Letters
Clemency is not a blanket power that the governor can use to impose his personal views
By Ron Matthias
Clemency is a means to ameliorate or avoid particular criminal judgments in special cases. The statutory application procedure...
Antitrust & Trade Reg.
California revives criminal enforcement of the Cartwright Act
By Bonnie Lau, Eliot A. Adelson
Companies doing business in California should consider the Cartwright Act when developing or updating their antitrust programs...
Labor/Employment, California Courts of Appeal
California Court of Appeal refuses to cut large award of attorney’s fees and costs despite low damage recovery
By John-Paul S. Deol
Employers will need to be more cautious and pragmatic in resolving labor disputes, as they may face significant fee awards eve...
Studies have shown that tough-on-crime laws do not reduce crime rates, but rather increase the number of people in prison, esp...
Securities
Disclosure committees: A key component of good disclosure
By Sara L. Terheggen
The SEC requires public companies to maintain disclosure controls and procedures, and it can sanction companies and officers w...
Tax
The surprisingly important ‘yes or no’ question about crypto on your tax return
By Robert W. Wood
Answering yes or no to the IRS question can have significant consequences, as a false or misleading answer could expose the ta...
Constitutional Law
The two-prong test to distinguish official versus private speech in the social media context
By Blaine H. Evanson, Min soo Kim
The Supreme Court in Lindke v. Freed ruled that a public official's social media activity constitutes state action only...
Consumer Law
Is it time to re-think the consumer expectation test in liability defect cases?
By James J. Yukevich, Cristina Ciminelli
Manufacturers, especially vehicle manufacturers, should be able to present any evidence that shows there was no defect in the ...
Top institutions have notoriously low admission rates, particularly for women and people of color, highlighting the importance...
State Bar & Bar Associations
The Pacific Northwest has embraced making the bar exam optional
By Robert Weinstock
Several states, including California, have been considering alternative pathways to lawyer licensure. Washington and Oregon ha...
California has enacted several statutes that provide greater double jeopardy protection than the constitutional clauses, and b...
Ethics/Professional Responsibility
Legal ethics lessons learned from COPRAC opinions
By Joanna L. Storey Mishler
The Committee on Professional Responsibility and Conduct has published several ethics opinions and helps lawyers navigate risk...
Data Privacy
Cybersecurity threats caused by insiders are costing companies millions
By Anita Taff-Rice
Malicious and negligent employees and contractors account for one-third of data breaches.
Torts/Personal Injury
Parental liability for minor child’s torts
By Reza Torkzadeh, Allen P. Wilkinson
Parents can be held liable for up to $25,000 for the injuries, death, or damage caused by their child’s willful misconduct.
Labor/Employment
PAGA claims: Still room for uncertainty
By Jonathan Andrews, Monique Ngo-Bonnici
There is a lack of clarity regarding the preclusive effect of an arbitrator’s decision in the individual PAGA action and wheth...
Environmental & Energy
Clearing the air on criminal enforcement of hydrofluorocarbon importation laws
By Davina Pujari, Christopher Rheinheimer
Michael Hart is the first person to be charged with illegally importing HCFC-22, a hydrochlorofluorocarbon that depletes the o...
Constitutional Law
Commute them all, revisited
By David A. Carrillo, Brandon V. Stracener
The California Supreme Court has only a limited and procedural review of the governor’s clemency power, and it should concur w...
Parties need to educate themselves about the penalties and procedures under PAGA, the difference between statutory and civil p...
A gripping and authentic non-fiction book sheds light on ‘the Troubles’ in Northern Ireland
By Mark W. Hansen
‘Above the Ground’ by Dan Lawton is a gripping non-fiction book that educates readers about the conflict in Northern Ireland d...
ByteDance, the owner of TikTok, has to decide whether to sell the company, risk a government ban, or go public in the face of ...
Technology
TikTok deserves the same treatment as its US-based competitors
By Xinying Huang
Banning TikTok would erode users’ confidence in the government, tarnish America’s reputation for freedom of expression, and tr...
Constitutional Law
The decision may have been unanimous, but many issues went unaddressed
By Philip M. Howe
The decision leaves open many questions about the meaning and implementation of Section 3, especially the criteria of “congrue...
Torts/Personal Injury, Technology
AI self-driving cars present a host of new legal issues
By Mark A. Neubauer
The approval of Google’s WAYMO self-driving taxis in Southern California raises legal issues involving safety, liability, and ...
Torts/Personal Injury
Understanding accidental shootings and their causes
By Michael C. MacNeil
Unintentional shootings are profound tragedies that leave an indelible impact on many lives, and can result from improper stor...
U.S. Supreme Court, Labor/Employment, Constitutional Law
LePage Bakery case: Supreme Court hears argument on FAA Transportation Exemption
By Rex Darrell Berry
The Supreme Court justices asked questions about the historical reasons for the FAA’s exemption, the relevance of the exemptio...
Technology, Government
California continues wave of artificial intelligence legislation
By Kevin J. White, Jesse Borja
AB 2930 aims to prevent algorithmic discrimination by imposing various requirements on developers and users of AI systems that...
Family
The collaborative divorce: moving toward positive outcomes and positioning opportunities
By Stacy D. Phillips
Larry H. Parker passed away earlier this month, leaving behind a legacy of fighting for the rights of the injured. He was reme...
Letters
Los Angeles should be ashamed on National Public Defender Day
By Garrett Miller
Los Angeles County is failing to provide adequate legal defense for the accused due to high caseloads and staff shortages.
Torts/Personal Injury, Ethics/Professional Responsibility
Confidentiality and common carriers – the Boeing fiasco
By Carol M. Langford
The confidentiality rule for lawyers, which allows but does not require disclosure of information to prevent death or substant...
