U.S. Supreme Court, Constitutional Law, Civil Rights
Voting rights decision restores protection for minority voters and Supreme Court bipartisanship
By James J. Brosnahan
The majority that supported this opinion could not have found a better case to establish that they are not just a political co...
U.S. Supreme Court, Constitutional Law
Sentiments to protect access to firearms may finally be changing
By A. Marco Turk
The U.S. Supreme Court has acknowledged that the government may regulate “assault weapons and large-capacity magazines.” At le...
This week, it appears the #MeToo reckoning has reached the legal community; something that lawyers should all welcome a...
U.S. Supreme Court, Intellectual Property
Warhol decision strengthens and expands copyright protection
By Dariush Adli
A subtle but key aspect of the high Court’s fair-use analysis concerned the reference point from which any alleged transformat...
Ethics/Professional Responsibility
Tips for law firms to protect communications with in-house counsel
By Alanna G. Clair, Shari L. Klevens
If an attorney is concerned about a specific risk with regard to a client matter but fails to apprise in-house counsel or seek...
Labor/Employment, Government
Whistleblowing awards are on the rise, but payouts vary depending on the program or statute utilized
By Robin G. Workman
Although lacking the incentives of the federal whistleblower statutes, or the California False Claims Act, California Labor Co...
Government, Cannabis
SB 302 expands the Compassionate Use Act
By Christina Weed, Diana Lopez
Torts/Personal Injury, Government
Supreme Court remands Palos Verdes bicycle accident case back to trial court, to address failure to warn claim
By Garret D. Murai
The California Supreme Court explained that while Government Code section 830.6 immunizes a public entity for creating a dange...
Alternative Dispute Resolution
The scope of arbitration clauses
By Gary A. Watt, Patrick Burns
In a recent Ninth Circuit opinion applying California's arbitration law, the question of scope took center stage
Torts/Personal Injury
School injuries result from inadequate teacher supervision
By Michael E. Rubinstein
Lack of supervision, or ineffective supervision, may constitute a lack of ordinary care on the part of those responsible for ...
U.S. Supreme Court, Labor/Employment
Workers facing discipline for destroyed concrete due to union strike may still be protected
By Richard G. McCracken
One might think that the NLRB must defer to what the U.S. Supreme Court has already ruled, but it need not and probably won’t....
Law Practice, Ethics/Professional Responsibility
Establishing protocols for videoconference depositions
By Scott E. Boyer
As several recent cases illustrate, the remote nature of videoconference depositions has also lent itself to deposition abuses...
Given the Supreme Court’s propensity for making up new “taking” situations, I propose the following: for those individuals who...
Law Practice, Appellate Practice
It’s 5 p.m.! Do you know where your brief is?
By Benjamin G. Shatz, Tal P. Edelstein
When notice of a proposed rule change regarding filing deadlines was issued, the Third Circuit invited comments – and comments...
In this 283-page book by Tania Branigan about the afterlives of China’s cultural revolution, if the book had a thesis, it wou...
U.S. Supreme Court, Torts/Personal Injury
Fear and trembling with apologies to Kierkegaard
By Arthur Gilbert
Even if the results AI achieves are helpful, its use may foster the atrophy of the human creative brain. If this happens, our ...
“Berkeley” denoted Bishop George Berkeley, a prominent Irish philosopher. I had only a passing acquaintance with 18th century ...
Cultural interest in marriage was created before the California solemnization of marriage. In some far horizons, many moons be...
Ediscovery, California Supreme Court
California Supreme Court Review: May 2023
By Andrew S. Ong, Yoona Lee
If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the gro...
Torts/Personal Injury, Insurance
Extrinsic evidence may be used to defeat application of insurance policy exclusion
By Peter S. Selvin
Insurance company wrongfully conflates duty to defend with insured’s potential liability in third party action. On appeal, the...
Government, Environmental & Energy
Legislature finds governor's modest CEQA reforms too complex for a vote this year
By Sam Bacal-Graves, Megan V. Unger
Ironically, the governor's proposal to streamline and simplify CEQA may be delayed until next year due to its complexity.
Within each patrol station, there are station tattoos that are unique to the unit of assignment. Apparently, the only two grou...
Civil Procedure, Alternative Dispute Resolution
Cryptocurrency sector arbitration provisions create jurisdictional uncertainties when applied to consumer claims
By Ibrahim Ati, Shawn Shaffie
Legal professionals practicing in the cryptocurrency sector must keep jurisdictional challenges in mind, particularly when dea...
Land Use, Government
Hurdles remain for Colorado River agreement
By Meredith E. Nikkel, Samuel Edward Bivins
Lower Division States’ agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in...
Government, Constitutional Law
Deputy sheriffs rolling up their sleeves: a win for workers
By Will Hanley
The requirement that employers bargain before implementing new terms and conditions of employment is sacrosanct and should be ...
Veteran’s failed suicide led to monumental changes in California’s prisons for incarcerated veterans.
Law Practice
Just because they think differently from you doesn’t make them wrong
By Mark B. Baer
If someone is unable or unwilling to even receive certain information or limits the sources from which they are willing to rec...
U.S. Supreme Court, Government
High court finds dual-status contractors subject to labor relations protections
By Jonathan Andrews
In a strongly worded dissent, Justice Samuel Alito, joined by Justice Neil Gorsuch, asserts that because the petitioners are n...
Labor/Employment
The uniqueness and satisfaction of practicing employment law
By John S. Adler
No wonder employment attorneys are among the most fortunate in our profession. We are smart, bold, personable, creative, savvy...
Alternative Dispute Resolution, Administrative/Regulatory
Tips to streamline settlement of CEQA lawsuits
By Gideon Kracov
The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore ...