As has been observed by commentators, the distinction between use of a name or logo in these types of situations as either hea...
International Law
Assets linked to Russian oligarchs could put California in the crosshairs
By Derek Centola, Stephanie Yonekura
Given California’s economic prowess in key sectors – agriculture, healthcare, technology and a high-priced housing market – th...
We may never know which jury verdict was correct, guilty or not guilty.
9th U.S. Circuit Court of Appeals, Health Care & Hospital Law
9th Circuit decision will thwart access to mental health care
By Robert Newman
If the Wit decision is allowed to stand, it will set a terrible precedent for other health care insurers throughout the United...
Criminal, Entertainment & Sports
Literature’s first courtroom drama: Brennu-Njáls Saga
By Mark Yohalem
The saga conjures a world in which wealth and warrior prowess – what we consider the hallmarks of a successful Viking chief – ...
Civil Litigation, Data Privacy
CPRA Series: Part V - Litigation and Enforcement
By Josh Davey, Daniel Waltz
In this fifth and final installment of our series on the CPRA, we provide an overview of expected enforcement activity, both b...
Real Estate/Development
Two years in; trends are emerging in commercial office leasing
By Daniel B. Myers
Due to the pandemic, parties entering into new leases now pay much greater attention to the force majeure provision. Tenants a...
Ethics/Professional Responsibility, U.S. Supreme Court
Why now does it seem like the fall of SCOTUS?
By A. Marco Turk
The further irony here is the historical conduct of Thomas as a member of this bench: Maintaining a low public profile, almost...
Government, Legal Education
Hastings College of the Law name change headed for a vote
By Kris Whitten
Serranus Hastings did not massacre any group of people, commit genocide, or kill or knowingly participate in the killing of an...
Appellate Practice, Law Practice
Mayday! M’aidez! You shall reconsider your thoughts about “may!”
By Don Willenburg
What about all those statutes defining may as permissive and only shall as mandatory? What makes may something other than may,...
Government, Judges and Judiciary
Educating voters in judicial elections
By Anthony J. Mohr
Bench officers have the ability to, among other things, lock someone up for life, tear families apart, and turn off life suppo...
Administrative/Regulatory, Environmental & Energy, Government
States target EPA’s revival of California Clean Air Act waiver
By Davina Pujari, Shannon Morrissey
EPA has granted waivers to California nearly continuously since the Clean Air Act was enacted in 1970. If the waiver provision...
9th U.S. Circuit Court of Appeals, Tax
When is your tax return filed? 9th Circuit tax win helps
By Robert W. Wood
The Ninth Circuit majority opinion said: “The IRS wants the ability to direct taxpayers to submit delinquent returns to its au...
California Courts of Appeal, Civil Litigation
Local rules violation should not result in waiver of jury trial
By Reuben Ginsburg
The Court of Appeal concluded that the trial court’s denial of the right to jury trial was reversible error per se, so there w...
Environmental & Energy, U.S. Supreme Court
Revival of Sackett v. EPA once again brings the definition of WOTUS to the Supreme Court
By Ana D. Schwab
The EPA and Army Corps have not solidified a definition of WOTUS and have left the field filled with uncertainty.
Judges and Judiciary, U.S. Supreme Court
Growing concern over declining respect for the rule of law: Is SCOTUS the culprit?
By A. Marco Turk
The emotional, highly charged atmosphere regarding the third branch of our government, previously insulated by public deferenc...
Appellate Practice, Data Privacy, Law Practice
CPRA Series: Part IV - Data Processing Obligations
By Ron Raether, Graham Dean
Businesses that are heavily reliant on automated decision-making technologies may want to consider adjusting their processes t...
Time to Sit Down on the CJP
By Kevin K. Green
Antitrust & Trade Reg.
Antitrust risks in business-to-business employee non-solicitation and no-hire agreements
By Michael K. Lindsey
The franchise industry has been a particular target of state administrative actions and employee lawsuits because of franchise...
Entertainment & Sports
Stream it Tonight! The Unholy Three (1930)
By Paul Bergman, Michael Asimow
Appellate Practice, Family, Law Practice
“Oh! You’re a lawyer – can I just ask you…?”
By Lawrence P. Riff
But let’s face it, most of the time the question from the civilian is about, yep, family law. And you don’t have a clue.
Appellate Practice, Labor/Employment, Law Practice
Navigating mental health and trauma issues in employment mediations
By Angela Reddock-Wright
Beyond the dollar settlement itself, a trauma-informed mediation will include the opportunity for both employer and employee t...
How fire victims are taxed depends on their circumstances, what they ultimately collect, and what they claim on their taxes.
Immigration
In San Diego, Remain in Mexico revamp is a due process disaster
By Julia Neusner
A Nicaraguan asylum seeker who had been returned to Mexico with another asylum seeker I interviewed paid $3,000 to a person in...
Government, Technology
Social media platforms need legislative intervention
By Anita Taff-Rice
This state-by-state approach is certain to create a split among the circuits, which likely means that the matter will end up i...
Appellate Practice, Law Practice
A review of Sexual Justice by Alexandra Brodsky
By Alison Somin
The controversy about the Department of Education’s guidance is somewhat different in that the due process deficits were not o...
Insurance
Multiple liability policies and who pays first
By Elliot Chen, Peter S. Selvin
Some carriers have taken the position that where multiple policies are implicated, the insured must satisfy all the deductible...