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Government, Antitrust & Trade Reg.

Antitrust Division ratchets up leniency requirements

May 17, 2022
By Henry J. Hauser, Jon B. Jacobs

Whether these changes ultimately bolster or hinder the Antitrust Division’s efforts to detect and prosecute criminal cartels r...


U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility

The more the conservative movement turns its back on stare decisis, the more our entire system of governance becomes a struggl...


Judges and Judiciary, Appellate Practice

Some appellate courts show counsel their tentative opinion before oral argument -- allowing lawyers to discuss the tentative w...



State Bar & Bar Associations

State Bar needs to be reformed

May 16, 2022
By Ian R. Friedman

In short, the State Bar wastes a lot of time and money creating tasks forces to “study” Mandatory Malpractice Insurance, Parap...


Judges and Judiciary, Ethics/Professional Responsibility, California Courts of Appeal

Calling out the Chief Justice

May 16, 2022
By Jon B. Eisenberg

The Chief Justice has failed in her constitutional and ethical duties to ensure the timely adjudication of appeals in the 3rd ...


Law Practice, Civil Rights, Appellate Practice

But what this “analogy” ignores is that a half a pound (of illegal) drugs amounts to approximately 226 grams. That’s enough Sw...


Law Practice, Appellate Practice

Selecting and Managing Your Expert Witnesses

MCLE
May 13, 2022
By Philip Simmons

Unfortunately, not all cases have sufficient damages to justify a comprehensive expert team, but when the litigation and clien...


Intellectual Property, Antitrust & Trade Reg.

Those seeking to cancel a trademark application in federal court should thus craft their allegations to establish a nexus betw...


Entertainment & Sports

Stream it Tonight! Frisco Jenny (1932)

May 13, 2022
By Paul Bergman, Michael Asimow

The Code would have prohibited all of the candid material about prostitution in Frisco Jenny. But movies released between 1930...


Labor/Employment, Contracts

Model behavior?

May 13, 2022
By Caroline P. Donelan, Natalie R. Alameddine

Most of the time, these individuals have been fully paid for their services through their agency, but nonetheless file claims ...


Ethics/Professional Responsibility


Letters


Torts/Personal Injury, Health Care & Hospital Law

The myth of frivolous medical malpractice cases

May 12, 2022
By Reza Torkzadeh, Allen P. Wilkinson

The truth is that insurance companies do not settle frivolous medical malpractice cases and will take them all the way to trial.


Litigation & Arbitration

Though the Court ruled in favor of the plaintiffs, the discussion of arbitrability is a playbook for institutions in drafting ...


Data Privacy

CPRA series: Part III - Notice and disclosure obligations

MCLE
May 12, 2022
By Ron Raether, Kim Phan

It remains to be seen when the California Privacy Rights Act of 2020 will be finalized, including when businesses will be requ...


Law Practice, Criminal, Appellate Practice

Let’s Face It

May 11, 2022
By Brian M. Hoffstadt

The right to face-to-face confrontation is viewed as a second-tier Confrontation Clause right. Although it furthers “‘the core...


Law Practice, Appellate Practice

Can a party still accept the offer and effectively nullify the judge’s decision? Nothing in the language of Rule 68 specifical...


Letters

The Supreme Court should grant review of Kirk v. Ratner

May 11, 2022
By Leonard S. Steiner


Tax, Real Estate/Development

Biden Proposes Numerous Tax Increases

May 11, 2022
By Robert W. Wood

One of the President’s proposals is to tax long term capital gains and qualified dividends as ordinary income if your taxable ...


Tax

Tax problems for Johnny Depp & Amber Heard?

May 10, 2022
By Robert W. Wood

A recent story suggested that Elon Musk may have paid a portion of Amber Heard’s pledged ACLU donations. That hearkens back to...


UC Hastings College of the Law is seeking to change its name on account of media stories starting in 2017 alleging “genocide” ...


U.S. Supreme Court, Ethics/Professional Responsibility

Is SCOTUS still “supreme?”

May 10, 2022
By A. Marco Turk

Apparently these candidates for confirmation were so excited about the prospect of appointment to the highest court in the lan...



Unlike arbitrators who may issue interim, partial and final awards over the course of an arbitration, emergency arbitrators ar...


Law Practice, Family, Appellate Practice

Community property: a brief history

May 9, 2022
By Scott J. Nord

In a famous letter written by Abigail Adams to her husband, John Adams, she wrote, “I long to hear that you have declared an i...


Government, Constitutional Law

“This approach allows governments to exploit public expectations to mask censorship.” - Justice Samuel Alito


Law Practice, Appellate Practice

It is well accepted that defense costs for malpractice claims are among the most expensive type of litigation, largely due to ...


Letters


Torts/Personal Injury, Labor/Employment, Civil Litigation

When a public health emergency, such as the COVID pandemic, increases the risk to employees, companies should be held to an ev...