Alternative Dispute Resolution
Virtual arbitration of business disputes: Looking back, moving forward
By Zela Claiborne
As the pandemic has worn on, now is a good time to reflect on some of the issues, grievances, and solutions to two common area...
U.S. Supreme Court, Securities
High court to again address class cert in securities fraud cases
By James J. Beha, Judson E. Lobdell
This term, the U.S. Supreme Court has another chance to address class certification in securities fraud class actions.
Technology, Law Practice
BigLaw might get boxed into providing AI-powered legal services
By Lance Eliot
There are some in BigLaw that are earnestly adopting AI-enabled LegalTech, while others are taking a wait-and-see stance. It i...
Tax, Labor/Employment
Tax rules changed in the latest stimulus package for COVID-19 relief
By Phil Jelsma
On Dec. 27, President Donald Trump signed the Consolidated Appropriations Act 2021, the second largest stimulus package passed...
Family
Custody during the COVID-19 pandemic: Considering move-away requests
By Sarah A. Thompson
Guidance on move-away requests during the pandemic.
Letters, Judges and Judiciary
Column on judicial language sets bad example
By Derek W. Hunt
The Dec. 29 column, "Disability terminology: The California Supreme Court sets the tone," by Thomas Coleman of the Spectrum In...
Judges and Judiciary, Criminal
Advocating against ‘one-size-fits-all’ protective orders during the COVID-19 pandemic
By Ashwin J. Ram, Jennie Shulkin
The public-facing effects of the COVID-19 pandemic are well documented: courthouse closures, remote hearings, and the spread o...
Data Privacy
What the EU-UK divorce means for GDPR privacy compliance
By Victoria Burke
One of the biggest divorce settlements of 2020 was finalized on Dec. 24 when the EU-U.K. Trade and Cooperation Agreement was r...
Family, Alternative Dispute Resolution
Ruling shows the perils of creative solutions in divorce mediation
By Franklin R. Garfield
Prospective clients sometimes tell mediators they are interested in creative solutions to their problems. In its most benign f...
Consumer Law
DFPI enforcement: Time will tell how active new agency is
By Matthew E. Sloan, Rachael Schiffman
In September, Gov. Gavin Newsom signed into law Assembly Bill 1864, the new California Consumer Financial Protection Law.
Labor/Employment
SB 973: Expanding employer obligations to submit annual pay data
By Emily Burkhardt Vicente, Andrew D. Quigley
Beginning in March, Senate Bill 973 will require private employers to submit annual "pay data reports" to the Department of Fa...
Rather than looking back over a memorably unpleasant time, let’s adopt the optimism of Sgt. Pepper and cast our glance at “20 ...
U.S. Supreme Court, Entertainment & Sports, Civil Litigation, Antitrust & Trade Reg., 9th U.S. Circuit Court of Appeals
Supreme Court needs to rethink NCAA ‘amateurism’
By Maurice M. Suh, Daniel L. Weiss
This term the U.S. Supreme Court will reconsider rulings finding the National Collegiate Athletic Association’s rules restrict...
Civil Litigation
Code of Civil Procedure Section 664.6 is now lawyer-friendly
By Michael R. Diliberto
Assembly Bill 2723 amends Section 664.6 and expands the party-signature requirement to provide that the writing may also be si...
Construction, Civil Litigation
Under what circumstances may a party ‘supplement’ its experts?
By Garret D. Murai
In construction litigation it’s not uncommon for parties and their attorneys to hire “experts.” There are even special rules s...
Immigration, Government
California must step up and act to protect asylum seekers
By Lisa Knox, Bianca Sierra Wolff
As attorneys who work with individuals in California’s six immigration detention centers, we have seen firsthand our immigrati...
U.S. Supreme Court, Constitutional Law
Public health versus religious liberty
By Joshua Matz, Talia Nissimyan
Since Justice Amy Coney Barrett replaced Justice Ruth Bader Ginsburg, the U.S. Supreme Court has sharply intensified its revie...
Government, Constitutional Law
Invalid appointments and the restoration of DACA
By Ethan D. Dettmer, Suria M. Bahadue
Unless Congress provides otherwise, most federal vacancy appointments are governed by the Federal Vacancies Reform Act.
Government, Administrative/Regulatory
The hurried effort to repeal Section 230 is ill-advised
By Daniel B. Lifschitz
Although passed in response to the digital revolution, Section 230’s protections are far from novel.
Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals
ERISA ruling expands protection for employees, beneficiaries
By Robert J. McKennon
A recent case further expands protection for employees and their beneficiaries by expanding the circumstances their medical pr...
Law Practice, Appellate Practice
Appellate Adventures, Chapter 16: "What If I Were Writing a Brief for the Respondent?"
By Myron Moskovitz
Staring ace trial lawyer Flash Feinberg and his trust sidekick Professor Plato.
Tax, Law Practice
The ins and outs of taxing legal malpractice settlements
By Robert W. Wood
Legal malpractice claims arise out of accident and medical malpractice cases, wills and trusts, divorce, litigation, tax advic...
Immigration, Government
Immigration changes to look for under the Biden administration
By Eli M. Kantor, Jonathan D. Kantor
President-elect Joe Biden has already highlighted some of the immigration policies that he would like to implement during his ...
Law Practice, Ethics/Professional Responsibility
Effectively working with out-of-state co-counsel during the pandemic
By David Baker
The coronavirus pandemic has been no zombie apocalypse, but it has forced law firms to reevaluate how they do business, partic...
Law Practice, Ethics/Professional Responsibility
The line between zealous advocacy and contempt
By Franklin R. Garfield
The duty of zealous advocacy on behalf of a client is an established tenet of the adversarial process that examines issues fro...
The Paycheck Protection Program was the centerpiece of the CARES Act, providing loans to businesses of up to $10 million. If y...
Law Practice, Ethics/Professional Responsibility
Can they do that? Sanctions and disciplinary actions against lawyers for frivolous litigation
By Amy L. Bomse, Si Eun Amber
A lawyer's duty not to pursue frivolous claims has entered the public discourse, thanks to the 50-plus lawsuits that the Trump...
Labor/Employment
Mandatory COVID vaccines: Is the cure worse than the disease?
By Ronald L. Zambrano
In what could surely be called a Christmas miracle, millions of doses of COVID-19 vaccine have been distributed and are being ...
Law Practice, Ethics/Professional Responsibility, Alternative Dispute Resolution
Arbitration award challenge comes with steep price
By Zareh Jaltorossian
California Code of Civil Procedure Section 904.1 grants parties the right to appeal a number of appealable orders and judgment...
Law Practice, Ethics/Professional Responsibility
Warning: Getting paid and not letting go of unearned fees
By Ira M. Friedman, David Friedman
In 2020 we saw some high-flying attorneys come crashing down due to ethical problems. While it is (hopefully) easy to see how ...