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Probate, Appellate Practice

An appeal is not a chance to retry your case. But — with experienced appellate counsel — it may be an opportunity to fix what ...


Law Practice, Law Office Management, Administrative/Regulatory

Should law firms worry about liability for PPP loans?

Apr. 13, 2021
By Byron J. McLain, Daniella M. Gutierrez

Law firms are viewed by the Department of Justice and other enforcement agencies as gatekeepers subject to a higher standard o...


U.S. Supreme Court, Government, Constitutional Law

Blame the Supreme Court

Apr. 13, 2021
By Erwin Chemerinsky

Amidst all of the discussion of Georgia’s very restrictive new voting law, the institution that is largely responsible is esca...


Labor/Employment

For once-in-a-hundred-year events such as the pandemic — with uncertainty over the solution to the crisis and even its duratio...


U.S. Supreme Court, Civil Litigation

On April Fool’s Day 2021, a unanimous U.S. Supreme Court put an end to a 30-year old ruse proliferated by the TCPA plaintiffs’...


Tax

IRS’s hunt for cryptocurrency tax cheats heats up

Apr. 13, 2021
By Robert W. Wood

The IRS has been hunting crypto hard for more than five years now, and the pace is getting faster.


U.S. Supreme Court, Intellectual Property

Google v Oracle and the Grateful (API) Dead

Apr. 12, 2021
By Peter S. Menell

What a long strange trip it's been


Letters, Judges and Judiciary

Disabled judicial appointments are sadly lacking

Apr. 12, 2021
By David D. Marsh

Following on Peter Lynch’s Letter to the Editor on March 11 about the disproportionately low rate of sitting judges in Califor...


Criminal, Constitutional Law

Ineffective assistance

Apr. 12, 2021
By Alyssa D. Bell, Brittany L. Lane

Reliance on binding precedent may no longer be enough


Securities, Corporate

Getting SPACs right

Apr. 12, 2021
By Scott Carlton, Nicolas Morgan

Building investor trust while mitigating litigation risk


Alternative Dispute Resolution

Tips to master mediation advocacy, part 1

Apr. 9, 2021
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill

What are the keys to success for lawyers representing clients in mediation? There are many possible answers to that question, ...


Judges and Judiciary, Covid Columns

Reflections on the other pandemic: intimate partner violence

Apr. 9, 2021
By Eric C. Taylor, Lawrence P. Riff

Los Angeles County Superior Court’s restraining order courts in a year of emergency.


Probate, Family

Proving testamentary capacity in suits involving tortious interference with inheritance

MCLE
Apr. 9, 2021
By Mark J. Phillips, Jake V. Phillips

Only in the last decade have California courts recognized as tortious conduct the intentional interference by one person in th...


U.S. Supreme Court, Criminal, Constitutional Law

At the Mountains of Madness

Apr. 9, 2021
By Brian M. Hoffstadt

The Supreme Court is poised to review the standard for a defendant to successfully show that an error in federal constitutiona...


Technology, Law Practice

Explanations are part of our daily lives. The advent of AI has brought the nature of explanations to the forefront of ongoing ...


Letters, Judges and Judiciary, California Courts of Appeal

The author of the March 31 Daily Journal column “Is the 3rd District slacking?” wonders why I went public with my recent compl...


State Bar & Bar Associations, Letters, Law Practice, Ethics/Professional Responsibility

Ralph Baxter and Zachariah DeMeola believe the legal system is broken. Their arguments for why and how nonlawyer ownership of ...


Military Law

Class actions arrive at the VA

Apr. 8, 2021
By Eileen C. Moore

Wanna bet which proves more effective in speeding up justice for veterans… more government regulations or class action lawyers?


Law Practice, Ethics/Professional Responsibility

Tips for preventing harassment and discrimination in law firms

Apr. 8, 2021
By Shari L. Klevens, Alanna G. Clair

In the years leading up to the pandemic, many high-profile allegations of sexual harassment and discrimination were in the hea...


Construction, California Courts of Appeal

Construction lawyers, and, indeed, many legal practitioners, are familiar with the mechanics’ lien.


Music venues, motion picture theaters and museums decimated by COVID-19 restrictions received a boost last month when the Amer...


Law Practice

One reason why I do what I do

Apr. 7, 2021
By Michael J. Proctor

Joel Lopez died of COVID this January. Apart from his wife Maria and his 2-year-old daughter Julieta, few people noticed. I di...


Intellectual Property

On March 26, MSCHF’s collaboration with Lil Nas X to produce “Satan Shoes” was announced via Twitter — and caught the attentio...


Family

But we agreed! Domestic violence and custody disputes

MCLE
Apr. 7, 2021
By Scott J. Nord

Under California law, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

If the Supreme Court addresses public carry, and if it concludes there is some such unfettered right under the Second Amendmen...


Law Practice, Judges and Judiciary

Time was not on John Metzger’s side. The 72-year-old Californian was seeking justice after being diagnosed with malignant meso...


Government, Criminal

Mayor London Breed and the San Francisco County board of supervisors misunderstand the role of the probation department, seemi...


Letters

It’s time to revisit New York Times v Sullivan

Apr. 6, 2021
By Richard A. Nixon

Professor John H. Minan’s March 26 column, “Quest to reform libel laws continues in recent dissent,” discusses how President D...


Law Practice, Civil Litigation, Appellate Practice

I want a new judge

Apr. 6, 2021
By Benjamin G. Shatz

Back in the 1980s, Huey Lewis crooned about wanting a new drug. If Weird Al were a successful appellant’s lawyer, he’d transfo...


Civil Litigation, Administrative/Regulatory

On March 30, the federal court in California Chamber of Commerce v. Becerra issued a preliminary injunction enjoining Proposit...