Criminal, Government
Newsom may have halted executions, but the machine keeps on ticking
By John Mills
Gov. Gavin Newsom made history by declaring a moratorium on executions in California and even tweeting out images of the execu...
Administrative/Regulatory, Criminal, Government, Insurance
Can you insure the cannabis industry without violating federal law?
By Joshua J. Borger
Marijuana may present the most combative clash between federal and state law today. California legalized medical marijuana in ...
9th U.S. Circuit Court of Appeals, Intellectual Property, U.S. Supreme Court
Restoring balance to software copyrights
By Peter S. Menell, David O. Nimmer
Our previous article addresses the substantive defects of the U.S. Court of Appeals for the Federal Circuit’s rulings in the O...
Ethics/Professional Responsibility, Law Practice
How not to be a lawyer
By Mark L. Tuft
A lawyer who finds himself in a situation of having to turn on his client in an attempt to justify his own intentional miscond...
Ethics/Professional Responsibility, Law Practice
Arbitration of malpractice claims is alive and well
By Brian Slome, Kenneth C. Feldman
At the minimum, clients should have the choice of going to binding arbitration. If they don’t want to go arbitration in the fu...
Administrative/Regulatory, Government
Delivery regulations appear to override local control of cannabis
By Scott E. Huber
In what appears to be a massive power grab, the Bureau of Cannabis Control recently approved regulations which override all lo...
Alternative Dispute Resolution, Law Practice
Dealing with a challenging client during mediation
By Peter J. Polos
While mediation has certainly gained popularity among civil litigators in California, our clients are not always easily convin...
Intellectual Property, U.S. Supreme Court
Justices need to hear Oracle v Google
By Peter S. Menell, David O. Nimmer
A matter of blockbuster significance is the subject of a current petition for certiorari. The case is Oracle v. Google. We sub...
9th U.S. Circuit Court of Appeals, Constitutional Law, Government, U.S. Supreme Court
Courts’ historical struggles with citizenship renunciation
By John S. Caragozian, Donald E. Warner
The federal government’s ignoble mass imprisonment of Japanese-Americans during World War II has a postscript: In 1944 and 194...
9th U.S. Circuit Court of Appeals, Government
Ruling is a victory in battle for affordable housing
By Jill Habig
The 9th Circuit recently upheld a Santa Monica ordinance regulating short-term rentals companies. This decision is a win not j...
People ask me all the time now if I believe legal education has "bounced back." I am convinced it has bounced, but I doubt it ...
Constitutional Law, Government, U.S. Supreme Court
An unlawful presidential act
By Erwin Chemerinsky
President Donald Trump is acting in an unconstitutional and unlawful manner in spending $8 billion to build a wall without con...
California Courts of Appeal, Constitutional Law, Criminal
The schizophrenic Sixth
By Brian M. Hoffstadt
The Bible may say, “No one can serve two masters.” But do these words of wisdom apply to the Sixth Amendment’s right to counsel?
California Supreme Court, Judges and Judiciary
Justice Brown and the old ACLU
By Mitchell Keiter
As a former chambers attorney for California Supreme Court Justice Janice Rogers Brown, I was surprised to read about her cons...
9th U.S. Circuit Court of Appeals, Government
Airbnb ruling allows ‘breathing room’ for local governments
By Christi Hogin
The 9th U.S. Circuit Court of Appeals upheld the city of Santa Monica’s ordinance regulating short-term vacation rental of res...
Administrative/Regulatory, Banking
What the 51 percent attack tells us about blockchain security
By Chaz M. Hales
In early January, Chinese blockchain security firm SlowMist and U.S.-based cryptocurrency exchange Coinbase separately announc...
Securities, U.S. Supreme Court
Thunder (Basin) struck: Are Ray Lucia’s rights meaningless?
By Joel Nolette
Last June, Ray Lucia won big at the U.S. Supreme Court. Yet Lucia finds himself once again facing SEC proceedings before a jud...
Constitutional Law, Government, Immigration
The Census battle continues
By Kaylan Phillips
In a case where the unusual has become the norm, all eyes will be on the Supreme Court to see if or how it addresses the Calif...
Appellate Practice, California Supreme Court, Civil Litigation
Projected admissibility
By Curtis E.A. Karnow
A July 2017 paper on quantum mechanics suggests the future influences the present. Our Supreme Court appears to have to come t...
Law Practice, Civil Litigation
To err is human, to sometimes forgive is CCP Section 473(b)
By Stephen J. Squillario
Fortunately, the Code of Civil Procedure offers a potential escape hatch when an attorney’s mistake, inadvertence, surprise, o...
Appellate Practice, California Supreme Court, Civil Litigation
Proper submission of pre-trial evidence: The twin hurdles
By Kasey Curtis, Charles Hyun
The term “admissibility” typically refers to evidence introduced at trial. A concept that is perhaps more nuanced, but typical...
of summary adjudication and summary judgment orders
Constitutional Law, Criminal
Newsom’s executive order violates promise to voters
By Michele A. Hanisee
During his campaign Gov. Newsom promised that although he does not support the death penalty, he would not interfere with the ...
Real Estate/Development, Tax
Investing in an opportunity zone? Find a fund manager you can trust
By Matthew J. Ertman
The new tax law created an incentive program which encourages investors to make long-term financial investments in opportunity...
The IRS can't take your passport exactly, but it can tell the State Department to do so. Whether this is a good idea can be de...
Constitutional Law, Criminal
Death penalty order creates as many problems as it solves
By David A. Carrillo, David Aram Kaiser
Governor Gavin Newsom's moratorium on executions was hailed in many circles for halting a death penalty process in California ...
Government, Labor/Employment
SB 142: More lactation accommodations or just more litigation?
By Michael J. Nader, Jill L. Schubert
Proposed law may actually impede lactation accommodations for working mothers and promote litigation.
California Supreme Court, Government, Labor/Employment
High court could revisit the ‘California Rule’ in new cases
By Christopher Waddell
While the California Supreme Court chose not to revisit the rule in the recent Cal Fire case, it could choose to do so in thre...
Civil Litigation
Litigation is critical to opioid crisis response
By Nora Freeman Engstrom, Michelle M. Mello
The opioid problem is monstrous and tentacular. Litigation is a critically important component of the response to the crisis: ...
Appellate Practice, Civil Litigation, U.S. Supreme Court
Equitable considerations won’t work, but will a motion for reconsideration or a Martian invasion?
By Jeremy S. Smith, Christopher Chorba
The Supreme Court holds that there are no equitable exceptions to Rule 23(f)’s 14-day deadline to file a petition for permissi...