This month will see the governor, Legislature, gig employers and organized labor take a crack at this issue in an attempt to d...
When a Supreme Court case becomes famous, we forget what went before. The 1978 Bakke affirmative action litigation, against th...
Bankruptcy, Government
Bankruptcy Code changes offer relief to (very) small businesses
By Robert S. Marticello
On Aug. 23, President Donald Trump signed the Small Business Reorganization Act of 2019 (SBRA), which, starting in February 20...
In this case, the 4th District Court of Appeal examined whether a losing bidder on a public works projects can recover its bid...
Government, U.S. Supreme Court
Courts now look to a city’s design in inverse condemnation actions
By Carolyn Frank
The California Supreme Court recently held that a city protects itself from inverse condemnation claims resulting from a sewer...
The law is fascinating stuff, but I’d like to discuss a larger topic. I come to defend the ostrich.
J&J ruling may feel like a win, but it’s not the answer
By Allison B. Margolin, Rob Uriostegui
Even the ordered $572 million payment will be like bringing a bucket of water to put out a wildfire. Instead of throwing milli...
California Supreme Court, Labor/Employment, Civil Litigation, U.S. Supreme Court
The employment arbitration whipsaw
By Steven B. Katz
Last Thursday, the California Supreme Court once again entered into the thicket of wage claim arbitration, attempting to navig...
A recent case discusses how accusatory statements and the response in text conversations can be used in trials. Adoptive admis...
Corporate, Tax
Today, C or S corporation decision can involve huge tax swings
By Robert W. Wood
The massive tax law passed by Congress and President Trump at the end of 2017 radically reshaped traditional tax planning in w...
Appellate Practice, State Bar & Bar Associations, Law Practice
Isn’t that special?
By Benjamin G. Shatz
Obviously, here at Exceptionally Appealing, we believe that California appellate practice is an exceptionally appealing field ...
California Supreme Court, Civil Litigation
Settling out a party may not solve your choice-of-law problem
By Denise Madigan
In a recent case of first impression, the California Supreme Court considered whether settling with a party in a multiparty to...
State Bar & Bar Associations, Law Practice, Letters
Nonlawyer ownership: The end of ethics and the profession as we know it
By Minh T. Nguyen
I just read Joe Donnini’s Aug. 23 article, “Is nonlawyer ownership signaling the end for solo/small firms?” No, it signals the...
In a rare move, Alameda County Superior Court Judge Trina Thompson dismissed three out of the 12 jurors in the Ghost Ship case...
California Supreme Court, Civil Litigation
Standing and website discrimination: Square peg in a round hole
By Jeffrey M. Goldman, Tracey E. Diamond
In the past, California courts required plaintiffs to show that an allegedly discriminatory website prevented their full use a...
Constitutional Law, Environmental & Energy, Judges and Judiciary
California’s judges, meet John Maynard Keynes
By Richard A. Schulman
The state’s extraordinarily high housing prices comprise much of its extraordinary high living costs,
California Supreme Court, Insurance, Civil Litigation
State high court issues landmark insurance decision
By Kirk A. Pasich
On Thursday, the court addressed the importance of California’s so-called “notice-prejudice” rule — an issue critical in many ...
Appellate Practice, California Courts of Appeal
1st District’s new local rules: a guide
By Sarah Hofstadter
On Aug. 23, the 1st District Court of Appeal issued a revised version of its local rules — the first major overhaul since 2006.
Tax
IRS warning cryptocurrency users about taxes, but guidance still elusive
By Dashiell C. Shapiro
One problem the IRS faces with cryptocurrency (that it did not face with Swiss Bank accounts to the same extent), is that the ...
Government, Civil Litigation
Legislation will promote frivolous shakedown lawsuits
By Kyla Christoffersen Powell
Assembly Bill 1270 (Stone) is an attempt to expand the False Claims Act to allow the attorney general, local prosecutors and p...
California Supreme Court, Environmental & Energy
CEQA review now required for ordinances authorizing new medical marijuana dispensaries
By B. Alexandra Jones, Jolie-Anne S. Ansley
The California Supreme Court recently issued a decision that may require cities to conduct environmental review prior to adopt...
California Supreme Court, Criminal
Yes, murder is a crime of violence
By Mitchell Keiter
Randly Begay accused his girlfriend of cheating on him with one Roderick Ben. After Begay told both he was “not scared to go t...
9th U.S. Circuit Court of Appeals, Labor/Employment, Civil Litigation
Ruling could send shock waves through ERISA claims industry
By Robert J. McKennon
A 9th Circuit ruling will have the effect of limiting claimants’ much-needed access to the federal courts and class actions.
Labor/Employment
The Dos and Don’ts of union organizing drives
By Robert F. Millman, Sevag M. Shirvanian
You may periodically read about various unions’ organization efforts in other parts of the state or country, along with the va...
The idea that the “expansion” of qualified immunity for peace officers in civil rights cases, including those involving the us...
Tax
Personal liability for your company’s taxes, even if you work for a nonprofit
By Robert W. Wood
Serving on the board of directors of a nonprofit can be rewarding, but not if you end up paying for the organization’s tax pro...
It is time to revisit and eliminate the confusing Penn Central factors, which have hamstrung substantive takings litigation, w...
The qualified immunity dilemma
By DeWitt Lacy
The continued expansion of the doctrine can only encourage law enforcement to shoot first and ask questions later, ultimately ...
Civil Litigation
Managing regret: Rule 502, the disclosure of privileged material and clawbacks
By Anthony Pacheco, Nate Wright
How do you manage the risk of producing privileged material to an adversary? Federal Rule of Evidence 502 is often used by civ...
State Bar & Bar Associations, Law Practice
Task force proposals could set back women lawyers in California
By Carolin K. Shining
Unfortunately, three sweeping new programs have been revealed by the State Bar’s Task Force on Access Through Innovation of Le...