9th U.S. Circuit Court of Appeals, Bankruptcy
Ruling reveals potholes in the road to Chapter 11 for cannabis businesses
By Jerrold L. Bregman
To save a successful Chapter 11 restructuring from, in the words of the 9th U.S. Circuit Court of Appeals, going “up in smoke,...
Governor Gavin Newsom delivered on his campaign’s promise to invest in California’s children and families in the Budget Act of...
Insurance
Trade usage overlooked in insurance policy interpretation
By Michael S. Gehrt
Insurance policies are full of phrases and terms that might have one “ordinary and popular” meaning but a completely different...
Civil Litigation, Tax
Are damages in wrongful life and wrongful birth cases taxable?
By Robert W. Wood
As medicine, science, and the law continue to develop, lawsuits for wrongful birth and wrongful life are increasingly being re...
An absolute ban on all uses of all forms of a particular technology is rarely, perhaps even never, appropriate, at least where...
Artificial intelligence is all the rage. We constantly hear about it in one form or another. Automation. Big data. Machine ...
9th U.S. Circuit Court of Appeals, Criminal
9th Circuit finds it is acceptable to use leniency towards a defendant’s child as a bargaining chip in plea bargaining
By Thea Johnson
A 9th Circuit panel held that such pleas are involuntary if the government lacked probable cause to prosecute the third party ...
Intellectual Property
Protecting Intellectual Property in the rapidly evolving age of AI
By James L. Davis, Steve Meil
While work on AI-related technology started over 60 years ago, more than half of the nearly 340,000 AI-related patent applicat...
Labor/Employment, U.S. Supreme Court
Participation waivers test Federal Arbitration Act’s limits
By Ari J. Stiller
This comes up often when the named employee in a class action doesn’t sign an arbitration agreement, but other employees do.
Math skills are disappearing from the legal profession
Constitutional Law, U.S. Supreme Court
An ultimately underwhelming ‘Peace Cross’ decision
By Glenn C. Smith
Sometimes Supreme Court controversies promising tectonic shifts in constitutional rights and legal doctrines do not turn out t...
Civil Litigation, U.S. Supreme Court
When the FCC speaks, everyone must listen... maybe
By Eric J. Troutman
That a district court could not ignore or refuse to follow an order by the Federal Communications Commission related to the Te...
Corporate, Labor/Employment
Private companies and employees: Calling your attention to equity call rights
By Thomas M. Asmar
Companies seeking to reward employees for their contributions during their employment through the use of equity awards may not...
Constitutional Law, U.S. Supreme Court
Opening the federal courthouse door to takings claims
By Marc D. Alexander
In 2017, Professor (now Dean) Erwin Chemerinsky’s book, “Closing the Courthouse Door,” was published. The book’s subtitle pres...
Law Practice, Tax
Preparing for sunset: What lawyers need to know about the gift and estate tax
By Elizabeth A. Bawden
The Tax Cuts and Jobs Act passed at the end of 2017 doubled the estate and gift tax exemption. With much aplomb, it was announ...
As a law professor, I have realized we need to teach students a skill they by and large lack when they enroll: how to use the ...
Environmental & Energy, Letters, Civil Litigation
Corrections, clarifications to column on CARB Scoping Plan suit
By John Gamboa
I write to make three important corrections, and one clarification, to Howard Miller’s June 13 column, “Tectonic legal plates:...
Corporate, Securities
SEC attempts to preserve choice for investors in their relationships with financial professionals
By Michael L. Lawhead
On June 5, the SEC adopted a package of new rules, amendments and interpretations that addresses the obligations of broker-dea...
Constitutional Law, U.S. Supreme Court
Ding dong, the witch is dead!
By Michael M. Berger
Please forgive the levity in the title of this column. Lawyers who litigate constitutional property rights cases have been wai...
When news first broke in March of a brain-damaged man whose injuries stemmed from an attack in the Dodger Stadium parking lot,...
Constitutional Law, Criminal, U.S. Supreme Court
Ruling is first to consider ‘dual-sovereign’ doctrine’ in nearly 100 years
By John H. Minan
In a 7-2 decision, Supreme Court affirmed this separate sovereign principle in Gamble v. United States
Appellate Practice, Civil Litigation
Ruling illuminates procedure unique to limited civil cases
By Charles M. Kagay
Limited civil cases have special procedural rules, under the rubric “Economic Litigation.” One of these, at Section 98, allows...
Intellectual Property, Civil Litigation
STEM majors vs. Luddites: who makes the best patent litigators?
By Nathan N. Lowenstein
Patent litigators lacking a technical degree, particularly those who enter the field after law school, are a small minority of...
California Supreme Court, Constitutional Law, Government
Plotting the boundary between state and local authority
By Michael G. Colantuono
The state high court provided helpful clarification of rules that balance the powers of charter cities and state entities. The...
Constitutional Law, Government, U.S. Supreme Court
Supreme Court’s nondelegation ruling settled nothing
By Thomas Berry
On the morning of September 28 last year, Sen. Jeff Flake announced he would be voting to confirm Brett Kavanaugh. A few hours...
State Bar & Bar Associations, Ethics/Professional Responsibility
What to do when you hear from the State Bar
By Murray Greenberg
Taking a “burying your head in the sand” approach will not make a complaint filed with the State Bar go away. In fact, Busine...
Law Practice, Legal Education
Externships: a primer
By Anahid Gharakhanian, D’lorah L. Hughes
They are not only great for law students; hosts benefit, too
Alternative Dispute Resolution
Reflections on my first year as a mediator
By Lars C. Johnson
Having participated in dozens and dozens of mediations as a lawyer, I thought I had seen it all.
Administrative/Regulatory, Corporate, Securities
Hot topics in the 2019 SEC regulatory landscape
By Robert R. Boeche II
The SEC’s Office of Compliance Inspections and Examinations releases an annual Examination Priorities report that identifies c...
Driving around in Fresno County, it’s impossible to miss the workers squatting in the fields picking strawberries or cauliflow...