak
California does not have a system to arbitrate fee disputes among lawyers who have worked on the same case under different fee...
Criminal, Constitutional Law
Ensuring freedom of access to places of religious worship
By Terri R. Brown
Federal, state, and individual remedies are available for interference with religious freedom. The Federal FACE Act grants a r...
Civil Litigation
New legislation limits the scope of PAGA claims and caps penalties, but may result in increased litigation
By Sarah Kroll-Rosenbaum, Anthony D. Sbardellati
Critically, the new legislation codifies that a PAGA plaintiff may bring a claim for only those violations of the Labor Code t...
Civil Litigation
PAGA at 20: New legislation could reduce litigation
By Tal Burnovski Yeyni
California has amended its Private Attorneys General Act (PAGA) and is awaiting a signature from Gov. Gavin Newsom. The amendm...
U.S. Supreme Court, Constitutional Law
Restraining order meets threat criteria, complies with the Second Amendment
By Philip M. Howe
The Supreme Court found that Section 922 (g)(8) is analogous to the surety laws in England and Massachusetts, which allowed ma...
U.S. Supreme Court, Constitutional Law
To speak or not to speak: Supreme Court must decide if hosting another's speech is the same as posting it oneself
By Mitchell Keiter
The Supreme Court is set to decide two cases, NetChoice, LLC v. Attorney General, Florida, and ...
The United States Supreme Court has ruled that individuals found by a court to pose a credible threat to the physical safety o...
Technology, Law Practice
Mastering the digital first impression: Six essential strategies for attorneys
By George Brandon
Attorneys need to invest time and thought into their online presence and choose a few strategies that resonate with them. Enga...
Torts/Personal Injury
Debunking misconceptions about mild brain injuries
By Taylor Ernst
The term “mild” in traumatic brain injury (TBI) cases often leads to underestimation of the TBI’s significance, creating a cog...
The rails-to-trails concept originated due to abandoned railroad easements, and how Congress attempted to redefine “railroad u...
Insurance, California Supreme Court
Analyzing cross-cutting insurance issues: Kaiser Cement vs. Another Planet
By Elizabeth H. Gorman, Breanna Jones
The California Supreme Court took two very different approaches to deciding recent coverage cases over the last month: close t...
Tax, California Supreme Court
Defending democracy: The crucial role of taxpayer lawsuits
By Neil K. Sawhney
The California Supreme Court is set to hear a case that could limit the ability of taxpayers to sue public agencies and offici...
Civil Rights
California prosecutor removes 5 of 6 Black women from jury pool
By K. Chike Odiwe
The California Supreme Court found no racial bias when a District Attorney excluded Black women from a jury, but racial justic...
Government, Criminal
Trump's legal dance around classified documents likely to outlast 2024 election
By John H. Minan
The criminal indictment against former President Donald Trump for mishandling classified documents and obstructing their retur...
New Federal Communications Commission rules require wireless carriers to block unvetted mass text messages.
State laws do not differentiate between divorces involving a high-profile individual and those of ordinary citizens. However, ...
Entertainment & Sports
NCAA’s $2.75B settlement paves way for athlete compensation revolution
By Brian D. Anderson
The revenue-sharing model will likely phase out numerous NIL collectives, as athletic departments prefer to directly fund thei...
Consumer Law, California Supreme Court
Unless overturned, Rodriguez cramps the Stiles of used vehicle purchasers
By J. Brian Lynn, Scott A. Sanchez
The Supreme Court of California should reverse a recent decision that excludes from the Song-Beverly Act used vehicles purchas...
U.S. Supreme Court, Administrative/Regulatory
Supreme Court ruling against ATF's bump stock ban leaves it up to Congress
By Stephen M. Duvernay
In Garland v. Cargill, the Supreme Court struck down the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ interpre...
Insurance
Examining rideshare drivers’ employment and insurance challenges
By Reza Torkzadeh, Allen P. Wilkinson
The status of ride-sharing drivers as independent contractors or employees has been a matter of contention, and insurance cove...
The SEC adopted a rule in 2023 that required private fund managers to disclose certain information and documents to prevent fr...
Insurance, California Supreme Court
Insurance breakthrough: How California's high court redefined liability coverage
By Kirk A. Pasich
The decision benefits insureds by giving them flexibility to choose how best to use their insurance assets. It also enables in...
Contracts
Leveling the playing field of the attorney fee contract provision
By Steven Otto
A Closer Look at California Civil Code §1717A: The code ensures that any contract provision that awards attorney’s fees to one...
Health Care & Hospital Law, Administrative/Regulatory
DOJ hits record high as healthcare fraud crackdown intensifies
By Adam L. Braverman
The Department of Justice (DOJ) has seen record highs in False Claims Act enforcement in 2023, with a focus on healthcare frau...
The U.S. Supreme Court ruled that a bump stock modification of a semi-automatic rifle did not convert it to an illegal machine...
Government
Before SB 2, California lacked a process for decertifying peace officers, allowing misconduct to go unchecked
By Melanie L. Chaney, Paul D. Knothe
California’s Senate Bill 2 has led to the end of law enforcement careers for approximately 150 officers, either through mandat...
U.S. Supreme Court
US Supreme Court rejects challenge to mifepristone
By Philip M. Howe
The Supreme Court unanimously decided that the Alliance for Hippocratic Medicine and other parties did not have standing to ch...