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Military Law

Sergeant First Class Richard Stayskal would get his second chance. Stayskal, who’s lung cancer was misdiagnosed by Army doctor...


Intellectual Property, Civil Litigation

Privilege waiver and good faith reliance on non-privileged information

MCLE
Dec. 30, 2020
By Richard S.J. Hung, Yuqing Cui

If extended to the context of willful patent infringement, a recent ruling would suggest an implied privilege waiver in many c...


Government, Environmental & Energy, Administrative/Regulatory

Priorities for President-elect Joe Biden’s EPA

Dec. 30, 2020
By Richard M. Frank

It’s been a long and dispiriting four years for the U.S. Environmental Protection Agency under President Donald Trump.


Government, Environmental & Energy, Administrative/Regulatory

As it began, so it ends. Over the past four years, the Trump administration has proposed a multitude of changes to environment...


Intellectual Property

Cannabis businesses have been able to find creative solutions for protecting their intellectual property rights — at least to...


Insurance, Environmental & Energy

Defining environmental contamination insurance costs

Dec. 30, 2020
By Jordan Stanzler

Policyholders seek to maximize the benefits of insurance by characterizing costs as defense costs, while insurance companies s...


Civil Litigation

The supplemental request is an often underutilized tool in discovery in the current litigation environment. It’s so underutili...


Technology, Law Practice, Antitrust & Trade Reg.

There is a resurgence of interest in antitrust laws, aimed especially at the tech field and qualms about tech firms that have ...


U.S. Supreme Court, Criminal

The court will decide whether the Computer Fraud and Abuse Act is essentially an anti-hacking statute or a data protection sta...


Law Practice, Judges and Judiciary, California Supreme Court

When it comes to terminology that is acceptable in legal briefs and judicial opinions, the California Style Manual is the bibl...


Law Practice, Civil Litigation

By the time the session closed on Sept. 30, less than half the typical number of bills had won final approval, with 372 chapte...


Labor/Employment, Civil Litigation, California Courts of Appeal

Ruling extends ‘home base’ rule to apply Labor Code to oil rigs

Dec. 29, 2020
By David E. Mastagni, Taylor Davies-Mahaffey

An appellate court held that California labor laws applied to crew members on a boat that docked at a California port and prov...


Law Practice, Appellate Practice

Amicus participation in appellate litigation: a guide

MCLE
Dec. 28, 2020
By Johanna Schiavoni

Since the goal is to present your case in a complete and helpful way, and ultimately to persuade the appellate court to agree ...


U.S. Supreme Court, Constitutional Law

A recent U.S. Supreme Court decision continues an important yet overlooked trend at the court since the early 1990s: broad agr...


Entertainment & Sports, Civil Litigation, Antitrust & Trade Reg.

Antitrust law is back in the spotlight.


Covid Columns, Civil Litigation

When tuna rolls and $32 ribs are essential items

Dec. 28, 2020
By Scott Pressman, Allison M. Scott

Essentials during an emergency: Gasoline? Check. Groceries? Check. Medicine? Check. $32 restaurant prepared barbecue ribs? …Ch...


Article V should be amended by reducing the state ratification threshold from three-fourths to two-thirds. This would make the...


Letters, Criminal

Jeffrey Clayton’s Dec. 22 column, “Gascón lacks authority to end cash bail,” grossly misinterpreted District Attorney George G...


Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

Qui tam actions can avoid arbitration in California

Dec. 24, 2020
By Marc D. Alexander

A recent appellate opinion held that a qui tam action involving the California Insurance Fraud Protection Act to combat insura...


Law Practice, Civil Litigation, Alternative Dispute Resolution

Discovery referees: A useful tool

MCLE
Dec. 24, 2020
By Michael S. Fields

For or complex discovery issues, reference to a discovery referee can help expedite the trial process.


Administrative/Regulatory

Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...


Law Practice

Law firms should recognize their ‘Rudolphs’

Dec. 24, 2020
By Nathan M. Davis, Juanita Fernandez

Take time to recognize and honor the different identities on your team


Corporate, Antitrust & Trade Reg., Administrative/Regulatory

Time will tell whether the divided approach in the Google antitrust cases will work.


Law Practice, Ethics/Professional Responsibility, California Courts of Appeal, Alternative Dispute Resolution

The gist: “The Court of Appeal is not an appropriate forum to peddle far-fetched conspiracy theories, laced with sexism and ho...


Law Practice, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

A recent case emphasizes the importance of proper drafting of arbitration clauses in order to ensure the likelihood an arbitra...


Construction, Civil Litigation, California Courts of Appeal

A recent appellate ruling clarifies that product manufacturers can escape liability simply because their defective products ar...


In the early days of the coronavirus pandemic, California took swift action to protect workers and the public.


Real Estate/Development, Government, Covid Columns


Government, Criminal

Gascón lacks authority to end cash bail

Dec. 22, 2020
By Jeffrey J. Clayton

Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...


County prosecutors are embracing the obsoletion of misdemeanors as a remedy for an overburdened criminal justice system, relyi...