Courts must fulfill statutory duties while safeguarding the well-being of the public they serve. Some courts in California are...
Administrative/Regulatory, Data Privacy, Government, International Law
The rise and fall of the EU-US Privacy Shield
By Heather A. Antoine, Mallory Petroli
On July 16, the Court of Justice of the European Union announced its much awaited decision in the Schrems II case. The court d...
Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations
Distinguishing between discrimination and advocacy
By David M. Majchrzak, Heather L. Rosing
The ABA recently issued an ethics opinion to clarify the line between legitimate advocacy and conduct that would violate Model...
Alternative Dispute Resolution, Civil Litigation, Labor/Employment
#BlackLivesMatter and conflict resolution
By Angela Reddock-Wright
A trauma-informed approach to mediating claims of race discrimination.
Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations
A puff of smoke at the settlement conference?
By Louie H. Castoria
There’s a fine line separating legal “puffery” from outright lying.
Legal Education, State Bar & Bar Associations
We should applaud the changes to the California bar
By Kevin R. Johnson
In less than ideal circumstances with a global pandemic in the background, the California Supreme Court and State Bar worked d...
California Courts of Appeal, Family
Ruling weighs in on determining gross income available for child support
By Franklin R. Garfield
The 5th District Court of Appeal recently clarified two principles of California family law.
Civil Rights, Government
CUR elevates some fundamental rights over others
By Stephen F. Rohde
Secretary of State Mike Pompeo’s recently created Commission on Unalienable Rights released its first draft report last week.
Law Practice, Legal Education
An interview with UC Hastings Professor Naomi Roht-Arriaza
By Mallika Kaur, Naomi Roht-Arriaza
A conversation with international human rights expert and UC Hastings Professor, on writing about traumatic events to trauma-c...
Corporate, Mergers & Acquisitions
COVID M&A: pre-closing considerations for MAE definitions and interim operating covenants
By Jason T. Taketa, Veronica N. Lah
In this article, we examine how post-COVID-19 M&A deals have actually addressed these issues, by reviewing a sampling of p...
Civil Litigation, U.S. Supreme Court
Latest decision to keep anti-SLAPP out of federal court may spark high court review
By Derek F. Foran, Michael E. Komorowski
A ruling by the 2nd Circuit is the latest, and perhaps the most high-profile, federal appellate decision to hold that a state ...
Criminal
Time has come for DA offices to create Police Crimes Units
By Aram B. James, Richard G. Konda
Absent a complete defunding or abolition of police departments, we must have concrete and measurable ways to hold police accou...
Administrative/Regulatory, Labor/Employment
Cannabis business and law developments In the COVID-19 crisis
By Jonathan Landis
Every aspect of life, business and law has been impacted by the current and unprecedented COVID-19 pandemic. The cannabis indu...
California Supreme Court, Civil Litigation, Land Use
After inverse condemnation ruling,we’re still not quite done
By Andrew W. Schwartz
While a final resolution of the issue in a recent California Supreme Court ruling is long overdue and the court’s recent decis...
Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation, Labor/Employment
Arbitrator can’t order third parties to produce documents prior to hearing
By Michael H. Leb
The 6th District Court of Appeal recently held that the arbitrator did not have the authority to issue subpoenas for the pre-h...
Despite the glitches, technology advances in government, the courts and the law are a positive development and likely here to ...
Constitutional Law, Government
Court of Appeal decision may lead to increased California Voting Rights Act litigation
By Derek P. Cole
The California Voting Rights Act is a consequential statute that, until recently, received little attention from California co...
Constitutional Law, Law Practice
A primer on amicus briefs as a tool to protect individual liberty
By Deborah J. La Fetra
As a public interest legal organization, Pacific Legal Foundation litigates in multiple ways: Primarily, we initiate, defend a...
Labor/Employment
Senate begins drafting bill containing liability shield for businesses
By Bryan L. Hawkins
The past few months have seen a historic surge in both state and federal legislation aimed at lessening the detrimental effect...
Civil Litigation, Insurance
French restaurant wins business interruption claim; ruling sparks settlements
By William M. Shernoff
Despite the concerted efforts to pressure the insurance industry for business interruption payments, none have been successful...
Those not knowledgeable in the art of jury selection see little harm in masking jurors and lawyers. But for those of us who sp...
Corporate
Raising capital in uncertain times: investment options for high growth tech companies
By James Baillieu, Mark Rundall
For high growth tech companies, corporate venture capital can be an attractive investment option. Not only can corporates prov...
J.R.R. Tolkien is a master storyteller, and he sets up the moment when the Balrog’s whip ensnares Gandalf as poignantly tragic...
One possible way to circumvent the current trial delay situation is for a party to pursue bifurcation via a request for a sepa...
Probate
Protecting trustees from blame (and liability) after the COVID-19 crisis
By Michael S. Brophy, Craig S. Weinstein
As fiduciaries, trustees are typically guided by the responsibilities and obligations imposed on them under the law and/or pur...
Let’s be real about robo-lawyer lingo and right size those AI LegalTech catchphrases
By Lance Eliot
Care needs to be exercised in making use of misleading wording about AI in the legal profession. Infamously, the terms “robo-l...
Civil Rights, Law Practice
What John Lewis taught me about the limits of my power as a lawyer
By Nilay U. Vora
Last week, Rep. John Lewis — the legendary civil rights leader and congressman — lost his battle with cancer at the age of 80....
Legal Education, State Bar & Bar Associations
Supreme Court passes the test on bar exam changes
By Mitchel L. Winick
Embedded in the court’s decision and reasoning to modify the bar exam were changes that will fundamentally change who will be ...
Constitutional Law, Immigration, U.S. Supreme Court
Supreme court quietly eliminates critical constitutional protections
By Joshua S. Lipshutz, Warren Loegering
The U.S. Constitution states, in no uncertain terms, that all “persons” within the United States are entitled to due process o...
Law Practice, Legal Education, Letters, State Bar & Bar Associations
Neither the passing bar, nor receiving a diploma, guarantee good lawyering
By Steven E. Briggs
In her July 8 guest column, “A plea to the California Supreme Court for diploma privilege,” Dean Anna M. Han of Santa Clara La...