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Cheryl Miller, based in Sacramento, covers the state legislature and emerging industries, including autonomous vehicles and marijuana. Contact her at cmiller@alm.com. On Twitter: @CapitalAccounts
April 20, 2018
What do President Trump's statements on marijuana might mean for state-legalization efforts? Plus, California is trying—again—to find a banking solution for cannabis businesses and a marijuana law boutique expands to meet demand.
April 16, 2018
The judicial commission in 2016 sued to block the first-ever audit, arguing that conflicting laws could make records improperly subject to public disclosure.
April 13, 2018
"The current rule does not make it clear enough that these records should be disclosed," Chief Justice Cantil-Sakauye said this week.
April 12, 2018
New York City-based Acreage Holdings, which operates marijuana businesses in 11 states, has a surprising new ally, and the FDA is seeking public comment on marijuana's classification as a Schedule 1 drug.
April 11, 2018
Los Angeles County Judge John Lord was publicly admonished for talking to a reporter about a pending case and for publicly suggesting prosecutors gave preferential treatment to a white domestic violence victim.
April 11, 2018
"So why do you care if there's an injunction against the actions that you're disavowing?" Chief Judge Sidney Thomas asked Readler, the acting head of the Justice Department's Civil Division in Washington.
April 10, 2018
"The public has a right to know how the judicial branch spends taxpayer funds," Chief Justice Tani Cantil-Sakauye said Tuesday.
April 06, 2018
If the pilot programs are approved, the utility commission will begin crafting "a broader framework" allowing companies to accept paying passenger.
April 06, 2018
The plaintiff states will divide the settlement funds. California, Connecticut, New York, Georgia and the District of Columbia were among the states that challenged the proposed $54 billion tie-up.
April 06, 2018
The plaintiff states will divide the settlement funds. California, Connecticut, New York, Georgia and the District of Columbia were among the states that challenged the proposed $54 billion tie-up.
April 02, 2018
"We cannot ignore the safeguards built into the DNA Act," the majority ruling said.
March 30, 2018
Prop 65 is a regular target of business groups who say its private-right-of-action provisions and far-ranging scope leads retailers and manufacturers to post so many warning signs that consumers have come to ignore them.
March 29, 2018
California Attorney General Xavier Becerra wanted the DOJ suit moved to San Francisco, where a judge is hearing the state's challenge to a Trump administration proposal to deny law enforcement grants to cities and counties that do not cooperate with federal immigration agents.
March 27, 2018
In providing the sexual harassment settlement amounts in aggregate, lawyers for the Judicial Council declined to identify the judges, the terms of the settlements or the nature of the allegations.
March 27, 2018
If Uber chooses to restart its testing program in California, "Uber must apply for a new vehicle testing permit," state motor vehicle regulators said.
March 23, 2018
According to information released to The Recorder Friday, since 2011 the Judicial Council of California has paid $296,000 to resolve three sexual harassment complaints against judges and $225,000 to resolve two complaints against employees.
March 21, 2018
A federal magistrate judge says he intends to permit California to depose two officials—Thomas Homan, the Trump administration's pick to lead the U.S. Immigration and Customs Enforcement, and Todd Hoffman of the U.S. Customs and Border Protection department—as part of the suit seeking to block California's immigration laws. The judge told U.S. Justice Department attorneys to make sure the officials bring documents with them to the depositions.
March 21, 2018
The appellants are trial court judges who were elected in the summer of 2012 but whose new terms did not start until Jan. 7, 2013, six days after the pension changes went into effect.
March 19, 2018
"On the national front we have unprecedented disruption, attacks on the free press, threats to the rule of civility and the rule of law and judicial independence," the chief justice said Monday.
March 19, 2018
According to police officials in Tempe, Arizona, an autonomous Uber car with a safety driver behind the wheel last night struck and killed a woman crossing the street outside a crosswalk.
March 16, 2018
Cryptocurrencies and alternative payment companies are eyeing the state-legal cannabis industry, a market that remains shunned by traditional banks.
