Labor/Employment
DOL provides the latest guidance on employee classification
By Elizabeth Arnold, Chester Hanvey
The Wage and Hour Division of the Department of Labor issued its first significant guidance under the current administration r...
On the continuum of life, 100 years is not a terribly large amount of time.
We will never win the war on poverty in America unless we solve the problem of legal aid first.
Construction, Civil Litigation
Elon Musk: Eccentric engineer. Technology billionaire. And now, litigation savant
By Garret D. Murai
Building spaceships isn't the only thing Mr. Musk has a knack for.
Judges and Judiciary, U.S. Supreme Court
This didn’t start with Bork
By James Attridge
Woeful observers will pine for the good old days, lamenting the death of civility, and declaring that the era of judicial conf...
Legislation is working its way through the California Legislature to change that by holding individuals personally accountable...
Contracts, Ethics/Professional Responsibility, Probate
Who retains the privilege when the estate gets a new trustee?
By Mark J. Phillips
A recent case again returned to the complications that arise when a trusteeship changes hands, taking the important attorney-c...
Ethics/Professional Responsibility, Law Practice
Withdrawing from representation the right way
By Shari L. Klevens, Alanna G. Clair
If withdrawal is not done properly, it can make a bad situation even worse and result in a legal malpractice claim or a bar co...
Law Practice
Small firm billing: What changes are needed to improve results?
By Frederick Hertz
The best way to improve your bottom line is to make a list of every component in your fee-generating “vehicle.”
Keith Gessen’s novel “A Terrible Country” paints a modern view of his home country.
California Supreme Court, Civil Litigation, Ethics/Professional Responsibility, Law Practice
State high court soon to decide conflict waivers case
By Stephen L. Raucher
Will the California Supreme Court invalidate broad advance conflict waivers commonly used by large law firms in their engageme...
9th U.S. Circuit Court of Appeals, Civil Litigation
The real dilemma in Hyundai-Kia
By Andrew J. Trask
In January, the 9th Circuit said certifying of a nationwide settlement class requires an analysis of the relevant laws in all ...
Entertainment & Sports, Civil Litigation
Steve McQueen’s family sues Ferrari over unauthorized use of name
By Delia Ramirez
The children of actor Steve McQueen have fila a lawsuit in Los Angeles County Superior Court against Ferrari for the use of th...
9th U.S. Circuit Court of Appeals, Constitutional Law
Ruling gave short shrift to microstamping evidence
By Ara R. Jabagchourian
Last week, the 9th U.S. Circuit Court of Appeals upheld the constitutionality of California’s Unsafe Handgun Act.
9th U.S. Circuit Court of Appeals, Bankruptcy
A win for debtors who own condominiums
By Jeff Curl
The 9th Circuit gives the super discharge in Chapter 13 another bullet in its belt.
Government, Immigration, Judges and Judiciary, Law Practice
Keep ICE out of our courts
By Dan Siegel
The story of Juan Parra and why ICE must be banned from California courthouses.
Civil Rights, Labor/Employment
Pregnancy discrimination in the workplace: an open secret
By Lauren Mayo-Abrams
Until we address inherent bias, pregnancy discrimination will persist in California workplaces.
Constitutional Law, Government
First test for emoluments clauses of the Constitution
By John H. Minan
President Donald Trump’s legal problems grow on a daily basis, and the federal district court in Maryland just added to the li...
Administrative/Regulatory, Health Care & Hospital Law
The laws of nature and health care in the United States
By Craig B. Garner
Rather than defining health care as life or death, the emphasis should be on progress.
Family, U.S. Supreme Court
Catching up with Obergefell: Uniform Parentage Act revisions
By Alex Bettencourt
The 2017 UPA revisions address the non-nuclear methods by which many parent-child relationships are established.
Alternative Dispute Resolution, Labor/Employment, Civil Litigation, Tax
The naked truth about settling sexual harassment cases in the #MeToo era
By Jan Frankel Schau
How the public interest in disclosure clashes with the private value of confidentiality.
Ethics/Professional Responsibility, Law Practice
I don’t vouch, and none of us should
By Frank H. Wu
Our participation in the modern version of this great experiment in democracy demands that we communicate with one another, wi...
Appellate Practice, California Courts of Appeal
Poco loco rules
By Benjamin G. Shatz
The local variations between California’s appellate courts are not nearly as drastic as those among the 13 federal appellate c...
Appellate Practice, Civil Litigation, Law Practice
Appellate Adventures, Chapter Seven: "Is the Statement of Facts Important?"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato
Appellate Practice, California Courts of Appeal, California Supreme Court, U.S. Supreme Court
Delay in our Courts of Appeal
By Kirk C. Jenkins
Appeals take too long, people argue; there should be a time limit within which an appeal must be decided. It might seem as if ...
Corporate, Labor/Employment
Workplace marginalization is a problem
By Branigan Robertson
Due to the current state of the law, employment attorneys are usually powerless to help.
Ethics/Professional Responsibility, State Bar & Bar Associations
State Bar should reject discipline charges alert proposal
By Zachary D. Wechsler
The State Bar of California is considering a proposal to begin applying a consumer alert badge to State Bar member profile pag...
Administrative/Regulatory, Civil Litigation
Proposition 65 meets common sense
By Joshua A. Bloom
Recent events suggest that courts and regulators are finally understanding that things have gone too far with regard to privat...
Law Practice, Civil Litigation
Evaluating personal injury cases: juror motivation
By Lars C. Johnson
Jurors render big verdicts when jurors are motivated. In contrast, where jurors see their work as inconsequential, the results...
Law Practice
Partner departures can mean bad business for law firms
By Daniel O'Rielly, Dena Roche
Even if it’s good, it’s bad.