Ethics/Professional Responsibility, Law Practice
‘Unconscionable’ legal fees under California’s new rules
By Gerald G. Knapton
California’s new Rules of Professional Conduct, effective Nov. 1, 2018, put new two factors at the top of the list of 13 eleme...
Real Estate/Development, Environmental & Energy, Government
Who should control basic land use policy in California’s ongoing housing crisis?
By Bryan W. Wenter
Sweeping legislative change is vitally important, necessary and justified to strike a better balance between state and local ...
California Supreme Court, Constitutional Law, Criminal
Brady v. Pitchess: A constitutional crisis 40 years in the making
By Naeun Rim
The California Supreme Court will hear oral argument in ALADS v. Superior Court on June 5. The court must hold that law enforc...
Civil Rights, U.S. Supreme Court
Justice Thomas’ evolving pro-consumer jurisprudence
By Stephen J. Newman
Conventional wisdom holds that there is now a solid pro-business majority on the U.S. Supreme Court. A 5-4 decision on Tuesday...
Criminal
Warming up cold cases: Genealogy and good old fashioned investigation
By Wendy L. Patrick
He was one of the most feared criminal figures of the 1970s and 1980s. Suspected to have committed multiple murders and dozens...
Bankruptcy, Civil Litigation, U.S. Supreme Court
Are stay relief denials automatically appealable?
By David S. Kupetz
On May 20, the U.S. Supreme Court granted certiorari in Ritzen to address the question of whether an order denying a motion fo...
9th U.S. Circuit Court of Appeals, Constitutional Law, Government
If you see a fork in the road, take it
By Michael M. Berger
The 9th Circuit recently had the chance to referee a dispute between the rights granted to agricultural labor unions by the Ca...
Entertainment & Sports
The most newsworthy part of a person’s entire life
By Dan Lawton
By any measure, Bill Buckner had a fine career: Over 2,700 base hits, won a batting title with the Cubs, and played for 22 sea...
Administrative/Regulatory, Environmental & Energy, Government
Lessons for New York from 3 decades of Prop 65 in California
By Michael G. Romey, Lucas I. Quass
New York may implement California-style chemical warnings creating bi-coastal complications for businesses big and small.
Law Practice, Civil Litigation, Tax
When it comes to litigation funding, don’t forget about taxes
By Robert W. Wood
Lawyers may source money entirely for themselves, clients alone may seek it, or each may get some, depending on how the deal i...
9th U.S. Circuit Court of Appeals, California Supreme Court, Civil Litigation
Courts trending to cutting back anti-SLAPP law
By Derek F. Foran, Michael E. Komorowski
Earlier this month, the California Supreme Court issued a unanimous decision limiting the application of the state’s ubiquitou...
9th U.S. Circuit Court of Appeals, Labor/Employment
9th Circuit upholds organizing rights for farmworkers
By Mario Martinez
The appeals court recently upheld the right of California union organizers to enter an agricultural employer’s property for th...
So long, Times New Roman!
By Sharon Baumgold
The Judicial Council recently floated proposed changes to the rules of appellate filings in the California Supreme Court and c...
Government, Law Practice, Civil Litigation
Does California value public interest litigation?
By Deborah J. La Fetra
In the past few years, private advocacy groups that intervene to defend challenged laws have successfully sought hundreds of t...
The recent outbreaks of childhood diseases all around the nation confirms for me the importance of academic freedom.
Government, Education Law
Curbing smartphone use in classrooms
By Sara C. Young, Georgelle C. Cuevas
It is against the law to text and drive, but what about texting when doing classwork? For many students in California, the day...
If a potential client, or the child of a potential client, faces imminent risk of serious physical harm, the pursuit of a dome...
The California Supreme Court failed to take action for the fourth time since it was provided State Bar statistical data reflec...
Alternative Dispute Resolution, Civil Litigation
Ruling shows importance for early discovery into arbitration
By Dena C. Sharp, David K. Stein
Any lawyer who represents plaintiffs in complex cases knows the difference between defenses raised on the pleadings versus def...
Constitutional Law, Government
Role reversal as Golden State takes the federalism reins
By Gene Tanaka
During the Obama administration, red states complained that federal statutes and regulations interfered with their rights unde...
Ethics/Professional Responsibility, Law Practice
Can you hear me (and my client) now?
By David M. Majchrzak, Heather L. Rosing
Lawyers have a duty to communicate with their clients. And they have many options regarding the means they use to do so. These...
Civil Litigation
Defense lawyers need to adjust their thinking in opposing TCPA class certification
By Eric J. Troutman
As putative Telephone Consumer Privacy Act class counsel become more sophisticated and define wrong number classes that are un...
Labor/Employment
The need to speak up to harassment and the importance of mentorship
By Leonid M. Zilberman
A recent survey found that 60 percent of male managers say that they’re uncomfortable mentoring, working one-on-one or sociali...
Civil Litigation, U.S. Supreme Court, Education Law
California Supreme Court reviewing forced arbitration in high school sex crime case
By Katherine V.W. Stone
The type of broad arbitration agreement used by many private schools makes no exception for disputes that involve a student’s ...
Director John Singleton and former Yahoo CEO Terry Semel were very different Hollywood animals, but both made common but criti...
Appellate Practice, Labor/Employment, Civil Litigation
Implied-in-fact arbitration agreements: when no doesn’t mean no
By Michael H. Leb
Two recent appellate decisions reach opposite conclusions in very similar situations. These decisions remind us that there rar...
Administrative/Regulatory, Transportation
Electric urban air taxis: science fiction or legal matter of fact?
By Sasha Rao
Not surprisingly, technology is not the main barrier to the introduction of urban air taxis. Rather, regulation and public pol...
Last week, the U.S. Supreme Court resolved a three-way circuit split in favor of allowing relators to bring claims under the F...
Labor/Employment, Civil Litigation, U.S. Supreme Court
The transportation-worker exemption to the FAA
By Cary D. Sullivan, Steven M. Zadravecz
In a ruling that affects a range of commercial drivers, including ride-sharing services, shipping companies and delivery servi...
While attention has been focused on massive data breaches at large corporations over the past few years, a study of cyber inci...