March 16, 2018
Tech companies find some comfort in protections accorded by Section 230 of the Communications Decency Act. Weedmaps, which helps consumers connect with marijuana dispensaries, is the latest to throw up that shield in the face of regulators.
March 13, 2018
"It's been a pretty wild ride and the last seven months have been no exception. Generally there's a lot of things Nevada does really well, and at the top of that list are just a number of highly regulated industries," says Melissa Waite of Jolley Urga Woodbury Holthus & Rose.
March 12, 2018
The U.S. Justice Department and the California Attorney General's Office fired off a round of arguments over scheduling and venue for the government's big immigration case against the state. U.S. District Judge John Mendez in Sacramento wasn't having it. On Monday, he told the attorneys to knock it off.
March 09, 2018
Bar leaders say the agency doesn't have the estimated $15.5 million to pay for the new fingerprints and ensuing background checks, so they're passing along the costs to members.
March 08, 2018
Steven Bailey, the retired El Dorado County judge now running for attorney general, suggests a state disciplinary investigation tied to his tenure on the bench "was timed to coincide" with his campaign for the Republican nomination.
March 07, 2018
U.S. Attorney General Jeff Sessions: "California is using every power it has—and some it doesn’t—to frustrate federal law enforcement." California Gov. Jerry Brown responded: "This is basically going to war against the state of California." Meet U.S. District Judge John Mendez, who was assigned to preside over the blockbuster suit.
March 05, 2018
Gov. Jerry Brown's still mulling a Supreme Court pick, nearly a year after Kathryn Mickle Werdegar announced she was stepping down.
March 01, 2018
Despite projections of a $7 billion state marijuana industry, major banks and credit unions are still wary of attracting the scrutiny of federal regulators if they accept deposits tied to cannabis-related businesses.
February 27, 2018
Gov. Brown's appointments include partners from Jones Day; Orrick, Herrington & Sutcliffe; Irell & Manella; Gordon Rees Scully Mansukhani; and Perkins Coie.
February 27, 2018
Sandra Brown, the former acting U.S. attorney for California's Central District, has joined the Beverly Hills tax firm Hochman, Salkin, Rettig, Toscher & Perez.
February 26, 2018
Assemblyman Adam Gray, D-Merced, has introduced legislation that would require most active lawyers in the state to provide at least 25 hours of free legal services each year. Attorneys could opt out of the requirement—if they pay $500 to the state bar's legal aid program.
February 22, 2018
The law firms Gibson, Dunn & Crutcher and Van Dermyden Maddux concluded Sen. Tony Mendoza had "more likely than not" acted in a "sexually suggestive" way toward five employees and a lobbyist.
February 21, 2018
The Commission on Judicial Performance has initiated disciplinary proceedings against a recently retired El Dorado County judge who is now seeking the GOP nomination for state attorney general.
February 20, 2018
"We are already dedicating a lot of our enforcement staff just on advertising because it is that important," Lori Ajax, chief of the Bureau of Cannabis Control, said.
February 16, 2018
Andrew Weitz of Encino was originally scheduled to go on trial this month on 52 counts of professional misconduct.
February 15, 2018
"This Kafkaesque process is the Senate’s response to the #MeToo movement," according to the complaint, filed by the Sacramento firm Downey Brand.
February 15, 2018
Scott, a former Orrick partner, has already taken the reins of the attorney's office in the 34-county Eastern District.
February 14, 2018
Under the new agreement, traffic experts and law enforcement officials can view the data so long as the city shields the information from public disclosure.
February 13, 2018
"One good public verdict will do more to deter sexual harassment than 100 arbitrations," said Cliff Palefsky, an employment law specialist at McGuinn, Hillsman & Palefsky in San Francisco.
February 08, 2018
Meet Beverly Hills tax attorney Charles Rettig, a name partner at Hochman, Salkin, Rettig, Toscher & Perez.
