Constitutional Law
A police warrantless blood draw ruled improper
By Dmitry Gorin, Alan Eisner
An initially conscious and lucid suspect who becomes unconscious, or seemingly unconscious, requires law enforcement to obtain...
Civil Litigation
Four years of motion statistics for a Stanley Mosk individual calendar courtroom
By Richard Fruin
Individual case inventories increased because few cases were ready for trial in the first two years of the pandemic, and settl...
Intellectual Property
When it comes to damages recovery, design patents trump utility patents
By Dariush Adli
Determination of reasonable royalty is often difficult to prove and can leave a large portion of the profits with the infringe...
Because of the way contracts are constructed between private prisons and the government, private prisons depend on being at fu...
California Supreme Court
Landmark appellate decision on access to police misconduct records stands
By Abraham Galvan Sanchez
The California Supreme Court declined to review a significant appellate court ruling related to public disclosure of peace off...
Constitutional Law
Is Donald Trump disqualified from being president?
By Erwin Chemerinsky
It is tempting to be dismissive and speculate that the conservative Roberts Court, with three justices appointed by Trump, wou...
Constitutional Law
Why the Constitution matters and what we must do to protect it
By Patrick McNicholas
In light of recent and upcoming political events, as well as the current divisive political climate, the need for civic educat...
Tax
California can tax you, even if you never set foot in California
By Robert W. Wood
California’s attempts to tax nonresidents often lead to controversies, as evidenced by the well-publicized tax disputes that m...
We revisit Sheetz v. County of El Dorado today because the United States Supreme Court accepted the invitation, granted...
What lawyers think of old cases is not important. What counts for advocates is what our targets - the judges - t...
Entertainment & Sports
Why NCAA transfer portal rules need an overhaul in 2024
By Frank N. Darras
The NCAA transfer portal is populated with rising stars in college athletics, and thousands of followers are devoted to tracki...
Judges and Judiciary
Optimizing hybrid-representation settlement conferences
By Victoria Wood
We become so accustomed to our own processes that it is easy to forget how unfamiliar and daunting they can feel to someone in...
Litigation & Arbitration
An ‘ambiguity’ defense in ‘clean beauty’ litigation?
By Alexander M. Smith
The absence of a standardized definition for “clean” allows manufacturers facing legal challenges to argue that additional mat...
Labor/Employment
New law requires employers to grant leave for 'reproductive loss'
By Kacey R. Riccomini, Joseph Scott
Reproductive loss is broadly defined under the new California law. A “reproductive loss event” can occur over one or more days...
Judges and Judiciary
To stipulate or not to stipulate. That should not be a question.
By Scott J. Nord
Not stipulating to a commissioner, sometimes at the last minute, has created a hole in the legal system which is rife for dela...
It is true that options for dealing with convicted shoplifters are more limited under Proposition 47, but are the options any ...
Corporate, Environmental & Energy, Labor/Employment
Courts are increasingly wary of ‘feel-good’ green marketing claims
By Christina V. Tusan
With increased green marketing claims comes greater scrutiny, which courts are taking seriously.
Whether because of the lawsuit or for some other reason, Tesla has now recalled just about every car it ever built. Despite th...
ESG-related litigation can take many forms, but there are clear guidelines for companies seeking to mitigate against the risk ...
Health Care & Hospital Law
Questions loom as California braces for statewide exchange of health information
By Gayland O. Hethcoat II
As care providers prepare to engage in statewide health information exchange in 2024 under the California Data Exchange Frame...
Family, Letters
Getting stuck in the family law system and hurting minors in the process
By Terry McNiff
Is there anything we or the courts can do to remedy some of the shortcomings and systemic failures that harm our families and ...
The statutory filing deadlines for Fair Employment and Housing Act discrimination claims to the California Civil Rights Depart...
Criminal
Criminal defense in the digital age: adapting to new challenges
By Nick Toufexis
Although social media has played a role in litigation for almost two decades, the world of social media today is far more comp...
Family
A new DVRO law allows limited civil discovery but with careful checks and balances
By Lawrence P. Riff
Seventeen questions and answers about Family Code Section 6309 – the new law permitting (and limiting) discovery in domestic v...
Labor/Employment
When it comes to collective bargaining agreements, PAGA is just different
By Garret D. Murai
In general, the right of an employee to file a PAGA action cannot be waived by contract, but there is an exception for constru...
By granting certiorari, the Supreme Court has indicated that at least four justices are interested in considering wheth...
Constitutional Law, Government
The Supreme Court will rule against Colorado
By Stephen Yagman
Section 3 of the Fourteenth Amendment is unenforceable. In order for there to be enforcement of section 3, there must have bee...
Former president Donald Trump has several cases pending against him. Some of those cases could be delayed to the point of moot...
Administrative/Regulatory, Data Privacy
New privacy considerations under CPPA regulations
By Chiara Portner, Kenny Gutierrez
Although the regulations are in a nascent phase and subject to change, businesses should keep track of what information is bei...
When I write or speak about Herb Morris, I use the present tense because his presence is palpable. His influence in many disci...