Constitutional Law, California Courts of Appeal, U.S. Supreme Court
Retroactive tort liability and the First Amendment
Why were three companies singled out to pay an enormous “public nuisance” bill? Because in the first half of the 20th century,...
Law Practice
The need for greater access to legal representation
We will never win the war on poverty in America unless we solve the problem of legal aid first.
Real Estate/Development
Pop-up retailers: A landlord’s perspective
Pop-up shops are here to stay; the following is a list of characteristics that should be considered by a landlord interested i...
Alternative Dispute Resolution, Labor/Employment
With just 11 full-time and part-time DFEH mediators, there are far more cases in California that we can assist.
Constitutional Law, U.S. Supreme Court, 9th U.S. Circuit Court of Appeals
A right to bear arms, and no other rights
If Brett Kavanaugh's views becomes the law in more cases like Young v. Hawaii, the right to bear arms is at risk of swallowing...
Military Law, Criminal
No remedy for our veterans
Defense attorneys in California often are ignoring statutes enacted specifically to help our veterans transition back into pro...
California Supreme Court, Judges and Judiciary, Law Practice, Civil Litigation, Appellate Practice, California Courts of Appeal
A riddle (almost) as old as California
How many judges does it take to finally adjudicate a claim or issue in a case that goes up on appeal?
Law Practice
Tips for newly minted in-house counsel
The road to success for in-house counsel is not about how to survive this corporate jungle, but rather, how to make your mark.
Much of the commentary ignores the fact that the unions had no power to take workers’ wages without state statutes authorizing...
This column marks the 30th anniversary I have been grinding out, I mean writing, columns for the Daily Journal.
Back in the 1980s the California Supreme Court was depublishing a large number of Court of Appeal opinions. It prompted an art...
Civil Litigation, Labor/Employment, California Supreme Court
Who’s an employee? The impact of Dynamex
Earn MCLE credit reviewing the decision, as well as its potential impact on employees and employers, including the likely effe...
Administrative/Regulatory
Problems with the California Consumer Privacy Act
The act would penalize a company for suffering a preventable data breach; entitle a consumer to learn what data a company has ...
In my civil court, there is a document that I routinely order removed when it appears in trial exhibit books: requests for adm...
Law Practice, Administrative/Regulatory, Government, Health Care & Hospital Law
Other government agencies provide notice to attorneys -- why can't the VA?
Alternative Dispute Resolution, Judges and Judiciary, Civil Litigation
I write on the most common discovery problem — and propose an unusual solution: baseball arbitration.
Earn MCLE credit learning about how to avoid disclosing documents that your company never expected to see the light of day
Alternative Dispute Resolution, Law Practice, Civil Litigation
To settle or not to settle with a joint tortfeasor?
Before you pursue a partial settlement though, either on the defense or plaintiff’s side, it is important to understand the im...
Judges and Judiciary
Judge recalls threaten impartial judiciary
The recent recall of Judge Aaron Persky -- the first recall of a California in 86 years -- is a serious assault on judicial in...
California Supreme Court, Constitutional Law, Labor/Employment, U.S. Supreme Court
While California farmers are the most recent casualty of state overreach, without the protection of the class-of-one doctrine,...
As the legal field tries to keep pace with medical advancements, complicated and interesting cases arise.
Government, Health Care & Hospital Law, Law Practice
How the JD-MD duo is the modern day Batman and Robin.
For attorneys, being sued for legal malpractice can give rise to a host of emotions, ranging from embarrassment to guilt to an...
Civil Rights, Constitutional Law, U.S. Supreme Court
Kennedy cuts a narrow slice of cake
Just in time for June nuptials, the U.S. Supreme Court on Monday issued the long-awaited decision in Masterpiece Cakeshop.
Good luck to the worthy judicial officers who deserve your vote tomorrow.
Government, Judges and Judiciary
Keep politics out of it on Tuesday
A fair and impartial judiciary is a cornerstone of our democracy. Yet, throughout our state, keeping the courts free from the ...
9th U.S. Circuit Court of Appeals, Civil Litigation
A recent 9th Circuit decision aptly illustrates the uncertain future of California’s anti-SLAPP statute in federal cases.
Constitutional Law, Entertainment & Sports, Government, Immigration
Sports betting ruling and sanctuary cities
Undoubtedly, California will cite the case to shield against the United States’ lawsuit challenging the state’s sanctuary citi...
Constitutional Law, Criminal
In the excitement over the Golden State Killer, we shouldn't lose sight of the urgent need for legal rules to govern access to...
California Supreme Court, Constitutional Law, Criminal, U.S. Supreme Court
Divorcing the message from the messenger
Napoleon is probably not the one to lead a Ted talk about how to win a land war in Europe, but should the approach be any diff...