February 06, 2018
Eleven groups press the court to drop a requirement that lawyers who practice in the district be admitted to the State Bar of California.
February 05, 2018
The Recorder catches up with Brad Johnson of Sacramento's Harrison, Temblador, Hungerford & Johnson. "This has been a trying time for us as attorneys because there's not a great deal of assurance in some of the guidance we're providing our clients," he says. "And the best that we can do is continually refer back to and rely on the actual statutory text and the text of the emergency regulations as support for what we're saying."
February 01, 2018
Marijuana businesses and related trade associations spent more than $1.6 million in 2017 lobbying. Here's a look at some of the shops that got the work.
February 01, 2018
The U.S. attorney general's cancellation of the Cole memo "does not mean that petitioners now face an elevated danger of self-incrimination by cooperating with the IRS audits," a Justice Department tax lawyer tells a Colorado judge.
January 30, 2018
"Jeff Sessions has taken us steps backwards," state Treasurer John Chiang said. "And so it's crystal clear that we're going to have to face some additional challenges."
January 29, 2018
Nontraditional payment service providers are flocking to serve state-legal cannabis markets that remain largely shunned by major banks.
January 24, 2018
Patrick Soluri and Osha Meserve, representing the California Growers Association, a six-year-old coalition of cannabis farmers, have asked a Sacramento County Superior Court judge to block the state from issuing multiple small-scale cultivation permits to a single person or business.
January 23, 2018
"It's time for him to leave the bench and I am confident that in June the voters will agree," recall proponent Michele Dauber, a Stanford Law School professor, said.
January 23, 2018
Who says California's bar exam is too tough? Not graduates of University of Chicago Law School. All 28 Chicago alumni who took the bar exam for the first time in July 2017 passed.
January 19, 2018
The state Department of Justice plans to hire 18 of the 19 new attorneys allocated in the 2017-18 budget by the end of February. Those attorneys—14 deputy attorneys general and five supervisors—are part of the 31 new positions and $6.5 million in extra funding.
January 17, 2018
As Uber ventures into non-emergency patient transport, a Washington lobbyist will focus on compliance matters, HIPAA and health care policy as it relates to ride-sharing and innovation.
January 16, 2018
The office of Secretary of State Alex Padilla began accepting applications for marijuana-related trademarks earlier this month.
January 16, 2018
"I have decided not to contest certain allegations and agree to resign," Judge Elizabeth W. Johnson said in a letter. "This is so voters can make a reasoned and informed choice about who should be their next judge without distractions about me."
January 12, 2018
"If absolute immunity is not granted to the taxpayer, there will be a full claim of Fifth Amendment privilege," lawyers for the dispensary said in court papers in Colorado this week.
January 11, 2018
Arnold & Porter Kaye Scholer's David Reis, who heads the firm's labor and employment practice, cautioned against such a move. Changing harassment laws would prove "a very clumsy way to shape human behavior," he told a legislative committee.
January 10, 2018
"With this proposed budget, the courts will be better equipped to truly provide access to justice for all," Chief Justice Tani Cantil-Sakauye said.
January 04, 2018
Cole, now a Sidley Austin partner, said he thought his namesake Justice Department memo outlined "a valid policy and was moving things in the right direction."
January 04, 2018
John W. Vardaman III says Sessions' rescission of Obama-era guidance on marijuana puts U.S. attorneys "in a very tenuous position."
January 03, 2018
Wilke Fleury's Robert Lamb responds: "Our firm fully supports the movement to address sexual harassment and adamantly denies any suggestion that we have mistreated any employee for his or her involvement in such movement."
January 03, 2018
McGregor Scott, formerly a white collar partner at Orrick, Herrington & Sutcliffe, was sworn into office Dec. 29 in Sacramento a day after U.S. Chief District Judge Lawrence O'Neill ordered his appointment. Separately, U.S. Attorney General Jeff Sessions named Gibson Dunn's Nicola Hanna to serve as the interim U.S. attorney for the Central District of California.
