Criminal, Environmental & Energy, Letters
District attorney upheld defendants’ rights
By Gregory D. Totten
The Daily Journal reported the summary judgment in favor of the County of Ventura in a purported civil rights case. The articl...
Insurance
Insurance from economic losses resulting from recent fires
By Kirk A. Pasich
Property insurance policies typically cover the physical losses caused by fires, including damage and destruction of structure...
9th U.S. Circuit Court of Appeals, Constitutional Law, Criminal, U.S. Supreme Court
Beginning to see the light
By Brian M. Hoffstadt
Some things cannot be unseen. Last term, the U.S. Supreme Court held that judges could -- and, indeed, must -- open their eyes...
In a fascinating case in Connecticut, the police earlier this year arrested a murder suspect based in large part on data colle...
Civil Rights, Constitutional Law, Government
Defend the First Amendment, even when it hurts to do so
By Eric B. Kingsley
As has been widely reported, President Donald Trump turned his attention to the First Amendment last week in the form of angry...
9th U.S. Circuit Court of Appeals, Civil Rights, Constitutional Law, U.S. Supreme Court
Zoning ordinance is a permissible police power
By Imran Khaliq
The 9th Circuit has boldly stepped into the national spotlight on this issue, placing new constitutional restrictions on the s...
9th U.S. Circuit Court of Appeals, Civil Rights, Constitutional Law, U.S. Supreme Court
2nd Amendment is not a second-class right
By Donald E.J. Kilmer Jr.
In the words of Judge Tallman, a recent 9th Circuit "decision further lacerates the Second Amendment, deepens the wound, and r...
Donald Trump is not the first U.S. president who ran his own business, nor is he the first to run a business into the ground.
Administrative/Regulatory, Corporate, Government, Labor/Employment
Salary history bill will not apply to information available for public employees
By Chris Micheli
Gov. Jerry Brown signed Assembly Bill 168 last week, adding Section 432.3 to the California Labor Code primarily to preclude t...
Constitutional Law, Government, U.S. Supreme Court
Looking to Justice Kennedy in Gill
By James J. Matson
The briefs have been filed and the arguments heard in Gill v. Whitford, the blockbuster partisan gerrymandering case now befor...
Appellate Practice, Judges and Judiciary
‘Realist’ or ‘formalist’: Part 2
By Myron Moskovitz
In my last column, I discussed Judge Posner's "realist" approach to judging, contrasting it with the "formalist" approach. Now...
Law Practice
A checklist for bringing in lateral partners
By Daniel O'Rielly, Dena Roche
Many law firms today are facing the relatively new reality that growth will depend, at least in part, on bringing in talented ...
Corporate, Criminal, Government, Tax
Criminal exposure isn’t limited to personal returns
By Robert W. Wood
California Courts of Appeal, California Supreme Court, Insurance, Civil Litigation
Insurance for fire losses
By Kirk A. Pasich
During the last week, wildfires have devastated vast areas of California. While the fires have caused massive property loss, t...
Administrative/Regulatory, Government
Inside California’s new housing package
By Margo Bradish, Ofer Elitzur
Gov. Jerry Brown recently signed a long-anticipated package of 15 housing-related bills. These bills, signed Sept. 29, constit...
Entertainment & Sports, Intellectual Property, Civil Litigation
There are only 12 notes, in so many octaves
By Delia Ramirez
Ultimately, music is finite, and the repetition of themes, genres and even note sequences is inevitable. Courts need to "unblu...
Intellectual Property, U.S. Supreme Court
The genus and species of copyright
By Antonio R. Sarabia II
Justice Thomas' approach in his Varsity v. Star Athletica opinion transforms copyright applications for the designs of useful ...
Appellate Practice, Judges and Judiciary, Law Practice
Legalish: let us abolish it when we can
By Curtis E.A. Karnow
You know these words, phrases and constructions that would never be found in writing outside the law. They're used to make thi...
Administrative/Regulatory, Criminal, Government
Expand and enforce state gun laws
By Eric Siddall
As high as the current gun-related crime rates are today, they were significantly worse before California passed strict gun la...
Constitutional Law, Immigration, U.S. Supreme Court
Justices seem to agree on immigration detention limits
By Kathleen Spero
The U.S. Supreme Court started its 2017 term last week and quickly waded into the hot-button issue of immigration. The case at...
Administrative/Regulatory, Government, Immigration, Labor/Employment
Protections for immigration worksite enforcement actions
By Chris Micheli
This bill, signed Oct. 4, added Government Code Section 7285.1 to prohibit an employer (or a person acting on the employer's b...
Administrative/Regulatory, Government, Tax
Tax reform, IRS Work Plan and expedited exemptions
By Erin Bradrick
In late September, we saw the issuance of the proposed framework for tax reform and the release of the IRS Tax Exempt and Gove...
Constitutional Law, Corporate, Labor/Employment, U.S. Supreme Court
Agency shop déjà vu, again
By Arthur A. Hartinger
With the appointment of Justice Neil Gorsuch, the stage is now set for Abood to be successfully challenged, and for agency sho...
California Courts of Appeal, Construction, Civil Litigation
The original intent of the Privette doctrine
By Garret D. Murai
Lawyers are fond of their doctrines. Wikipedia lists 265 pages of legal doctrines. And that doesn't include exceptions to thos...
Administrative/Regulatory, Corporate, Transportation
Our auto recall system is seriously broken
By Jonathan A. Michaels
Last week, Nissan added its name to a long list of automotive manufacturers who have been ensnared in public controversy over ...
Administrative/Regulatory, Government, Labor/Employment, Civil Litigation
New law addresses employee retaliation action rules
By Chris Micheli
Gov. Jerry Brown recently signed Senate Bill 306, which takes effect on Jan. 1, 2018. This bill amended an existing Labor Code...
Civil Litigation, Judges and Judiciary, Law Practice
Memo to the bench: civil jury selection is different
By Antony Stuart
California judges presiding over civil trials often restrict jury selection in contravention of the law pertaining to this cri...
9th U.S. Circuit Court of Appeals, California Supreme Court, Insurance, Labor/Employment
An agent of the insurer
By Robert J. McKennon, Stephanie L. Talavera
In a recent ruling, the 9th Circuit created a rule of federal common law in ERISA cases that follows California's employee-fri...
Judges and Judiciary, Letters
LASC is innovating in the face of budget cuts
By Daniel J. Buckley
On Oct. 2, the Daily Journal ran a "Perspectives" piece titled, "Judging is hard (even for the temporary kind)," authored by a...
Judges and Judiciary, Law Practice, Civil Litigation
Plaintiffs Trial Academy helps to shape young lawyers
By Mike Arias
This program helps connect young lawyers yearning to learn with experienced trial attorneys who are willing to share.