Labor/Employment
‘Can’t we just be like California?’ Another solution in search of a problem
By Dawn Mertineit, Robert B. Milligan
While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department...
Many of my white friends have called to express their disgust at what they are seeing and to see how I am doing. Often the con...
Labor/Employment
COVID-19 remote workforce: document collections (part 2)
By Jason H. Tokoro, Ryan Mackey
The COVID-19 pandemic and resulting stay-at-home orders swept through the United States in a matter of days, and resulted in e...
California Courts of Appeal, Civil Litigation, Government
Cities take note: Development agreements are to protect developers
By Kenneth B. Bley
A recent opinion should serve as a warning to cities and counties that development agreements are meant to provide protection ...
California Courts of Appeal, Civil Litigation, Labor/Employment
Appellate ruling addresses legality of unlimited vacation policies
By Roland M. Juarez, Katherine P. Sandberg
In the first published appellate court decision on the issue, the California Court of Appeal laid out a path for enforceable u...
9th U.S. Circuit Court of Appeals, Environmental & Energy
Rulings in climate cases swung momentum to plaintiffs’ side
By Richard M. Frank
The 9th U.S. Circuit Court of Appeals recently handed California local governments a major victory in what is likely the most ...
Labor/Employment
Reopening risks for California employers – how to avoid a post-COVID legal infection
By Todd R. Wulffson
Although it certainly should not be the primary consideration, minimizing risk from potential lawsuits needs to be an importan...
Civil Litigation, Law Practice
Federal court: Expert’s testimony doomed by misuse of data
By Jonathan S. Tam, Mary H. Kim
A recent decision from the U.S. District Court for the Northern District of California serves as a helpful reminder of the imp...
Probate
A powers of appointment statute in need of repeal
By Jeffrey A. Dennis-Strathmeyer
A recent Court of Appeal decision demonstrates once again that an unusual statute prohibiting judicial reformations of power o...
Law Practice
How new lawyers can survive and thrive in the uncharted era of COVID-19
By Nidya Gutierrez
There is no question that the first year of practicing law is meant to be challenging, but nothing could have warned the class...
Ethics/Professional Responsibility
The pandemic’s impact on attorneys’ mental health
By Shari L. Klevens, Alanna G. Clair
The COVID-19 global pandemic is something of a perfect storm for those with a history of mental health and substance abuse pro...
Twenty-eight years ago, I was a new attorney practicing criminal defense law. I took court appointed cases. In the wake of the...
Judges and Judiciary, Military Law
How the military handle another viral disease, HIV
By Eileen C. Moore
The Pentagon has already issued COVID-19 guidance, and then reversed itself. Before further COVID-19 policies are formulated, ...
Alternative Dispute Resolution
How drawing informs the art of mediation
By Jan Frankel Schau
In creating a drawing, the artist needs to consider whether she wants it to be obscure and abstract or crisp, marked by fine, ...
Data Privacy
Data identification and preservation in a COVID-19 world
By Jason H. Tokoro, Ryan Mackey
This is the first in a two-part series of articles addressing how today’s work-from-home world has changed how data is created...
Labor/Employment, Tax
House bill would extend Paycheck Protection Program to cover 24 weeks
By Robert W. Wood
The House has passed a bill to expand Payment Protection Program, or PPP, loans in key ways. The Senate has its own version un...
We are all engaged in a great struggle. Pandemic or not, this is the nature of our journey. Throughout our negotiations, we se...
Government, Intellectual Property
Platform immunity without the Communications Decency Act
By John Major
Politicians from both political parties have floated various proposals for limiting or eliminating CDA immunity. If those effo...
California Assembly Bill 2501 would provide needed relief to consumers with mortgage and automobile debt. AB 2501 would halt a...
We have a choice. To stay silent. To yell. To destroy. To blame. To not see. To not hear. Or — like Gandhi, King, Mandela, Ken...
Corporate, Government, Securities
ESG disclosure issues during—and after—the COVID-19 pandemic
By Peter I. Altman, Stacey H. Mitchell
So-called “environmental, social and governance,” or ESG, disclosures may soon become a topic for an increasing number of comp...
Constitutional Law, U.S. Supreme Court
US Supreme Court denies church’s challenge to Gov Newsom’s stay at home order
By Scott J. Street
The COVID-19 pandemic finally reached the U.S. Supreme Court last week. Unfortunately, it got there with a case, South Bay Uni...
Environmental & Energy
California should designate the western Joshua tree for protection
By Douglas P. Carstens, Michelle Black
This month, the California Fish and Game Commission will be evaluating whether to advance a petition to list the western Joshu...
Labor/Employment, U.S. Supreme Court
‘No harm, no foul, no standing’ in breach of duty ERISA claims
By Michelle L. Roberts
On Monday, in a 5-4 decision issued, the Supreme Court made it a whole lot more difficult for retirement plan participants to ...
Civil Litigation, Labor/Employment
How employers can prepare for expected waves of coronavirus-related litigation
By Bonnie A. Glatzer, Hillary Baca
During the pandemic, California has experienced a perfect storm that might unleash waves of employment litigation.
California Courts of Appeal, Construction
Beware the difference between design, performance specifications
By Garret D. Murai
Construction specifications generally come in two flavors: “design” specifications and “performance” specifications. Design sp...
Constitutional Law, Criminal, U.S. Supreme Court
When qualified immunity offends common sense
By John H. Minan
Although the qualified immunity doctrine properly protects government officials for innocent mistakes, the doctrine is easily ...
Intellectual Property
Intellectual property protection for California cannabis businesses
By Dariush Adli
Intellectual property and the exclusivity it provides its owners is a valuable tool for cannabis businesses, allowing them to...
Little is known about the process by which pre-IPO companies select independent, outside board members — directors unaffiliate...
Entertainment & Sports, Intellectual Property
The past through tomorrow: How would proposed amendments to DMCA change the online economy?
By Mark S. Lee
A recent report by the Copyright Office includes a series of recommendations on how to reallocate rights and risks in ways som...