December 28, 2017
"Our first duty as attorneys is to our clients and the ethical rules that apply to us," Khurshid Khoja, founder of Greenbridge Corporate Counsel said. "We are licensed by the state and it's our duty to protect confidentiality and to keep our clients safe." He added: "We can't have banks interfering with that."
December 27, 2017
Four Bay Area law schools posted double-digit gains in bar exam pass rates for the July 2017 test, according to school-specific numbers released by the state bar. Here's a by-the-numbers look at how California schools performed.
December 14, 2017
Gibson Dunn will work with Sacramento-based Van Dermyden Maddux Law Corp. and that firm's senior partner, Deborah Maddux, on the two-year contract. The firms will field complaints from a newly established telephone hotline and an online portal, investigate allegations and report their findings to the Senate Rules Committee.
December 12, 2017
As wildfires ravage Southern California, the State Bar of California has filed disciplinary charges against a Bay Area attorney who allegedly withheld $400,000 in settlement funds from victims of a 2006 fire.
December 11, 2017
Chief Justice Cantil-Sakauye and the judiciary's chief administrative officer address workplace misconduct allegations against Conrad Rushing, who resigned from the Court of Appeal, Sixth Appellate District, effective Dec. 4.
December 11, 2017
The Pharmaceutical Research and Manufacturers of America, represented by Arnold & Porter Kaye Scholer and Downey Brand, want a judge to declare California's law unconstitutional.
December 08, 2017
The Washington Post reports that six former clerks and externs raised issues with the former chief judge's comments and behavior.
December 07, 2017
Daniel Potter, the Sixth District clerk, declined to answer any questions about the allegations. "The court will not be commenting on any personnel matter," Potter said.
December 06, 2017
Conrad Rushing, the presiding justice of the Sixth District Court of Appeal in San Jose for the past 14 years, resigned this week while facing allegations of sexual harassment and discrimination against female employees, according to a report by the San Jose Mercury News.
December 06, 2017
Beth Mills, senior vice president of communications and marketing at the California Bankers Association, said the organization is sympathetic to state regulators trying to find a marijuana banking fix, but the special bank proposal doesn't go far enough.
December 06, 2017
"It'll be so interesting," Stanford law professor Pamela Karlan says. "And it won't be the typical two-second talking-head slogans. We're really trying to avoid slogans."
December 04, 2017
A lawyer for Matt Dababneh, D-Woodland Hills, previously threatened to sue lobbyist Pamela Lopez if she went public with "false" accusations.
December 01, 2017
A state appellate court on Friday refused Santa Clara County Superior Court Judge Aaron Persky's request to block recall proponents from collecting ballot-qualifying signatures.
November 30, 2017
Orrick, Herrington & Sutcliffe partner McGregor Scott, nominated by President Donald Trump to serve a second stint as U.S. attorney in California's Eastern District, reported earning more than $5.7 million in partner distribution and bonuses, according to newly disclosed financial records.
November 29, 2017
State legislators are reeling amid a storm of harassment accusations made by legislative staffers, lobbyists and private consultants who say a culture of misconduct pervades the Capitol.
November 22, 2017
Now, once again, anyone can see the names of those who scored a coveted 144 or higher on the California bar exam, as well as their home zip codes.
November 21, 2017
Uber Technologies Inc.'s admission Tuesday that it waited a year to disclose a massive data breach could put the company in the crosshairs of a California law that mandates prompt notification—both to the public and to state regulators—of significant cyberattacks.
November 20, 2017
The pass rate on California's July bar exam may have risen to a five-year high but one dean says the state remains on "a wayward path" by holding on to a score requirement that is the second highest in the country.
November 17, 2017
The percentage of prospective lawyers who passed California's July bar exam crept upward to 49.6 percent, ending a three-year skid in scores marked last year by the lowest pass rate—43 percent—in three decades.
