Labor/Employment, Real Estate/Development
The $7 million reason to pay attention to the Fair Employment and Housing Act
By Matthew J. Matern, Vanessa Rodriguez
The California Fair Employment and Housing Act aims to provide the greatest protection for individuals with disabilities, and ...
Criminal
Trump’s mishandling of classified documents case mired in pretrial motions
By John H. Minan
The case is stalled due to unresolved pretrial motions, which are aimed at delaying the trial until after the 2024 election an...
Criminal, Judges and Judiciary, Probate
Care Court: Where it fails and where it sails
By Megan A. Moghtaderi
CARE Court is a legal process that aims to help individuals with schizophrenia spectrum and other psychotic disorders, but it ...
Litigation & Arbitration
California: friend or foe of arbitration?
By Marc D. Alexander
In a recent California appellate decision, the majority opinion claimed to support the objectives of arbitration, while the mi...
Appellate Practice, Civil Procedure
SB 365's departure from the Bielski rule for FAA cases may lead to further litigation
By Patrick Burns, Gary A. Watt
SB 365 could lead to more litigation over FAA preemption, trial court discretion, and the efficiency and fairness of proceedin...
Constitutional Law
Free speech isn’t absolute, and can even take a hard left
By Philip M. Howe
The court stated that free speech is not without restrictions and that speech integral to criminal conduct or fraud is exclude...
Intellectual Property
Significance of ‘objective criteria’ in determination of patent validity
By Dariush Adli
The Federal Circuit’s decisions signal its determination to emphasize the significance of objective criteria in obviousness an...
Civil Rights
Fearless has a face: Join us in standing with the Fearless Fund
By Phillip Kim, Chinwe Ohanele
The Fearless Foundation, a nonprofit that provides funding and resources for women of color entrepreneurs, is facing a lawsuit...
Constitutional Law, Labor/Employment
What would Clara Shortridge Foltz think?
By Phyllis W. Cheng
Article 1, section 8 should be revived and restored to its rightful place. It has been used to challenge sex discrimination in...
Intellectual Property
Recent threats to an important remedy for U.S. patent owners
By Sheila Swaroop
Companies facing exclusion orders are trying to challenge the International Trade Commission in court or through legislation, ...
Corporate
Supreme Court decisions and cyber-fraud focus drive record-setting FCA enforcement in 2023
By James L. Zelenay Jr., José E. Madrid
The False Claims Act (FCA) saw a record-breaking year in 2023, with 1,212 new cases initiated, a 26% increase over the previou...
Mediating the French-American business dispute: Culture, etiquette, and language will make or break the resolution.
With new privacy laws making it easier for consumers to opt out of targeted advertising, it has become challenging for online ...
Real Estate/Development
The fall of the Privette doctrine in landlord-tenant relationships
By Garret D. Murai
In Ramirez v. PK, the 1st District Court of Appeal ruled that the Privette doctrine is inapplicable in landlord-tenant ...
Government
Exploring how the candidates performed in the district attorney primary
By James R. Bozajian
The candidates’ vote shares varied significantly across the county, reflecting the demographic, economic, and political differ...
Redefining the dating relationship
By Scott J. Nord, Nicole You
What does it mean to be dating someone? What does it mean to be in a relationship with someone? And is there a difference?
Civil Rights
California moves to recognize intersectionality in discrimination claims
By Kate LaQuay
If Senate Bill 1137 is passed, California would become the first state in the nation to recognize intersectionality in discrim...
Labor/Employment
Nothing lasts forever, not even arbitration agreements
By John-Paul S. Deol
A recent decision sets a significant precedent that could reshape employment arbitration law in California and requires legal ...
Ethics/Professional Responsibility
Identifying and screening conflicted non-attorney staff
By Shari L. Klevens, Alanna G. Clair
Hiring due diligence and effective screening measures, such as segregation and restrictions on access to confidential informat...
Environmental & Energy
NPS must prove necessity and minimum impact for motorized equipment use in wilderness areas
By Matthew J. Matern, Hayley Davis
Conservation groups, led by Wilderness Watch, have sued the National Park Service to halt two projects that aim to regenerate ...
Litigation & Arbitration
There’s no crying in baseball or arbitrations
By Thomas A. Kearney
After losing in arbitration and assigning a client’s bad faith claim to the plaintiffs - who sued the insurer and obtained a l...
China’s foreign direct investment landscape is evolving and there is a potential for resilience and growth through proactive p...
The NCAA’s interim NIL rules are under legal scrutiny, and the association is unable to enforce its own policies.
A recent case in California highlights the potential for coverage under a Directors and Officers (D&O) policy for computer...
IRS Forms 1099 are important tax forms for lawyers and clients, as they report income and allow computer matching of Social Se...
Intellectual Property
Challenges in enforcing trade secret protection against Chinese companies
By JD Harriman
The Thousand Talent Program (TTP) is an initiative by the Chinese government to recruit foreign experts in fields that China c...
Ethics/Professional Responsibility
Navigating the intersection of professional ethics and religious observance
By Baruch C. Cohen
Rule 8.3 of the California Rules of Professional Conduct requires lawyers to report misconduct by other lawyers, but it may co...
Alternative Dispute Resolution, Government
The ADR ethics bill is a good start, but key issues remain unaddressed
By Halim Dhanidina
The bill raises concerns about the ethical dilemmas faced by mediators, particularly when they witness attorney misconduct. Pr...
Appellate Practice, Judges and Judiciary
Predicting appellate outcomes based on the panel
By Benjamin G. Shatz
Two recent studies examine how the personal and professional backgrounds of appellate judges affect their decisions on the sta...
Military Law
Broken Promises: Deported veterans struggle to access entitled benefits
By Eileen C. Moore
Deported veterans often cannot access the health care and disability benefits they are entitled to from the VA, either because...