GUEST COLUMNS
Friday, November 24, 2023
Wednesday, November 22, 2023
Tuesday, November 21, 2023
Monday, November 20, 2023
There are far too many cases in which the Contractor's State License Board has wrongly failed to suspend related licenses, instead letting the offenders unlawfully maintain related licenses while shirking their responsibility to pay judgments against them.
Qualified immunity only serves to deny our clients' Constitutional rights and there is good case law on our side in the 9th Circuit in most cases. When considering whether to take on a case or where it should be filed, it is important to research the key qualified immunity cases to show that the conduct of the police violates clearly established law, which is what is needed to defeat summary judgment and get your case to a jury.
Friday, November 17, 2023
The legal community has seen the emergence of a new law firm structure – virtual or distributed law firms – which allows lawyers to work from any location, set their own hours, billing rates and billing requirements, and provide a lean, non-bureaucratic administrative model.
Wednesday, November 15, 2023
Tuesday, November 14, 2023
Although The Hague Convention is not a topic we deal with every day, the core values of the Convention are topics that we deal with in nearly every child custody case.
At the heart of the dispute is plaintiff Lucian Filler's claim that he was fired in March 2021 after he "identified several areas of fiscal and administrative waste, fraud, and abuse, and reported his findings.
Monday, November 13, 2023
The death of a man who followed outdated Google Map directions poses the question of whether GPS technology should be considered a product or service for purposes of pursuing a strict liability theory.
Thursday, November 9, 2023
Tuesday, November 7, 2023
The heavy penalties for noncompliance have been labeled "extortion" by Pharma. They have also been called "turning up to a fight where only one side has a gun." But Medicare is a completely voluntary program and pharmaceutical companies are not forced to participate in it.
Monday, November 6, 2023
Voluntary cessation in No-Fly-List cases: Will the Supreme Court let a more lenient standard for the government fly?
The appeals court noted that the trial court did not have to find that the plaintiff's counsel's comments or behavior directly caused an increase in the defendant's costs or the plaintiff's requested fees. In the future, other courts may find themselves drawn to this larger "efficiency" theme.
Friday, November 3, 2023
Understanding the limitations on government employees' speech is essential to maintaining the integrity of government institutions, because government employees are often the best situated to identify government waste and corruption.
Opting for patents or trade secrets for your intellectual property come with distinct legal implications and protective scopes.
Why can't California build enough housing to meet its demand, even though the state's population is declining?
In June, the Little Hoover Commission suggested that California's short-lived pollutant reduction law, Senate Bill 1383, a first-of-its-kind legislation aimed at reducing organic waste in landfills, should be paused.
Thursday, November 2, 2023
In California, following Kuciemba v. Victory Woodworks, Inc., the law on "take-home COVID" has been settled: Employers are not liable when COVID-19 spreads from the workplace to their employees' households.
California may have good public policy arguments for banning the most commonly-owned types of rifles in the country, or all guns for that matter. But those interest-balancing arguments are simply not relevant in light of the Supreme Court's decisions in Heller, and more recently in Bruen.
In 1932, U.S. President Herbert Hoover established the federal Wickersham Commission to investigate law enforcement in the U.S. The commission decried California's criminal procedure as "shocking to one's sense of justice" and separately described the Mooney prosecution as based on deliberately concealed information and on perjured testimony.
Wednesday, November 1, 2023
The U.S. Supreme Court should seize the opportunity to adopt the Restatement with respect to maritime contracts.
At the top of employers' minds are bills that impact the validity of non-compete agreements (reaching beyond state lines), increase paid sick leave allotments and accrual caps, relate to employment restraining orders and workplace violence prevention plans, and raise minimum wages for health care workers, just to name a few.
Tuesday, October 31, 2023
Although Elster's constitutional challenge is only as-applied, the decision could impact applications to register names of any living individual.
Monday, October 30, 2023
These three cannabis bills are meant to encourage participation in, and the lawful operation of, the licensed market by increasing flexibility for licensed cultivators, increasing enforcement against unlicensed operators, and beginning to address the worker exploitation problem in the California cannabis industry.
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