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Books

Neither by fire nor ice

Mar. 11, 2021
By Richard Wirick

Toby Ord whisks us in and out of environmental ethical puzzles with the speed of a Formula One racer — that exhilaration and ...


Civil Litigation, California Supreme Court

California Supreme Court poised to consider anti-SLAPP catch-all framework

Mar. 10, 2021
By Ryan G. Baker, Scott M. Malzahn

Later this term, Geiser v. Kuhns will present the court an opportunity to clarify what must be shown to establish anti-SLAPP p...


Labor/Employment, Civil Litigation, California Supreme Court

Premium pay for meal break rounding violations after Donohue

MCLE
Mar. 10, 2021
By Kacey R. Riccomini, Arthur F. Silbergeld

The California Supreme Court last month determined that the practice of rounding meal period time was impermissible under stat...


Technology, Law Practice

Straight talk on the law as code

Mar. 10, 2021
By Lance Eliot

Law as code is bandied around as a crucial determiner of the future for lawyers and the practice of law. Depending upon which ...


Technology, Data Privacy

The reality is that consumers just do not have the bandwidth to spend the time reading the notices. Even if consumers spent th...


Military Law, Civil Rights

Gender issues in the ranks

Mar. 9, 2021
By Eileen C. Moore

Does the military really want women in its ranks?


Government

Locked down or locked up?

Mar. 9, 2021
By Richard Kaplan, Cody Elliott

Demystifying COVID-19 health order enforcement


Government, Environmental & Energy

The U.S. Department of the Interior plays an outsized role in California natural resources law and policy. Two examples: The f...


Judges and Judiciary, Books

An excerpt from “Of Courtiers & Princes: Stories of Lower Court Clerks and Their Judges.”


Letters, Law Practice, Judges and Judiciary, Appellate Practice

The conceit of a regular columnist is to be published even when one has nothing to say. For this, I cite Myron Moskovitz's "On...


Law Practice, Civil Litigation

Errors relating to the presence of a jury

MCLE
Mar. 8, 2021
By David M. Axelrad

If prejudicial and properly preserved, these errors can result in reversal.


U.S. Supreme Court, Constitutional Law

The next landmark case on student free speech

Mar. 8, 2021
By David Urban

Only about once in a decade does the U.S. Supreme Court decide a case on First Amendment rights of students. This year, the co...


Family

Strange new world: restrictions on the right to posthumously procreate

Mar. 8, 2021
By Mark J. Phillips, Jake V. Phillips

The right of a woman to use the extracted sperm of a deceased partner is a fairly new concept in California, and with the rapi...


Tax, Law Practice

Two rules can help avoid penalties.


Securities, Administrative/Regulatory

The recent GameStop/Robinhood stock trading saga has proved resistant to easy analysis or quick conclusions, both dividing and...


Constitutional Law

One step closer to professional freedom

Mar. 5, 2021
By Deborah J. La Fetra

A recent 9th Circuit decision was the first appellate ruling to permit a lawsuit to proceed on a challenge to forced membershi...


Labor/Employment

Workers’ lives hang in the balance pending stimulus

Mar. 5, 2021
By Ronald L. Zambrano

At the end of last year, the Families First Coronavirus Response Act expired. An enormous safety net for workers dealing with ...


Law Practice, Ethics/Professional Responsibility

You had me at hello.

MCLE
Mar. 5, 2021
By Amy L. Bomse

Learn to avoid some of the common ethical pitfalls when it comes to potential clients.


Law Practice, Ethics/Professional Responsibility

Ethics opinions offer advice; some practical, some challenging

Mar. 5, 2021
By Jessica Beckwith, Brian Slome

The State Bar has proposed two ethics opinions, one on colleague impairment and another on potential client obligations.


Alternative Dispute Resolution

What is mediation advocacy?

Mar. 5, 2021
By John H. Sugiyama

Mediation advocacy and trial advocacy are not the same. In what ways, however, are they different? Should attorneys who are co...


Law Practice, Ethics/Professional Responsibility

3 tips for attorneys who are facing a motion to disqualify

Mar. 5, 2021
By Shari L. Klevens, Alanna G. Clair

While no attorney enjoys litigating their own conduct, motions to disqualify are not uncommon and can raise thorny questions, ...


Technology, Law Practice

Online geographical maps provide quite handy capabilities and many think of Google Maps as the kingpin of such apps. Envision ...


Labor/Employment, Civil Rights, California Supreme Court

The Werdegar Presumption

Mar. 4, 2021
By Michael D. Singer

In Brinker, Justice Kathryn Werdegar stated: “If an employer’s records show no meal period for a given shift over five hours, ...


Criminal

Renewed focus on rehabilitation in state criminal proceedings

Mar. 4, 2021
By Dmitry Gorin, Alan Eisner

During the so-called “tough on crime” era, the pendulum in California sentencing swung heavily in favor of prioritizing punish...


Education Law, Covid Columns

It is now a matter of scientific consensus that schools — especially elementary schools — can reopen for in-person learning wi...


Bankruptcy

As of Jan. 1, the California homestead exemptions have changed significantly. Section 704.730 of the Code of Civil Procedure i...


Real Estate/Development, Administrative/Regulatory

Families with companion animals face additional stressors, trying to pay for their animals’ care and securing animal-friendly,...


Judges and Judiciary, Covid Court Ops

Why don’t we just shut down the courts?

Mar. 3, 2021
By Mary Thornton House

Lest anyone forget: Superior court judges and staff are essential workers.


U.S. Supreme Court, Law Practice

So fresh, so clean

Mar. 3, 2021
By Ashfaq G. Chowdhury

If you don’t spend a lot of time on #appellatetwitter, you may have missed a recent momentous event in citation history.


U.S. Supreme Court, Criminal, Constitutional Law

Last week the U.S. Supreme Court heard oral argument in a case which stemmed from a driving under the influence with priors pr...