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Criminal

Emerging social science can inform pretrial release decisions

May 26, 2021
By Rita F. Lin, Christine Van Aken

A recent explosion of social science research documents the collateral consequences of pretrial incarceration, such as the los...


Government, Constitutional Law

Proposed ghost guns rule would leave room for state regulation

May 26, 2021
By Scott A. Edelman, Jillian N. London

On May 7, the Justice Department released a proposed rule that adds teeth to President Joe Biden’s promise to crack down on “g...


Appellate Practice

Federal Rule of Appellate Procedure 5 has an unusual gap.


Environmental & Energy

Biden administration renews focus on federal PFAS regulation

May 26, 2021
By Meghan Quinn, Madeline Weissman

Until recently, individual states led the initial push to comprehensively regulate per- and polyfluoroalkyl substances.


Technology, Law Practice

Good attorneys know that they must stridently attempt to anticipate the legal posturing that their opposition will seek to dep...


Technology, Securities, Corporate

The ABC’s of AI for boards

May 26, 2021
By Sara L. Terheggen

Artificial intelligence has been making its debut for some time now partially because the term means so many things to so many...


Constitutional Law, Civil Litigation

The reason for the startling default judgment against the Endo defendants in a recent case was founded in a fraud on the court...


Military Law, Criminal

Sexual assault: The law versus accountability

May 25, 2021
By William Slomanson

The time has come to revisit the Feres problem of whether intra-military sexual assault qualifies as an “activity incident to ...


U.S. Supreme Court, Environmental & Energy

Ruling may give oil companies upper hand in climate change cases

May 25, 2021
By Darrin D. Gambelin, Monica Browner

A recent Supreme Court ruling may give oil companies an advantage when it comes to removing climate change lawsuits to federal...


Judges and Judiciary, Civil Litigation

Dear BigLaw Litigation Partners,

May 25, 2021
By Sunil R. Kulkarni

Not so long ago, I was one of you. Trust me when I say that I generally understand the various pressures you face. But I now h...


Government, Criminal, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently issued a ruling that extends the statute of limitations in certain criminal cases potentially for dec...


International Law, Intellectual Property

European trademark law unknowns settled in case against LA winery

May 25, 2021
By Katherine Bond, Jeffrey Sheldon

Two unknowns of European trademark law were just answered in a case involving one of the oldest and largest wineries in Los An...


Criminal

DA is cherry picking science

May 24, 2021
By Kent Scheidegger

Immediately upon taking office last December, Los Angeles District Attorney George Gascón announced several abrupt and controv...


State Bar & Bar Associations, Ethics/Professional Responsibility

More than 10 years ago, the State Bar was warned about Thomas Girardi and failed to take public disciplinary steps.


U.S. Supreme Court, Constitutional Law

Last week, the U.S. Supreme Court agreed to hear the latest legislative effort to dismantle the legal precedents established i...


Bankruptcy

Who rules big-case bankruptcy?

May 24, 2021
By Lynn M. LoPucki

In its fourth decade, big-case bankruptcy judge shopping has taken a nasty turn.


Criminal, California Supreme Court

The recent guilty verdict in the Derek Chauvin trial demonstrates the importance of having a diverse and representative jury. ...


Tax, Labor/Employment, 9th U.S. Circuit Court of Appeals

9th Circuit rightly upholds California’s retirement backstop

May 21, 2021
By Radha Pathak, John Stokes

Some state governments, including California, have stepped in to fill the gap left by employers who choose not to offer employ...


Technology, Administrative/Regulatory

If the pandemic has taught us anything, it’s that high-speed internet is crucial to our daily lives — and that’s unlikely to c...


California led the nation in consumer privacy when it enacted the California Consumer Privacy Act in 2018, establishing the fi...


Health Care & Hospital Law

Almost a week ago, the Centers for Disease Control and Prevention published a guidance on what vaccinated people can and canno...


Intellectual Property

Navigating whistleblower immunity for trade secret misappropriation

May 21, 2021
By Tom Wallerstein, Antonia I. Stabile

The 2016 Defend Trade Secrets Act grants immunity from trade secret liability to anyone who discloses a trade secret to an att...


Alternative Dispute Resolution

Take 5

May 21, 2021
By Anne M. Lawlor Goyette

Here are five key steps to a productive and successful mediation.


Law Practice, Civil Litigation

California is one of a mere handful of states — along with Arizona, Colorado, Florida and Idaho — that grants a “death discoun...


For today’s senior citizens, relying on a neighbor’s help could be less safe than you’d think, especially in large metropolita...


California taxes are high, and if you are a very high income earner, they could go up. California legislators have proposed ta...


Law Practice

Law offices across the nation are facing an eagerly awaited, though complex, decision: whether, and how soon, to reopen their ...


Real Estate/Development, Bankruptcy

Remember, landlords are sacred cows in bankruptcy

May 20, 2021
By M. Jonathan Hayes

We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money...


Technology, Law Practice

Seems like everyone knows about the seemingly astute advice to never bring a knife to a gunfight. A bit of myth-busting can sh...


Government, Environmental & Energy

In a proposal to reverse a misguided Trump administration policy, the U.S. Environmental Protection Agency is on track to rest...