Data Privacy, Health Care & Hospital Law
Rewiring doctors’ and lawyers’ ‘HIPAA-campi’
On Jan. 21, the Department of Health and Human Services issued a notice of proposed rulemaking to modify the HIPAA privacy rul...
U.S. Supreme Court, Constitutional Law
To collect $1,200 plus interest, a Nebraska county took Walter Barnette’s land worth $25,000 and gave it to an investor. Walte...
Judges and Judiciary
The California Judges Association has established an Award that will be given every three years to an exceptional judicial out...
Civil Litigation
When the Federal Rule of Civil Procedure 23 was amended in late 2018, one of the amendments opened the door to using electroni...
Law Practice
An Interview with: Professor Ty Alper
Next in the Negotiating Trauma & the Law Series, Professor Ty Alper speaks about representing clients on death row; being ...
Appellate Practice, Judges and Judiciary
Revelations
Well-known appellate attorney Jon Eisenberg complained to the Judicial Performance Commission about delays in filing opinions ...
Government, Immigration
On President Joe Biden’s first day in office, the Department of Homeland Security announced that it would stop adding people t...
Civil Litigation
The (not so) long arm of the law
Personal jurisdiction can be a powerful tool against forum shopping by the filing plaintiff. It is imperative to spot the issu...
9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court
Do you have the right to privately support charities and causes you believe in? And what standard applies when the government ...
Appellate Practice, Immigration
Pants on fire
In two cases this term, the U.S. Supreme Court will provide guidance on how appellate courts are to review the credibility of ...
Judges and Judiciary, Law Practice
Potpourri or get it off your chest
Looks like our Democracy is intact. Whatever one’s politics or rationale for positions extreme and otherwise, the courts maint...
Government, Judges and Judiciary
Few people outside the legal profession realize that Luis Cespedes, the governor’s newly named Judicial Appointments Secretary...
California Supreme Court, Judges and Judiciary, Law Practice
When it comes to terminology that is acceptable in legal briefs and judicial opinions, the California Style Manual is the bibl...
Administrative/Regulatory
Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...
Criminal, Government
Gascón lacks authority to end cash bail
Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...
Judges and Judiciary, Law Practice
Time to end disability stigmas in judicial opinions
A well-reasoned appellate opinion came to my attention the other day. Its conclusion upheld the social decision-making rights ...
Constitutional Law, 9th U.S. Circuit Court of Appeals
9th Circuit should unseal video of historic Prop 8 trial
Footage will provide a far richer and more accurate understanding of the legal issues and evidence presented during the trial ...
Law Practice, Tax
The taxman cometh for lemon law litigants
A combination of the evolving nature of lemon law litigation in California under the Song-Beverly Warranty Act and changes to ...
Real Estate/Development, Judges and Judiciary, Law Practice
Our leaders must step up and end eviction trials now
Across the country, most judicial proceedings have ground to a halt. But not eviction cases.
Administrative/Regulatory, Constitutional Law, U.S. Supreme Court
In a recent case the Supreme Court must grapple with a question of fundamental importance to any system of popularly accountab...
Judges and Judiciary, Law Practice
301*
Granted, I made a big deal about my 300th column. When I brought it up in conversation, others would change the subject. I ack...
Administrative/Regulatory, Constitutional Law, Government
To ensure that agencies act within the law’s confines, courts, especially the Supreme Court, must hold those agencies accounta...
Government
There are typically about 5,000 federal job openings that a new administration needs to fill; prospective Cabinet and sub-Cabi...
Law Practice
Notwithstanding constitutional limitations, the Legislature has provided that in probate conservatorship proceedings — cases i...
Appellate Practice, Constitutional Law
WWLHD? (What would the Legislature have done?
Of late, the California Supreme Court has devoted a fair bit of its time to resolving ambiguities in several of the recently a...
Law Practice, Judges and Judiciary
In-person civil jury trial success in OC
The COVID-19 pandemic has forced courts all over the state to quickly adapt to new modes of operation. Civil operations in Ora...
Judges and Judiciary, Law Practice
Minor’s Compromises: a guide
Settlements are often largely within the control of the parties to structure to bring a case to resolution. However, when sett...
Next in the Negotiating Trauma & the Law series, Protima Pandey speaks about why her experiences across nonprofit, public,...
Civil Litigation, Data Privacy
Here comes a wave of data privacy litigation
Data privacy law is quickly becoming the hottest legal issue of the 2020s. Over the previous decade — amid the rapid growth of...
Military Law
Every person who served in the United States' armed forces is not a "veteran," under the law. Instead, Congress gave the Depar...