Labor/Employment
Employers can't stop harassment if it doesn't exist
By Timothy D. Reuben, Michael Hirota
A recent decision provides welcome guidance about when an employer is liable for failing to prevent sexual harassment or discr...
Next week, the U.S. Supreme Court will consider whether to grant review in an important case concerning student speech. ...
Environmental & Energy
Ruling complicated use of CEQA's categorical exemptions
By Donald E. Sobelman, Nicole M. Martin
Some exemptions from CEQA do not apply if there's a reasonable possibility of a significant effect on the environment due to u...
As a recent misclassification case against ride-sharing service Lyft shows, our labor laws were written for a different centur...
Alternative Dispute Resolution
A scoop of mint chocolate chip mediation
By Jill Switzer
Picking a mediator can be overwhelming - kind of like standing in front of the supermarket ice cream freezer. ...
Intellectual Property
Can I trademark this sick song lyric?
By Jocelyn M. Belloni, Sharoni S. Finkelstein
Taylor Swift recently made headlines for attempting to register her song lyrics as trademarks. By Jocelyn M. Belloni and Sharo...
Construction, Contracts, Government, Civil Litigation
Losing bidders can sue when winners don't pay prevailing wages
By Michael J. Maurer
A court recently held the plaintiffs could state a cause of action if the winning bidder was able to submit a lower bid becaus...
Administrative/Regulatory, Intellectual Property
Biosimilar approval a groundbreaking step
By Michelle Rhyu, Susan Krumplitsch
The Food and Drug Administration recently approved the first biosimilar drug for use in the United States. By Michelle Rhyu an...
The shoemaker recently dropped a legal bombshell on dozens of companies, claiming they are infringing upon signature elements ...
Labor/Employment, U.S. Supreme Court
Agency shop's last dance?
A case pending in the U.S. Supreme Court could alter the legal landscape for public sector labor unions. ...
Chief Justice Earl Warren once told me that in reading the newspaper, he always read the sports page first to read about mans'...
State Bar & Bar Associations, U.S. Supreme Court
A ruling worth the State Bar's attention
By Robert C. Fellmeth
We can predict that the bar will view a recent high court ruling as an ephemeral nightmare or falsely rationalize that it does...
Constitutional Law, U.S. Supreme Court
Creeping libertarian constitutionalism at US high court
By Ilya Somin
Until recently, few legal commentators paid much attention to libertarian thought on constitutional issues.
Labor/Employment
ERISA ruling is bad news for plaintiffs, could create split
By Michelle L. Roberts
The majority held that ERISA bars tandem claims for benefits and breach of fiduciary duty claims brought, where the latter is ...
Over five years after the filing of an action challenging California's Unsafe Handgun Act, last week a federal district court ...
Law Office Management, Law Practice, Mergers & Acquisitions
Diligence curbs conflict in law firm mergers
By Randall A. Miller, Shawn Shaffie
Among the many risks inherent in law firm combinations is ensuring the amalgam does not run afoul of ethical rules prohibiting...
Administrative/Regulatory, Environmental & Energy, Government
Another front in war on fracking
By Michael N. Mills, Shannon L. Morrissey
The Center for Biological Diversity recently sued several federal agencies for issuing permits to drill of the coast of Califo...
Is the president personally responsible for all of the crazy tax proposals in his budget? Maybe not, but there's a lot of back...
U.S. Supreme Court
States must reassess regulatory boards
By Daniel G. Swanson, Blaine H. Evanson
Last week, the U.S. high court ruled that state boards helmed by active market participants must be actively supervised to inv...
Criminal, Government, Letters
'Epidemic' in need of an intervention
By Jeffrey A. Aaron
The truth is not that it's good there's so little prosecutorial misconduct; the truth is that it's bad there's any. ...
California Courts of Appeal, California Supreme Court, Constitutional Law, Criminal
Your genetic privacy at stake
By Elizabeth G. Joh
Should the police be able to collect evidence against you without a legally required reason or a warrant, but just because you...
The Los Angeles city attorney recently announced that his office was stepping up their enforcement of those who violate the Kr...
Intellectual Property
Power play between Congress and courts over patents
By Stuart Meyer
For several years now, Congress has been promising to address patent litigation abuse, but judges have expressed concern that ...
Criminal, Government
Prosecutorial misconduct is sad, but not an epidemic
By Gregory D. Totten
Those rare instances in which prosecutors lie or cheat are painful. But I am also offended when people describe these aberrati...
Please enjoy your stay in the Justice Arthur Gilbert Loading Zone.
California Lawyer - Legally Speaking: Eva Paterson
An interview with the president and co-founder of the Equal Justice Society.
Five lawyers discuss their stress-relievers.
As the FDA drafts federal e-cigarette rules, it faces a key question: Can vaping reduce nicotine dependence, or is it a gatewa...
California Supreme Court, Environmental & Energy
Environment on the justices' minds
By Richard M. Frank
The California Supreme Court's recent focus on environmental cases is unprecedented in the court's history.
Alternative Dispute Resolution
Seemingly trivial matters can derail talks
By Robert S. Mann
It is surprisingly often the case that a seemingly trivial matter can derail mediation at the 11th hour. ...