Environmental & Energy
New mining standards aim to prevent future catastrophes
By Samuel L. Brown, Antonio Augusto Reis
The driver for these draft international standards is two recent catastrophic failures of tailings storage facilities in Brazi...
Government
Public safety officer records: What’s in the rearview mirror and what’s up ahead
By Ronald J. Scholar
It has been almost a year since Senate Bill 1421, California’s amendments to Penal Code Sections 832.7 and 832.8, went into ef...
Real Estate/Development, Tax
Time to look at tax deferrals: Section 1031 vs opportunity zones
By Phil Jelsma
Now’s the time to think hard about tax deferrals. Should investors use Internal Revenue Code Section 1031, which allows deferr...
Civil Rights, Civil Litigation, U.S. Supreme Court
‘But-for’ causation shouldn’t be required under right-to-contract statute
By Tamarah P. Prevost, Eric J. Buescher
The U.S. Supreme Court is weighing whether claims of race discrimination under 42 U.S.C. Section 1981 fail in the absence of b...
In October 2017, Gov. Jerry Brown signed into law Senate Bill 235, which amended Elections Code Section 13107 to call for the ...
We need stronger federal and state paid family leave laws. In the meantime, however, it is in the best interest of private sec...
Environmental & Energy, Government
California groundwater management milestone looms
By Rebecca Smith
As 2019 draws to a close, local agencies in 21 groundwater basins throughout the state are preparing to submit the first Groun...
Environmental & Energy, Civil Litigation
State high court wrong to not depublish CEQA case
By Arthur F. Coon
The California Supreme Court recently decided not to depublish a 2nd District opinion that misstates the law in a manner harmf...
Corporate
Legal challenges to minimum female director law: not a deluge, a drizzle
By Teresa L. Johnson, Amy V. Endicott
To paraphrase Mark Twain, reports of the wave of litigation that was expected to follow enactment of California’s Senate Bill ...
California Supreme Court, Labor/Employment
Dynamex echoes Supreme Court principles decided almost 50 years ago
By Kevin Ruf
Back in 1972, in the case Friends of Mammoth Lakes v. Mono County, the Supreme Court entered the fray over the scope of the Ca...
Constitutional Law, Government, U.S. Supreme Court
President Trump heads to the US Supreme Court, twice
By John H. Minan
The president is locked in two important legal battles on petition to the U.S. Supreme Court. Both cases involve the validity ...
9th U.S. Circuit Court of Appeals, Constitutional Law, Civil Litigation, U.S. Supreme Court
Knick interruptus?
By Michael M. Berger
Some years ago, singer/songwriter Jim Croce began a refrain thus: “You don’t tug on Superman’s cape, you don’t spit into the w...
9th U.S. Circuit Court of Appeals, Civil Rights, Entertainment & Sports, Intellectual Property
Is discovery needed to decide substantial similarity?
By Kenneth M. Trujillo-Jamison
On Monday, the 9th Circuit heard oral arguments on the issue.
A veteran’s access to a lawyer can mean the difference between living under a roof or under a bridge
California Courts of Appeal, Family
Conflicting cases on siblings and bypass
By Frank J. Menetrez
A recent case has deepened a split of authority in dependency law. The split concerns one of the most frequently litigated gro...
Labor/Employment
Navigating the impacts of AB 5 for public agency employers
By T. Oliver Yee, Kaylee Feick
Assembly Bill 5 creates unique challenges and issues for California public agencies. For example, in order for a public agency...
Law Office Management, Law Practice
Set your law firm resolutions for 2020
By Daniel O'Rielly, Dena Roche
It’s December, and what possibly could be more important to your law firm than setting new resolutions for 2020? Yes, you’re t...
Appellate Practice, Civil Litigation, Law Practice
How to count to 30
By Gerald G. Knapton
When an appellate justice writes a concurrence just to point out a trap for unwary practitioners, it merits some consideration...
Ethics/Professional Responsibility, Law Practice
Cannabis and legal ethics: More guidance emerges
By Allison B. Margolin, James Raza Lawrence
Multiple sources have helped establish the principle that lawyers may ethically represent clients operating in the cannabis in...
Ethics/Professional Responsibility, Law Practice
Potential liability for case valuations
By Shari L. Klevens, Alanna G. Clair
Attorneys are often asked by their clients, “What do you think is going to happen?” or “What is this case worth?” Through expe...
Entertainment & Sports
‘Queen and Slim’: Not the same as ‘Bonnie and Clyde’
By Frank H. Wu
The movie is provocative because they are believable. You cannot leave the theatre without wanting to discuss what has transpi...
Civil Rights, Entertainment & Sports, Intellectual Property
Takedown notices and developments in fair use
By Neville L. Johnson, Douglas L. Johnson
Individuals, creators and businesses have a right and a duty to protect themselves and their assets from infringing online act...
Ethics/Professional Responsibility, Law Practice
Amendments to SOL for actions against attorneys coming in January
By Kenneth C. Feldman
The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.
Labor/Employment
Revisiting ‘kangaroo court’ workplace due process
By William M. Crosby
Until courts and legislators recognize that anything short of a jury trial cannot constitute meaningful due process, incentive...
Labor/Employment, Government, Tax
State developments impacting the nonprofit sector
By Erin Bradrick
As we near the end of 2019, we continue to see states stepping up to take action with respect to regulating the nonprofit sect...
Constitutional Law, Government, U.S. Supreme Court
Rucho not the last word on partisan gerrymanders
By James J. Matson
Last month’s election in Virginia marked another important victory against excessively partisan gerrymanders in America.
Construction, Civil Litigation
Class actions under California’s Right to Repair Act
By Garret D. Murai
It’s the holiday season. A time when family and friends, and even neighbors, gather together.
Environmental & Energy
Cap and trade is not the answer to saving the rainforests
By Gerald George
Far from decreasing, carbon emissions are increasing, even in highly developed economies that fancy themselves leaders in the ...
Appellate Practice, California Supreme Court, Judges and Judiciary
Justice Mariano-Florentino Cuéllar by the numbers
By Kirk C. Jenkins
Today we turn our attention to our fifth subject in our series of data-driven profiles of the justices of the California Supre...
Health Care & Hospital Law, Insurance
Paying for patients: How some providers are distorting health coverage
By Gregory N. Pimstone
If you have a PPO plan, you can see out-of-network providers, but it’s going to cost you more. Non-contracted providers have n...