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U.S. Supreme Court, Labor/Employment, Constitutional Law

In a 6-3 opinion, the U.S. Supreme Court issued a major property rights decision in favor of landowners in a case addressing C...


Law Practice

What happens when lawyers break the unspoken rules of how lawyers are supposed to be lawyers?


Books

Liberalism’s bloody backstories

Jun. 25, 2021
By Richard Wirick

“Yes, I am a liberal,” said Justice Louis Brandeis. “I call it Civilization.” Pankaj Mishra’s book “Bland Fanatics” takes us b...


U.S. Supreme Court, Environmental & Energy, Civil Litigation

Climate change litigation helps clarify federal removal statutes

Jun. 25, 2021
By John F. Querio, Lacey L. Estudillo

In the future, plaintiffs should expect to see defendants add federal-officer or civil-rights removal grounds to their notices...


State Bar & Bar Associations

State Bar whitewash

Jun. 24, 2021
By Antonio R. Sarabia II

In the State Bar’s recent news release admitting errors in the handling of past investigations into Thomas Girardi, not one mi...


Law Practice, Ethics/Professional Responsibility

Trouble

Jun. 24, 2021
By Michael P. Masuda

There is an old adage that cows run away from a storm while the buffalo charges toward it — and gets through it quicker. Do no...


Civil Litigation

H&R Block recently filed a cert petition that attempts to persuade the United States Supreme Court to grant review of Cali...


When prices increase at constant and predictable rates, forward commitments made today will match economic conditions when per...


Constitutional Law

Paper streets and the US Constitution

Jun. 23, 2021
By Michael M. Berger

Folks in El Dorado County apparently became concerned that more development projects were being approved than local roads coul...


Criminal

When the Human Trafficking Institute began publishing an annual data set on human trafficking prosecutions in 2018, there was ...


U.S. Supreme Court, Constitutional Law

What next for Roe v Wade? The Mississippi attack.

Jun. 23, 2021
By James McManis

In March 2018, the state of Mississippi enacted a statute entitled the Gestational Age Act specifically to give the U.S. Supre...


Tax

You stole my pension money — pay up, taxes too

Jun. 23, 2021
By Robert W. Wood

Legal disputes come in all shapes and sizes. And there are almost always tax issues for plaintiffs, defendants, or both. Plain...


Labor/Employment

To mask or not to mask, that is the question... that employers are asking

Jun. 23, 2021
By Christy D. Joseph, Brian J. Mills

California recently passed its June 15 reopening benchmark, leaving employers with unanswered questions regarding their workpl...


Technology

Researchers estimate that by 2025, we could see 8 million autonomous vehicles on the road.


Technology, Law Practice

It is appropriate to assert that standards make the world go round, especially when considering the impact that standards have...


Bankruptcy

Under the U.S. Constitution, states “maintain certain attributes of sovereignty, including sovereign immunity.”


Juneteenth's Dissonance

Jun. 21, 2021
By Julie A. Werner-Simon

As a former long-time federal prosecutor and now a law professor, I had mixed feelings about our newest federal holiday, Junet...


Can you compel arbitration without an arbitration agreement? The 9th U.S. Circuit Court of Appeals recently weighed in with tw...


International Law, Intellectual Property

Earlier this month, the German parliament adopted a new law designed to limit the availability of injunctions in patent infrin...


Law Practice, Appellate Practice

Poker an appeals

Jun. 21, 2021
By Myron Moskovitz

I’ve played a bit of poker with friends, never for high stakes and never with any expertise. I’ve never played at a casino or ...


Many people might say that cheating on your taxes is the best way to get into serious trouble with the IRS. They would be part...


Labor/Employment, California Supreme Court

The opinion permitted the California Legislature to address perceived pension abuses, even if the modification reduces some em...


Health Care & Hospital Law, Government, Criminal

While many other nations around the world have enacted broad reforms in recent decades to replace criminal sanctions with heal...


Law Practice, Civil Litigation, Alternative Dispute Resolution

The repercussions of Aixtron, Inc. v. Vecco Instruments, Inc., which limited the authority of arbitrators to issue discovery s...


Law Practice

Law firm planning for a post-pandemic world

Jun. 18, 2021
By Daniel O'Rielly, Dena Roche

Try a thought experiment with us. Assume that you are approached by a business client whose industry has just experienced its ...


Constitutional Law

Overturning assault weapon ban sets dangerous precedent

Jun. 18, 2021
By Hannah Shearer, Lisa Tu

A federal judge’s recent opinion striking down California’s assault weapons ban has gained attention for its contrarian view t...


Constitutional Law

The court scrutinized the state’s “evidence” submitted at trial to justify the law, found it inadequate, and declared Californ...


Intellectual Property

A key for California businesses to get an advantage in the highly competive and inceasingly global post-COVID economic era is ...


Law Practice, Family

Flawed court rule, forms invite erroneous rulings in juvenile court

Jun. 17, 2021
By Susan E. Seager, Benjamin Whittle

For the past 15 years, California journalist Garrett Therolf has filed some 40 petitions unsealing juvenile case files reveali...


Intellectual Property

Although the Leahy-Smith America Invents Act made it harder for patent holders to sue multiple, unrelated defendants for paten...