California Courts of Appeal, Law Practice, Civil Litigation
5 years to trial and death knell orders
By Patrick Hammon, Katherine Chilton
Recent rulings are a reminder that California’s “five-year rule” is strict and unforgiving.
Labor/Employment, U.S. Supreme Court
New justices and shifting public opinion make Title VII cases hard to predict
By Sanford Jay Rosen
The U.S. Supreme Court will hear three cases in its October 2019 Term concerning whether LGBTQ people are protected from emplo...
Ruling should put an end to confusion over prompt-payment laws
By Garret D. Murai
California has had construction-related prompt-payment laws on its books for some time. But until recently there’s been confus...
Appellate Practice, California Courts of Appeal
Abbreviated justice
By Benjamin G. Shatz
California courts generally decide appeals with written decisions, but memorandum opinions do exist under California law.
Each of us has much to be modest about
By Frank H. Wu
I once made a mistake assessing students — not the first time, probably not the last time.
On this National Teacher Appreciation Day, let’s salute our teachers who make a difference every day.
Health Care & Hospital Law
An unspoken epidemic: elder neglect in California’s assisted living facilities
By Kathryn A. Stebner, Karman M. Guadagni
There are approximately 300,000 elderly Californians currently living in assisted living facilities throughout the state. Whi...
Constitutional Law, Labor/Employment, Civil Litigation
Employment laws of employees of religious institutions is a fact intensive inquiry
By Tim B. Del Castillo
Most everyone knows that nonprofit religious organizations are not treated the same as other entities with respect to some law...
Appellate Practice, California Courts of Appeal, California Supreme Court, Law Practice
From legal formalist to legal realist
By Myron Moskovitz
Recently, I’ve been ruminating on my career as an appellate lawyer. Over the years, I’ve changed my approach — a lot.
Alternative Dispute Resolution, Law Practice
Please allow me to introduce myself
By Robert S. Mann
You have one chance to create the first impression of being professional, competent, organized and effective.
Environmental & Energy, Government
Environmental deregulation: all sound, no fury
By Gerald George
The Trump administration has repeatedly vowed to streamline environmental regulation, bring back coal, and make America No. 1 ...
Administrative/Regulatory, Environmental & Energy
Air quality district plans to regulate nitrogen oxide in the South Coast Air Basin
By Steve Farkas
The air basin is currently rated “extreme non-attainment” for NOx, which causes the formation of smog and acid rain.
Corporate, Securities, Tax
Common questions about tax rules for pricing options
By Michael Shaff
There are special rules for incentive stock options that a corporation can issue to an employee. Among those rules, the exerci...
9th U.S. Circuit Court of Appeals, Securities, U.S. Supreme Court
Strategies securities defense attorneys may take to address the uncertainty surrounding the Supreme Court’s Emulex demurral
By David A. Priebe
One week after oral argument, the U.S. Supreme Court dismissed as improvidently granted a case which questioned whether liabil...
It is expected that by 2020, more than 2 million women will be in the veteran population. Their health experiences and needs a...
Labor/Employment
The secret to workplace compliance: Don't just check the box
By Beth A. Schroeder
In this complicated time for California employers, where a 3-4 percent unemployment rate makes it so challenging to recruit an...
Law Practice
A brief overview of the California Uniform Trust Decanting Act
By Jenny Hill Bratt, Catherine M. Swafford
The new law is long and complex. This article is intended to provide practitioners with a brief overview of the procedural and...
Daily we are bombarded in cyberspace with fake information, images and videos, and the law has failed to keep pace with the fa...
Government
Public entities: Beware the rise of web accessibility litigation
By Sean D. De Burgh
With technology dramatically changing how local governments service the public, the developing legal issue concerns to what ex...
Intellectual Property, Civil Litigation
Ruling causing a stir in patent licensing community
By Bridget A. Smith, John B. Sganga Jr.
In a recent ruling the Federal Circuit held that an ordinary forum selection clause in a licensing agreement can prevent a val...
Administrative/Regulatory, Environmental & Energy
Farming and meeting water quality standards: Can the 2 coexist?
By Theresa A. Dunham
To produce sufficient food and fiber to feed California, the nation and the world, Central Valley farmers use synthetic and o...
Procedure is all around us
By Frank H. Wu
Why I admire Parliamentary procedure
Restoring the right to vote for incarcerated felons?
By Joseph H. Cooper
Several commander-in-chief hopefuls, seeking the White House residency beginning in January 2021, have begun stridently pontif...
Civil Litigation, U.S. Supreme Court
Statutory originalism & the Federal Arbitration Act
By Steven B. Katz
The U.S. Supreme Court’s latest arbitration ruling continues a proxy war over ‘statutory originalism.’
9th U.S. Circuit Court of Appeals, Administrative/Regulatory, Civil Litigation
9th Circuit’s influence over TCPA jurisprudence is growing
By Artin Betpera, Susan N. Nikdel
California is a hub of TCPA litigation with new, major class actions being filed against all manner of major businesses on wha...
Constitutional Law, Government, Civil Litigation
Eminent domain process: Precondemnation to prejudgment possession
By Neli N. Palma
In this article and accompanying self-study test, readers will learn about the eminent domain process, its constitutional and ...
Civil Rights
Procedure in California state courts vs the Federal Rules of Civil Procedure
By William Slomanson
There have been innumerable revisions to the state and federal procedural rules in the 80 years since promulgation of the Fede...
9th U.S. Circuit Court of Appeals, Civil Rights, Civil Litigation
Website accessibility suits show no sign of slowing after 9th Circuit ruling
By Kristina M. Launey
The appellate court recently issued its fifth ruling on the issue of website accessibility in the case of Robles v. Domino's.
Corporate, Government
California leads on pay equity, but additional protections on the way
By Kate Collins
The U.S. House of Representatives has passed a bill, now in the Senate, which seeks to ensure employees are compensated withou...
Appellate Practice, California Supreme Court, Judges and Judiciary
Justice Ming Chin by the numbers
By Kirk C. Jenkins
Today, we’re beginning a new series of monthly columns — analytics-driven profiles of every justice of the California Supreme ...