November 16, 2017
California on Thursday unveiled its latest set of marijuana regulations—this time, emergency rules that will guide the legalized recreational market when it opens in January. Here are a few takeaways from the emergency regulations presented to the committee on Thursday.
November 13, 2017
Missouri's attorney general on Monday launched an investigation into Google Inc., questioning whether the search engine company's data-collection and privacy practices violate state consumer protection laws.
November 13, 2017
California's state Senate, ending its role of overseeing sexual harassment complaints internally, is in the market for a law firm.
November 07, 2017
After a year of meetings and hearings, California's working group on marijuana and banking issued its final report Tuesday. It's overarching conclusion? California can only do so much to entice banks and credit unions to open accounts for marijuana-related businesses.
November 07, 2017
"The IRS claims it is necessary and within its power to make administrative determinations that a person is criminally culpable under federal drug laws. Such a claim of power by the IRS is unprecedented," Green Solution's lawyers wrote in the U.S. Supreme Court petition.
November 06, 2017
The Federal Trade Commission is siding with Uber Technologies Inc. in a fight to block a Seattle law that would allow ride-hailing drivers to collectively bargain. In an amicus brief, the FTC and the U.S. Justice Department told the Ninth Circuit that a federal trial judge's ruling that upheld the law threatened to "open the antitrust exemption door for nearly any type of regulation."
November 03, 2017
Amazon.com Inc. spent a record amount lobbying California lawmakers in the third quarter, mirroring its recent highest-ever binge on advocacy in Washington, D.C. Amazon spent $136,660 on state lobbying services between July and September, the highest quarterly figure for the company since it began filing reports with the Secretary of State’s office in 2000.
November 02, 2017
Gov. Jerry Brown on Thursday named 34 new judges to California’s trial courts, chipping away at a judicial vacancy backlog that had reached a two-year high.
November 01, 2017
McGregor Scott, an Orrick, Herrington & Sutcliffe white-collar partner in Sacramento, will be President Donald Trump's pick to lead the U.S. Attorney's Office for the Eastern District of California, a post he earlier held in the George W. Bush administration.
October 26, 2017
San Francisco-based startup Zenefits will pay $450,000 to settle federal claims that company leaders falsely told investors that employees were licensed to sell insurance.
October 25, 2017
A team of lawyers from four Fenwick & West offices drove Delphi Automotive PLC’s $450 million acquisition of driverless car startup nuTonomy Inc.
October 23, 2017
Amy Oppenheimer of the Law Offices of Amy Oppenheimer in Berkeley was chosen to review claims that unnamed men “groped and touched us without our consent, made inappropriate comments about our bodies and our abilities." The letter was signed by 147 lobbyists, lawmakers and staff.
October 13, 2017
The California attorney general this spring boosted his legal team’s health care expertise.
October 12, 2017
Big Law and consumer advocates weigh in on new rules that could put no-hands driverless vehicles on streets next year.
October 11, 2017
O’Connell, an 11-year veteran of state and federal courts in Los Angeles, died on Oct. 8.
October 09, 2017
Legislation aimed at bolstering contracts involving legal marijuana-related businesses has been signed into law by Gov. Jerry Brown.
October 06, 2017
Gov. Jerry Brown this week signed into law a bill outlawing sexual extortion, marking the fifth state-level victory for a legislative campaign shepherded by an Orrick, Herrington & Sutcliffe public policy team.
October 04, 2017
The prosecution of San Diego attorney Jessica McElfresh has raised alarms among lawyers who serve the cannabis industry both for the charges she is facing and the wide scope of documents that prosecutors have sought to look at.
October 04, 2017
The prosecution of San Diego attorney Jessica McElfresh has raised alarms among lawyers who serve the cannabis industry both for the charges she is facing and the wide scope of documents that prosecutors have sought to look at.
October 02, 2017
Cities have wide latitude to establish criteria for allowing marijuana dispensaries to operate, including the timely payment of business taxes, the First District Court of Appeal held.
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