Constitutional Law, Government, Immigration
Congress should clarify what constitutes an ‘emergency’
By John H. Minan
Federal law establishes a procedure for the president to declare a national emergency — but it doesn’t saw what an emergency is.
Alternative Dispute Resolution, Civil Litigation, U.S. Supreme Court
Statutory originalism has firmly arrived
By Steven B. Katz
Two recent Supreme Court rulings on arbitration speak with one voice to announce a clear shift in the way the high court is go...
The case of the public pissoir
By Michael M. Berger
This month we’ll take a step back from takings law to discuss a strange case involving a three-inch hole installed in San Fran...
Civil Rights, Constitutional Law
Water, property rights and the public trust doctrine
By Erin E. Wilcox
Even if Mark Twain never actually said, “Whiskey is for drinking; water is for fighting over,” nowhere is this maxim better il...
Administrative/Regulatory, Civil Litigation
Illinois high court answers highly litigated biometric law question
By Kamran Salour
Businesses should pay attention to a recent Illinois Supreme Court ruling on the state’s unique biometric privacy law.
Administrative/Regulatory, Government
Businesses express concerns with CCPA at public forum
By Jeffrey Atteberry
On Friday, the California attorney general’s office hosted a public forum at the Ronald Reagan Building in downtown Los Angele...
California Supreme Court, Labor/Employment, Civil Litigation
Dealing with Dynamex
By Laura P. Worsinger
The California Supreme Court’s decision the landmark worker classification case is having a greater impact on employers than a...
Administrative/Regulatory, Securities
Securities year in review
By Nicolas Morgan, Thomas A. Zaccaro
And looking ahead to securities regulation priorities in 2019.
Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation
Cost-shifting in mediation after Berkeley Cement ruling
By Marc D. Alexander
A California jurist once wisely observed, “All too often attorney fees become the tail that wags the dog in litigation.”
9th U.S. Circuit Court of Appeals, Government, Civil Litigation, U.S. Supreme Court
FCA claims after Escobar
By Paul S. Chan, Shoshana E. Bannett
In 2016, the U.S. Supreme Court resolved the question of whether there can be liability for implied false certification claims...
9th U.S. Circuit Court of Appeals, Appellate Practice
When success is incomplete but extraordinary: Attorney fees in Ibrahim v. DHS
By Susan Yorke
An en banc panel of the 9th Circuit recently issued a decision in the latest installment in the long-running legal saga of the...
Administrative/Regulatory, Mergers & Acquisitions
Mergers and acquisitions in the cannabis industry
By Tiffany Carrari
Despite these challenges, investors are more than willing to engage in pre-licensing deals as a way to get in at the ground fl...
Corporate, Mergers & Acquisitions, Securities
Implementing the underwriter perspective can improve IPO success
By Sara L. Terheggen
One perspective which is critical and is often overlooked until the time comes to actually execute on becoming a public compan...
Judges and Judiciary, Law Practice
When speed surveys are necessary
By Jason A. Clay
The objective of this article and accompanying self-study test is to increase readers' understanding of when speed surveys are...
Administrative/Regulatory, Criminal, Government
The thin blue line
By J. Scott Tiedemann
Once confidential records of officer involved shootings, uses of force that result in great bodily injury, dishonesty and sexu...
Former California Gov. Jerry Brown signed more than 1,000 new laws that go into effect this year.
Administrative/Regulatory, Corporate
The California Consumer Privacy Act
By Stephanie Duchene, Peter Z. Stockburger
Earn MCLE credit learning the basics of California’s new Consumer Privacy Act.
Environmental & Energy, Government, Civil Litigation
‘Children’s Crusade’ can continue
By John H. Minan
Juliana v. United States presents novel legal theories to compel the federal government to protect present and future generati...
Civil Litigation
Avoiding liability pitfalls with personal injury liens
By Lars C. Johnson
Failing to address liens or reimbursement claims in personal injury cases can have disastrous consequences. Whether you are on...
If voters wish to narrow the sentence reductions of Proposition 57 in a way that does not conflict with its actual text, they ...
Youngstown and the president’s emergency powers
By Arthur G. Svenson
President Donald Trump has threatened to exercise emergency lawmaking power to construct a $5.7 billion border wall; many lega...
Constitutional Law, Health Care & Hospital Law, Letters, Tax
Misinterpretation of Congress’ power to tax
By Richard A. Nixon
On Jan. 7, Professor John H. Minan wrote about the future of health care coverage in a column titled, “If ruling stands, milli...
Appellate Practice, California Courts of Appeal
Resolving Appeals Faster
By James Ardaiz, Christopher Cottle
Is there anything you can do to get your case on appeal decided faster? Is there anything the appellate courts can do to impr...
Administrative/Regulatory, Labor/Employment
The Joint-Employer Dance
By Thomas O'Connell, Benjamin Carney
A recent D.C. Circuit decision marks yet another analytical refocusing of the joint-employer relationship in what has already ...
Labor/Employment, Education Law
LA teachers strike: not your average labor dispute
By Mark Theodore, Cole D. Lewis
It’s impossible to discern exactly what’s going on in large part due to a recent law passed by the California Legislature.
9th U.S. Circuit Court of Appeals, California Supreme Court, Labor/Employment
GrubHub reclassification should be easy as ABC
By Gerald L. Sauer
Although Dynamex retroactivity is not guaranteed, the likelihood that an exception would be granted is about the same as winni...
Appellate Practice, Law Practice, Civil Litigation
Ruling provides guidance for making valid 998 settlement offers
By Paul R. Kiesel, Stephanie M. Taft
Traditionally analyzed under the “totality of the facts,” a recent appellate decision embraced three factors that are “especia...
Ethics/Professional Responsibility, Civil Litigation
Ethical pitfalls to avoid with personal injury liens
By Lars C. Johnson
Whether you represent people injured in accidents or defend these cases, you need to understand your ethical obligations regar...
Constitutional Law, Government, Tax
Does Congress have the power to access Trump taxes?
By John H. Minan
The House Ways and Means Committee wants access to the tax returns. Trump has said that he will try to block their release. He...
Questions of arbitrability after Henry Schein
By Cary D. Sullivan, Maura C. Pennington
The Supreme Court recently held that the Federal Arbitration Act contains no “wholly groundless” exception to the threshold qu...