California Courts of Appeal, Civil Litigation, Labor/Employment
Ruling extends ‘home base’ rule to apply Labor Code to oil rigs
By David E. Mastagni, Taylor Davies-Mahaffey
An appellate court held that California labor laws applied to crew members on a boat that docked at a California port and prov...
Appellate Practice, Law Practice
Amicus participation in appellate litigation: a guide
By Johanna S. Schiavoni
Since the goal is to present your case in a complete and helpful way, and ultimately to persuade the appellate court to agree ...
Constitutional Law, U.S. Supreme Court
High court continues much-needed unity in religion case
By James A. Sonne
A recent U.S. Supreme Court decision continues an important yet overlooked trend at the court since the early 1990s: broad agr...
Antitrust & Trade Reg., Civil Litigation, Entertainment & Sports
Sports world facing antitrust scrutiny along with tech giants
By Garrett R. Broshuis
Antitrust law is back in the spotlight.
Civil Litigation, Covid Columns
When tuna rolls and $32 ribs are essential items
By Scott Pressman, Allison M. Scott
Essentials during an emergency: Gasoline? Check. Groceries? Check. Medicine? Check. $32 restaurant prepared barbecue ribs? …Ch...
A case for making it easier to amend the United States Constitution
By Roy UIrich
Article V should be amended by reducing the state ratification threshold from three-fourths to two-thirds. This would make the...
Criminal, Letters
Column misinterpreted Los Angeles DA Gascón’s policy directive on bail
By Ana Maria Lopez
Jeffrey Clayton’s Dec. 22 column, “Gascón lacks authority to end cash bail,” grossly misinterpreted District Attorney George G...
Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation
Qui tam actions can avoid arbitration in California
By Marc D. Alexander
A recent appellate opinion held that a qui tam action involving the California Insurance Fraud Protection Act to combat insura...
Alternative Dispute Resolution, Civil Litigation, Law Practice
Discovery referees: A useful tool
By Michael S. Fields
For or complex discovery issues, reference to a discovery referee can help expedite the trial process.
Administrative/Regulatory
Coastal Commission tries to claim authority over building permits
By Jeremy B. Talcott
Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...
Law Practice
Law firms should recognize their ‘Rudolphs’
By Nathan M. Davis, Juanita Fernandez
Take time to recognize and honor the different identities on your team
Administrative/Regulatory, Antitrust & Trade Reg., Corporate
Divided. Will conquer? Google faces 3 distinct challenges to its conduct
By Patrick E. O’Shaughnessy
Time will tell whether the divided approach in the Google antitrust cases will work.
Alternative Dispute Resolution, California Courts of Appeal, Ethics/Professional Responsibility, Law Practice
Attorney sanctioned for frivolous attack on arbitration award
By Michael H. Leb
The gist: “The Court of Appeal is not an appropriate forum to peddle far-fetched conspiracy theories, laced with sexism and ho...
Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation, Law Practice
Ruling emphasizes need to clarify who decides arbitrability questions
By Robert S. Amador
A recent case emphasizes the importance of proper drafting of arbitration clauses in order to ensure the likelihood an arbitra...
California Courts of Appeal, Civil Litigation, Construction
Manufacturers aren’t insulated from liability just because products are installed in a new home
By Mark S. Roth
A recent appellate ruling clarifies that product manufacturers can escape liability simply because their defective products ar...
Workers’ compensation presumption for COVID-19: a review
By Arash Homampour
In the early days of the coronavirus pandemic, California took swift action to protect workers and the public.
Covid Columns, Government, Real Estate/Development
Moratorium on unlawful detainer actions: a time line
By Ebony A. Koger
Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...
Criminal
The criminal justice pendulum is headed in the right direction, but prosecutors should proceed with caution
By Eugene M. Hyman
County prosecutors are embracing the obsoletion of misdemeanors as a remedy for an overburdened criminal justice system, relyi...
Constitutional Law, Government
A closer look at the constitutional limits of the president’s pardon power
By John H. Minan
The U.S. Constitution, Article II, Section 2, gives the president the power “to grant Reprieves and Pardons for offenses again...
Law Practice, Technology
Using AI to make a smartish digital twin of the Constitution
By Lance Eliot
Heated debate continues relentlessly regarding the U.S. Constitution and the meaning of this venerated document. One innovativ...
Government, Judges and Judiciary
One cheer for the courts that held the line in 2020
By Robert L. Bastian Jr.
A Trump-appointed jurist said it most resonantly. Rejecting one of the 60 or so Republican lawsuits challenging the 2020 presi...
Antitrust & Trade Reg., Corporate, Government
The cases against Facebook
By David W. Kesselman, Amy T. Brantly
The recent antitrust cases against the social media giant signal new approach to antitrust enforcement
Administrative/Regulatory, Constitutional Law, Government, U.S. Supreme Court
What's the right remedy for a constitutional structural wrong?
By Anne Voigts, Michael D. Roth
The U.S. Supreme Court left open one key question in its recent Seila Law decision: whether past actions taken by the CFPB und...
Intellectual Property, Law Practice
Can businesses use third-party trademarks on their websites?
By Josh Eichenstein
As the internet ever-increasingly becomes the default medium for advertising and commerce, businesses are pushing the boundari...
Labor/Employment
Employers: Navigating changes to the California Family Rights Act
By Wendy M. Lazerson, Galit A. Knotz
Important but little noticed changes to the California Family Rights Act become effective Jan. 1, and employers must be up to ...
Appellate Practice, Law Practice
Appellate Adventures, Chapter 15: "How Do I Write the Introduction and Summary of Argument?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.
This article compares Title IX investigations in recent cases at both universities and discuss the lessons learned.
Real Estate/Development, Tax
Year-end planning for opportunity zone investors
By Phil Jelsma
With the end of the year nearing, investors must quickly yet carefully consider last minute tax planning strategies.
Administrative/Regulatory, Government, Securities
The SEC’s successful enforcement year
By Nicolas Morgan, Thomas A. Zaccaro
In 2020, the Securities and Exchange Commission’s Enforcement Division achieved what Director Stephanie Avakian described as “...