The First Step Act was a very promising piece of legislation for criminal justice reform when it was signed into law by Presid...
State Bar & Bar Associations, Legal Education
Transparency needed in California bar exam results
By Mitchel L. Winick
Several recent articles in the Daily Journal have reported serious problems with the State Bar of California’s statistical rep...
California Supreme Court, Constitutional Law
The last decade in the United States Supreme Court
By Erwin Chemerinsky
Everyone seems to be making lists about what occurred in the last decade, so what about the Supreme Court over the last 10 yea...
Labor/Employment, Civil Litigation
California's 'request arbitration, go to jail' law remains on hold
By Anthony J. Oncidi
Late last year, the California Legislature enacted and Gov. Gavin Newsom signed into law an anti-arbitration statute that masq...
Ever the opportunist, candidate George Gascón is continuing his disinformation campaign with the hope of winning over progress...
Law Practice
Attorney triggers appellate court to clarify Section 128.5 sanctions
By Jeffrey P. Blum
As litigators we are aware of the vagaries and unforeseeable pitfalls involved in taking a case to court. Knowing the unpredic...
As a teacher, I am asked by students at the beginning of the semester whether I recommend that they memorize the rules.
Corporate, Government, Securities
What does the SEC have in store for 2020?
By Nicolas Morgan, Thomas A. Zaccaro
A number of factors — such as market trends, SEC initiatives, rule changes, and significant court cases — can push the SEC’s E...
9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court
The 9th Circuit’s non-functional approach to the ministerial exception
By Josh McDaniel, Jacob M. McIntosh
The Supreme Court should reject the 9th Circuit’s approach and ensure that religious liberty is equally available to all faiths.
Government, Tax
Legal developments from 2019 affecting the nonprofit sector
By Erin Bradrick
What a year! As we close out 2019 and usher in 2020, here’s an overview of some of the key occurrences and legal developments ...
For privacy lawyers old enough to remember, December 2019 felt oddly reminiscent of December 1999. There was a lingering sense...
9th U.S. Circuit Court of Appeals, Labor/Employment, Civil Litigation
Public sector unions not liable for repayment of agency fees
By Kevin J. Chicas, Adrianna Guzman
The 9th Circuit recently affirmed the dismissal of a lawsuit that public employees filed against the exclusive representative ...
Civil Litigation
Fraud claims against Diet Dr. Pepper dismissed under reasonable consumer test
By Pooja S. Nair
The 9th Circuit recently affirmed the dismissal of consumer fraud claims alleging that the use of the word “diet” in Diet Dr. ...
Bankruptcy, Corporate
Bankruptcy court rejects material adverse effect claim
By David S. Kupetz
A recent case demonstrates that a buyer faces a heavy burden and must make a strong showing to invoke a material adverse effec...
Labor/Employment, Civil Litigation
Year-end NLRB cases for the general California employment attorney
By Harry I. Johnson III
As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...
Administrative/Regulatory, Banking
The legal landscape of banking marijuana businesses (Part II)
By Fredrick S. Levin, Daniel P. Stipano
Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispens...
Ethics/Professional Responsibility, Law Practice
Lawyers as defendants in 2019
By Kenneth C. Feldman, Alex A. Graft
In 2019, the Court of Appeal (but not Supreme Court) predictably addressed many of the same general issues which come before i...
Ethics/Professional Responsibility, Law Practice
Litigation finance in today’s legal industry
By Shari L. Klevens, Alanna G. Clair
While the use of litigation finance is now well-established in the legal industry, it still garners significant attention amon...
Ethics/Professional Responsibility
Legal ethics: No limit to lawyers’ professional responsibility
By A. Marco Turk
As we transition from 2019 to 2020, we need to consider issues such as what obligation does a lawyer have when a judge or publ...
Ethics/Professional Responsibility
Teaching professional responsibility isn’t easy
By Frank H. Wu
Teaching the required course in professional responsibility, an anodyne title for legal ethics, I always face the same issue a...
Environmental & Energy, U.S. Supreme Court
Drowning in confusion: What are ‘waters of the United States’?
By Marc R. Bruner
It sounds so simple. The Clean Water Act applies to “waters of the United States.” But a clear and consistent definition of th...
Constitutional Law, U.S. Supreme Court
Property rights at US high court in 2019
By Larry Salzman
One leap forward and two missed steps
In 2019, California courts issued a number of interesting decisions on insurance issues. Three stand out.
Health Care & Hospital Law, Tax, U.S. Supreme Court
US Supreme Court to once again review Obamacare
By John H. Minan
The U.S. Supreme Court is once again being asked to determine the fate of the Patient Protection and Affordable Care Act.
“Flavor of the Month” is a misnomer, particularly for PFAS; between a hit movie (Dark Waters) and the interest of class action...
Judges and Judiciary, Law Practice
Conservatees are legally entitled to better therapy options
By Thomas F. Coleman
More than 43,000 adults with intellectual and developmental disabilities are living under the protection of California courts....
Government
AB 602 and AB 730: Curbing "deepfakes" in pornography and elections
By Douglas E. Mirell, Joshua Geller
Two new laws restricting the creation and distribution of so-called “deepfake” videos – Assembly Bills 602 and 730 – will beco...
A long and complicated bill that makes key changes to the Planning and Zoning Law to remove obstacles to the processing and ap...
Government
SB 359: Lowers referendum barriers: More time and streamlined process for referendum proponents
By Morgan Gallagher
Bill is part of effort to increase civic engagement
Labor/Employment
SB 41: Lost earnings damages can’t be reduced based on race, ethnicity or gender
By Bryan Lazarski
Senate Bill 41 adds Section 3361 to the Civil Code stating, "Estimations, measures, or calculations of past, present, or futur...