In Practice

  • The Recorder | Commentary

    Fallout From Supreme Court 'Dobbs' Investigation: How an Outside Investigation Could Have Helped

    By Jack Morse and Neil Bautista | March 23, 2023

    Oppenheimer Investigations Group's Jack Morse and Neil Bautista say it may have been more beneficial for the U.S. Supreme Court to have utilized a third-party investigator after the Dobbs draft opinion leak to avoid bias, or the appearance of it.

  • The Recorder | Commentary

    A New Constitutional Right to Housing Is a House of Straw

    By David A. Carrillo and David A. Kaiser | March 16, 2023

    "Supporters of increased affordable housing think a recently proposed initiative constitutional amendment will generate increased state power to impose building mandates on local governments. That's unlikely to happen, because a new constitutional right to adequate housing has dim prospects in the courts," says David Carrillo and David Kaiser of the California Constitution Center.

  • The Recorder | Commentary

    Heckling as Principled Civil Disobedience

    By Rory K. Little | March 13, 2023

    "Recent controversies regarding hecklers at law-school speaker events suggests that another time-honored American tradition has been forgotten: that of principled and non-violent civil disobedience," says Rory Little, a professor at University of California College of the Law, San Francisco.

  • The Recorder | Commentary

    9th Circuit Upholds Mandatory Arbitration Agreements Required by California Employers

    By Rex Berry | March 13, 2023

    While mandatory arbitration agreements still are subject to the same requirements applicable to other agreements, those agreements now may be enforced under the FAA. At least, that is, until the California legislature's next move, according to Rex Berry of Signature Resolution.

  • The Recorder | Commentary

    Burgeoning 'Caremark' Claims Likely to Drive Stockholder Demands

    By Stephen Blake and Jordan Lamothe | March 9, 2023

    There has been a noticeable increase in the frequency of Caremark claims over the past four years, and this trend carries significant implications for companies' design of their oversight structures, as well as for the potential liability of directors and officers, according to Stephen Blake and Jordan Lamothe of Simpson Thacher & Bartlett.

  • The Recorder | Commentary

    Bedsworth: Stranger Than Fiction ... Science Fiction

    By William Bedsworth | March 6, 2023

    "Hundreds, maybe thousands of Kiwis will have to be hired and deputized as cow burp umpires," says Justice William Bedsworth.

  • The Recorder | Commentary

    Mandatory Employment Arbitration Permissible—But For How Long?

    By Jonathan Andrews | March 2, 2023

    With the Ninth Circuit's decision, the battle over mandatory employment arbitration will likely shift back to analyzing the overall fairness of the arbitration process, according to Jonathan Andrews of Signature Resolution.

  • The Recorder | Commentary

    What to Expect From the Next Era in White-Collar Enforcement

    By Walt Brown, Melinda Haag, Joshua Hill and JiLon Li | March 1, 2023

    In 2022, the Department of Justice emphasized its focus on individual accountability and corporate cooperation while aggressively pursuing prosecutions, with mixed success, in multiple industries and using novel tools, including increased international cooperation and untested legal theories, according to Paul Weiss' Walt Brown, Melinda Haag, Joshua Hill and JiLon Li.

  • The Recorder | Commentary|Q&A

    AB 2245: California's New Law and Its Impact on Estate Planning

    By Eric Bardwell and Carsten Hoffmann | February 28, 2023

    "Whether you are the planner or the valuation expert, it is prudent to have a firm understanding of this new law, the protections it affords to your clients and the potential impact on value, and therefore planning opportunities," according to Eric Bardwell of Jeffer Mangels Butler & Mitchell and Carsten Hoffmann of Stout.

  • The Recorder | Commentary

    Proposition 8—End It and Mend It

    By David A. Kaiser and David A. Carrillo | February 28, 2023

    If the U.S. Supreme Court abrogates Obergefell, as it did Roe, then the now-dormant Proposition 8 text in the California constitution will once again ban same-sex marriage in California, according to David Kaiser and David Carrillo of the California Constitution Center.

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