Alternative Dispute Resolution, Civil Litigation
Forced arbitration: where Rights go to die
By Jahan C. Sagafi, Michelle Erickson
Ballooning corporate power and substantial erosion of the public sphere have caused a yawning chasm between rich and poor. One...
Administrative/Regulatory, Constitutional Law, Government, U.S. Supreme Court
The worst deference doctrine few have heard of: Brand X
By Adi Dynar
It essentially empowers agencies to overrule federal-court decisions by unilaterally altering the meaning of statutes the cour...
Intellectual Property, Civil Litigation, U.S. Supreme Court
Will the U.S. Supreme Court curtail the USPTO’s fee grab?
By Bobby Ghajar, Marcus Peterson
Given the statutory language, the importance of the so-called “American Rule” to the issue of fee shifting, and the public pol...
Among the flurry of bills signed by Gov. Gavin Newsom in October were Assembly Bill 61 and Assembly Bill 1493, which expand th...
The issuance of an appellate opinion prompts jubilation for the winners and despair for losers. And why shouldn’t it? The appe...
Corporate, Environmental & Energy
Climate change lawsuit alleges violation of shareholder protection statute
By John H. Minan
The case is not about whether climate change is real or caused by human activity. Those issues are conceded by Exxon. Rather, ...
The California Supreme Court recently brought welcome clarity to the law of the kill zone theory. But even after the latest ru...
Appellate Practice, Law Practice
Home field advantage: Making the most of your reply
By Adam Hofmann
Just as in baseball, where the home team always gets to bat last, the appellant always gets the last (written) word in the for...
Elijah Cummings, Daniel Goodman and George Washington.
I was drawn to the facts, not the law. These episodes are becoming disturbingly common. And calling the participants “drunk” i...
Contempt for education threatens democratic institutions.
State Bar & Bar Associations, Law Practice
Lawyers and law students: Your LSAT score does not define you
By Frank H. Wu
I attended and graduated from elite institutions of higher education (Johns Hopkins University and Michigan Law). That does no...
Family, International Law
When absence does not make the heart grow fonder
By Scott M. Gordon
The Hague Convention on the civil aspects of international child abduction
Administrative/Regulatory, Constitutional Law, U.S. Supreme Court
How the high court may rule in Seila Law — and why
By Oliver J. Dunford
The Supreme Court should prevent further erosion of the lines drawn by the Constitution and strike down the CFPB's for-cause r...
Constitutional Law, Government
San Diego must shut down facial recognition program
By Dave Maass
Law enforcement agencies in San Diego County were early adopters of hand-held facial recognition technology. Now these SoCal c...
Administrative/Regulatory, Environmental & Energy
California can learn from Arizona’s experience with groundwater regulation
By Sean T. Hood
Arizona enacted significant groundwater management legislation in 1980, and lessons can be learned by comparing and contrastin...
Civil Rights, Judges and Judiciary, Law Practice
The right to counsel in California needs a legislative fix
By Thomas F. Coleman
The system looks good on paper. However, in actual practice it is terrible. The rights of seniors and other adults with disabi...
Ethics/Professional Responsibility, Family
You’ve lost your client. Now what?
By Lucy Vartanian
Determining the appropriate course of action when a client goes missing or passes away is a perplexing gray area of California...
Alternative Dispute Resolution, Insurance
Enhance the effectiveness of your mediation by exploring potential insurance coverage issues pre-mediation
By Cassandra S. Franklin
n tax matters, procedure is important. The IRS has many rules about notices, deadlines, refunds, audits and disputes. And no m...
Law Practice, Legal Education
Fostering strong oral communication skills for law student externs
By Dena R. Bauman
Oral communication, including formal presentations and informal conversations, is a critical professional competency for law s...
Insurance, Civil Litigation
Are Cumis counsel disputes with insurers subject to anti-SLAPP?
By Stephen L. Raucher
A recent appellate rulings considers the question.
Understanding the myriad sources of confusion
Labor/Employment
California again expands lactation accommodation requirements
By Michael J. Nader, Jill L. Schubert
Earlier this month, Gov. Newsom signed a bill that amends the California Labor Code to expand lactation space requirements for...
Environmental & Energy
C’mon America: get the lead out and complete the job
By Gerald George
Reducing lead exposure levels, particularly in older urban communities, can produce demonstrable and significant social impact...
Constitutional Law, Government
Judicial opinion responding to Congress-executive clash is essential
By John H. Minan
9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment, Civil Litigation
The debate over Dynamex’s retroactivity heads to the California Supreme Court
By Felix Shafir, Jacob M. McIntosh
The law does not favor retroactivity; but how the court will rule is unclear.
California Courts of Appeal, Constitutional Law
Ethics at the California Coastal Commission
By Michael M. Berger
A recent case involving the commission was not only wrong — it was offensive.
Regarding the Oct. 29 article, “Gascon aims to make LA DA race about over incarceration” — a couple of things I know with cert...
The best aspect of my work day is the morning commute. That is because I have become a run commuter. I travel on foot the 4.5 ...