News & Publications

On March 17, 2023, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit decided Olson v. California.1 Judge Johnnie B. Rawlinson, joined by Judges Danielle J. Forrest and Morrison C. England, Jr., held that because California lawmakers were overtly hostile towards certain gig economy companies and workers when they enacted various pieces of legislation burdening some but not other companies (and workers), Uber, Postmates, and related plaintiffs have plausibly pleaded an equal-protection claim [...]

Expert testimony can play a crucial role in the trial process. Consequently, parties often file motions to disqualify the opposing side's expert witnesses. The success of these motions in federal cases is controlled by the Federal Rules of Evidence ("FRE"), which stipulate that expert testimony must meet certain standards of reliability to be admissible. In May 2022, the Advisory Committee on Evidence Rules ("ACER") approved proposed amendments to Rule 702 of the FRE.1 The amendments would [...]

In a shocking win for California employers, the U.S. Court of Appeals for the Ninth Circuit held on February 15, 2023 that the Federal Arbitration Act (FAA) preempts California's controversial Assembly Bill 51 (AB 51), which attempted to criminalize employers' use of mandatory arbitration agreements in the Golden State. AB 51's Goal of Criminalizing Legally Enforceable Mandatory Arbitration Agreements Notwithstanding the FAA's long history of favoring arbitration nationally, California has engaged in a prolonged effort [...]