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Alternative Dispute Resolution

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

Jan. 7, 2021
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

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

On Dec. 27, President Donald Trump signed the Consolidated Appropriations Act 2021, the second largest stimulus package passed...


Guidance on move-away requests during the pandemic.


Letters, Judges and Judiciary

Column on judicial language sets bad example

Jan. 7, 2021
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

The public-facing effects of the COVID-19 pandemic are well documented: courthouse closures, remote hearings, and the spread o...


Data Privacy

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

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

Jan. 6, 2021
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

Jan. 6, 2021
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...


Law Practice, Appellate Practice

The score after a score

Jan. 5, 2021
By Benjamin G. Shatz

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’

Jan. 5, 2021
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

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

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

Jan. 5, 2021
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

Jan. 5, 2021
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

MCLE
Jan. 4, 2021
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

Jan. 4, 2021
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

A recent case further expands protection for employees and their beneficiaries by expanding the circumstances their medical pr...


Law Practice, Appellate Practice

Staring ace trial lawyer Flash Feinberg and his trust sidekick Professor Plato.


Tax, Law Practice

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

Jan. 4, 2021
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

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

Dec. 31, 2020
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...


Tax, Labor/Employment

Expenses with PPP loans can be written off

Dec. 31, 2020
By Robert W. Wood

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

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

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

Dec. 31, 2020
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

Dec. 31, 2020
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 ...