The United Farm Workers Union was trying to organize orchard workers in the Yuba-Sutter area. California Rural Legal Assistanc...
Looking at the provision for divorce under Iranian Law and Procedure provides a road map for comparison. The Iranian law recog...
Government, Land Use
Last minute legislation threatens public’s right to know impacts of projects
By Todd T. Cardiff
Ostensibly part of the Governor's "infrastructure" plan, the bill takes aim at CEQA's disclosure requirements - particularly a...
Wills, Estates & Trusts
Revisiting the tangled rules for modification of revocable trusts
By Mark J. Phillips, Jake V. Phillips
While the process of revocation is better understood, the rules for modification under § 15402 continue to be the subject of l...
Insurance
Antiquated war exclusion does not bar coverage for $700M cyber insurance claim
By Robert Wallan, John Chamberlain
Unfortunately, the insurance industry continues to pursue the sale of policies that rarely provide coverage. In response to th...
Entertainment & Sports
Stream It Tonight! "Rumpole of the Bailey" (1978-1992)
By Paul Bergman, Michael Asimow
Gentle parody rules in this 44-episode British television criminal justice series.
Criminal, Family
Coercive control in domestic violence restraining orders
By Joseph M. Lipner
The coercive control provisions of the statute provide important safeguards for victims of domestic abuse where the perpetrato...
Intellectual Property, U.S. Supreme Court
Did the U.S. Supreme Court take a bite out of the Rogers test in a dog toy case?
By Ashfaq G. Chowdhury
Justice Elena Kagan took greatest issue with what she characterized as the Ninth Circuit's undue expansion of the protection o...
The result of this case should be further proof that the grant of a profits interest to a lower-tier partnership, including th...
Government, U.S. Supreme Court
U.S. Supreme Court issues important decision on False Claims Act knowledge requirement
By Matthew D. Benedetto, Davina Pujari
The Court's decision is notable for its articulation of "reckless disregard," the lowest of the FCA's scienter standards. What...
Intellectual Property, U.S. Supreme Court
Is Rogers v. Grimaldi dead? No! but ...
By Bruce Isaacs
If the infringer’s use is not a primary trademark use as a commercial product to identify or distinguish source, and is instea...
Labor/Employment
Workplace fairness: a needed legislative priority
By William M. Crosby
Just as objective standards of right and wrong conduct rooted in the common law are the basis of the civil and criminal codes,...
Criminal, Family
The unforeseen impact of restraining order laws on Hollywood divorces
By Holly J. Moore
In 2020, domestic violence was redefined to encompass ‘coercive control.’ The new law significantly eased the process of obtai...
The Barber and Ranen emails should be viewed as an opportunity to reflect on the dismal state of civility in the legal profess...
9th U.S. Circuit Court of Appeals, Civil Procedure, Securities
Severed securities-related portion of dissolvable pills case may end up in Canadian court
By Rachel Jari Feldman, Deema Abini
The Ninth Circuit is set to hear an appeal of dismissal of foreign securities claims for forum non conveniens.
Labor/Employment
Fiduciary duty applies to employee retirement benefit plans
By Robert J. McKennon
Morris is significant because it changed the landscape of ERISA fiduciary duty law on these types of issues in a favora...
It feels strange to celebrate decisions that do not change the law or provide any greater protection of civil rights than exis...
Ethics/Professional Responsibility
Duty creep: the expanding obligations of attorneys to nonclients
By Wendy Thomas
The Gordon court's caveat that liability would extend to a decedent's beneficiaries only when the client's intent is "c...
Land Use, U.S. Supreme Court
The U.S. Supreme Court gives new contours to the term "wetland" in Sackett v. EPA
By Maureen F. Gorsen, Caleb J. Bowers
The Sackett opinion reinforces a recent trend focused on narrow textual readings of statutory requirements and reining ...
Ethics/Professional Responsibility, Law Practice
Lewis Brisbois is the pot calling the kettle black in the Barber Ranen fiasco
By Benjamin T. Ikuta
Lewis Brisbois did not reveal these emails out of some desire to raise awareness of racism or sexism. Like a jilted, jealous, ...
Alternative Dispute Resolution, Insurance
The arbitrator has a right under the law to award judgment over and above UM/UIM policy limits
By Albert Abkarian
In most cases you should file a motion to prevent the policy limits from being mentioned in the brief to the Arbitrator. I str...
There are exceptions. Before 2021, student debt cancellation was generally considered a form of income, and therefore taxable ...
Constitutional Law, Technology
Will Montana's TikTok ban pass constitutional muster?
By Amanda K. Perez
The State of Montana, through the passage of Senate Bill 0419, has found itself juggling its protection of Montanans by bannin...
Judges and Judiciary
The anatomy of settling a civil rights case
By Louise A. LaMothe, Michael R. Wilner
We know the applicable law, review the District Judge’s rulings, and learn the facts. If there is bodycam footage, we get it a...
Criminal, U.S. Supreme Court
Aggressive federal fraud prosecutions based on broad intangible rights theories reined in by the Supreme Court
By Matthew E. Sloan, Matthew J. Tako
Ciminelli and Percoco are the latest chapter in a long running tug of war between the Court and prosecutors to d...
Torts/Personal Injury
Implied assumption of risk in sports activities
By Reza Torkzadeh, Allen P. Wilkinson
A defendant’s duty depends on the nature of the sport or activity and its inherent risks. A defendant has no duty to eliminate...
Securities, U.S. Supreme Court
Supreme Court limits claims for direct listings
By Jared L. Kopel
In remanding the case to the 9th Circuit for further consideration, the Court dropped a tantalizing footnote suggesting that t...
Civil Rights, Constitutional Law, U.S. Supreme Court
Voting rights decision restores protection for minority voters and Supreme Court bipartisanship
By James J. Brosnahan
The majority that supported this opinion could not have found a better case to establish that they are not just a political co...
Constitutional Law, U.S. Supreme Court
Sentiments to protect access to firearms may finally be changing
By A. Marco Turk
The U.S. Supreme Court has acknowledged that the government may regulate “assault weapons and large-capacity magazines.” At le...
This week, it appears the #MeToo reckoning has reached the legal community; something that lawyers should all welcome a...