Administrative/Regulatory, Government, Health Care & Hospital Law
Health care is too complex for this quick fix
By Craig B. Garner
It is preposterous to believe the AHCA can replace not just the 906-page ACA, but also the tens of thousands of regulatory cla...
Unfortunately, their testimony is not just inconsistent, but irreconcilably contradictory.
Administrative/Regulatory, Labor/Employment
Is California moving toward completely 'blind' hiring?
By Gina M. Roccanova
Assembly Bill 168 would prohibit California employers, including public sector employers, from requesting information about a ...
Most people know marriage is supposed to be forever, but few realize divorces can feel that way, too.
Administrative/Regulatory, Intellectual Property, Law Practice
Think you know craft beer attorneys?
By Daniel J. Croxall
Craft beer lawyering, while seemingly "so cool" to some lawyers, at the end of the day is just another day at the law office m...
Government
CPUC looks to take away one escape route for public utilities
By John Aiello
Utility companies should be compelled to regularly advise residential and commercial customers of their vegetation management ...
California Courts of Appeal, Construction, Corporate
Promissory estoppel claims and public works bid disputes
By Garret D. Murai
Flintco Pacific was a clear win for public works subcontractors. However, it also creates another potential battle-of-the form...
Depending upon how a particular policy is worded, an insurer may not be entitled to rely upon the rate cap.
Administrative/Regulatory, California Courts of Appeal, Health Care & Hospital Law
Health care reform and medical malpractice
By Bruce G. Fagel
Pending legislation in Congress and a recent Court of Appeal decision have created uncertainty as to what evidence can be intr...
Assembly Bill 1541, a common sense measure that will improve voir dire in criminal cases, will be heard Tuesday in the Assembl...
San Diego Judge Joan Weber takes special care to help promising juvenile offenders rehabilitate.
Administrative/Regulatory, Government
Biometric data laws are spreading across US
By Zerina Curevac
Considering the recent wave of biometric litigation, virtual and augmented reality businesses should address the privacy risks...
Corporate, Intellectual Property
Not your garden variety trade secrets case
By James Pooley
When one of the lawyers appearing at last week's Waymo v. Uber preliminary injunction hearing said it was "not your g...
Insurance, Civil Litigation
Reservations of rights undermine attorney-client trust
By Jordan S. Stanzler
James 3, the leading case on the issue, was wrongly decided -- a "Buss reservation" breaks the bonds of trust between attorney...
Attorneys may not realize that post-incident ratification can serve as a basis to impose vicarious liability as well as puniti...
A recent decision held that a defendant can introduce evidence that health benefits under the Affordable Care Act are availabl...
Appellate Practice, California Courts of Appeal
Ruling is a change of course on mandatory relief
By David J. Ozeran
The most recent appellate opinion to address "mandatory relief" under CCP Section 473(b) was authored by Justice Paul Turner -...
9th U.S. Circuit Court of Appeals, Labor/Employment
Past salary and pay equity in the 9th Circuit
By Emily Burkhardt Vicente, D. Andrew Quigley
Is an employer who pays every new hire 5 percent more than his or her prior job lawfully setting salaries based on a "factor o...
California Courts of Appeal, California Supreme Court, Law Practice
Justices appear divided on fee clause interpretation
By Louie H. Castoria
The issue was clearly stated: "Can a party's assertion of an affirmative-defense trigger a clause that awards attorney's fees ...
Senate Bill 258, the Cleaning Product Right to Know Act of 2017, would require that chemicals used in everyday cleaning produc...
Appellate Practice, Law Practice
No anti-SLAPP jurisdiction, no problem
By Charles M. Kagay
The California Supreme Court had an opportunity to wrestle with ancient Greek paradoxes in a unique anti-SLAPP/attorney discip...
We have 800 and some days left in Jerry Brown's tenure to get this message to him. If anyone should be granted clemency, why a...
San Diego County Judge Kenneth So goes out of his way to make attorneys, jurors comfortable ...
No matter how prepared one is, sometimes new information still comes out for the first time during the mediation.
Ethics/Professional Responsibility
Imputation of conflicts of interest (Rule 1.10)
By Alison Buchanan
Among the new proposed Rules of Professional Conduct, Rule 1.10 represents, at least in part, a significant shift for Californ...
Administrative/Regulatory, Health Care & Hospital Law, Law Practice
Killing HIPAA
By Craig B. Garner
Today's war to save health care must make some difficult decisions. Seemingly drastic at first blush, getting rid of he Health...
Administrative/Regulatory, Family, Health Care & Hospital Law
Health care reform could have big impact on fertility treatment
By Evie P. Jeang
Although the Affordable Care Act is still in place for now, the future of health care in the U.S. is uncertain. That uncertain...
State Bar & Bar Associations
...and justice for (those who can afford it)
By Jonathan A. Goldstein
Nineteen years ago California voters set in motion the dismantling of our state's judicial system and the resulting transfer o...
Law Practice
California loses with a politicized attorney fees system
By Richard A. Schulman
As a recent opinion shows, the private attorney general fee award is an asymmetric fee system.
State Bar & Bar Associations, Law Practice
Bar passage and social justice at Whittier
By Neil H. Cogan
Despite what some reports are saying, Whittier Law School is not closing because its students failed to satisfy the ABA's bar ...