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Criminal

2021 signals a new day for criminal justice in California

MCLE
Dec. 3, 2020
By Lara Yeretsian

Beginning Jan. 1, 2021, major reforms will affect the juvenile justice system, the treatment of misdemeanor offenders, the rig...


Labor/Employment

California Dreamin’

Dec. 3, 2020
By Anthony J. Oncidi , Kate S. Gold

What the Biden administration may mean for employers nationwide


Administrative/Regulatory

Administration change may coincide with TCPA changes

Dec. 3, 2020
By Eric J. Troutman

At nearly 30 years old, the Telephone Consumer Protection Act remains the crown jewel of the federal response to the robocall ...


Construction, Civil Litigation, California Courts of Appeal

The Listing Law assumes that when substituting one subcontractor for another, it is the direct contractor who is making the su...


Law Practice, Constitutional Law

Liberty and justice for all

Dec. 3, 2020
By William M. Crosby

The juxtaposition of liberty and justice, also found in the concluding words of the Pledge of Allegiance, should give pause to...


Civil Litigation, 9th U.S. Circuit Court of Appeals

9th Circuit settles novel question over new answers

Dec. 2, 2020
By James Sigel, Adam Sorensen

The court recently settled a novel procedural question about when defendants should respond with a new answer to an amended co...


Health Care & Hospital Law, Constitutional Law

Mandatory vaccinations and the Constitution

Dec. 2, 2020
By David Belcher, Michael Belcher

Although Americans’ willingness to receive a COVID-19 vaccine has increased in recent weeks, current levels of support are unl...


Technology, Law Practice

AI is going to be crucial for lawyers and lawmakers, but defining AI is a lot harder than it might seem. Those versed in the p...


Tax, Labor/Employment

A new ruling from the Internal Revenue Service adds more uncertainty — businesses now face the choice of a greater tax burden ...


U.S. Supreme Court, Judges and Judiciary

Jumbled justices

MCLE
Dec. 1, 2020
By Benjamin G. Shatz

With only a few over a hundred justices in the court’s history, you might think there’d be no reason for confusion. Surely the...


Intellectual Property

The COVID-19 pandemic has prompted an intense and wide-ranging stampede by pharmaceutical companies, research institutions, ph...


Securities, Administrative/Regulatory

SEC adopts final rules to improve access to capital

Dec. 1, 2020
By Sara L. Terheggen

On Nov. 2, the SEC adopted final rules to reduce the complexity and “promote capital formation and expand investment opportuni...


Government, Constitutional Law

Commentators are divided on whether a presidential self-pardon is constitutional. The Constitution does not expressly prohibit...


Law Practice, Judges and Judiciary

Changes to court rules and procedures during COVID-19

MCLE
Nov. 30, 2020
By Gerald L. Sauer

This article examines statutory changes enacted during and in response to the pandemic, as well as procedural changes implemen...


U.S. Supreme Court, Constitutional Law

Do farmers have property rights?

Nov. 30, 2020
By Michael M. Berger


Technology, Government

The shady side of the Communications Decency Act

Nov. 30, 2020
By Christa H. Ramey

In so-called “tea rooms” or “shade rooms,” teenagers post disparaging comments and photos of their peers with impunity and rec...


Education Law, California Courts of Appeal

Ruling says Unruh Act does not apply to school districts

Nov. 27, 2020
By David Urban, Kristin Lindgren

The question of whether public school districts constitute “business establishments” under the Unruh Civil Rights Act and are ...


Letters, Law Practice

Examination article should be required reading

Nov. 27, 2020
By Rolf M. Treu

The excellent article of Messrs. Rushing and Hendricks on direct and cross examination should be required reading in every law...


Tax, Law Practice

Before making a payment, many companies across a wide variety of contexts will ask you for an IRS Form W-9. What is it, and if...


Labor/Employment

Last week, the Cal/OSHA Standards Board approved new emergency standards mandating employers take certain precautions to help ...


Criminal

The impossibility of Brady: Compliance depends upon imagination

MCLE
Nov. 25, 2020
By Christopher R. Ulrich

The stakes of Brady compliance are high — as they should be — and a prosecutor’s failure to disclose Brady material to the def...


Tax, Criminal

White collar crime tax deduction affects victims and prosecutors

Nov. 25, 2020
By Antonio R. Sarabia II, John Palermo

The Tax Cuts and Jobs Act of 2017 codified a surprising tax deduction for some white collar criminal defendants — and a new ob...


Law Practice

Direct and cross examination: The art of asking questions

MCLE
Nov. 25, 2020
By Don G. Rushing, Christopher Hendricks

One of an attorneys most powerful tools is the ability to call and orally examine witnesses under oath.


Appellate Practice, 9th U.S. Circuit Court of Appeals

Consumer arbitration wrinkles

Nov. 25, 2020
By Gary A. Watt, Patrick Burns

The 9th Circuit recently issued two opinions involving consumers and arbitration agreements.


Law Practice

Officer of the court

Nov. 24, 2020
By Curtis E.A. Karnow

The lawyer’s job description is this: officer of the court. This is true without regard to whether the lawyer ever steps foot ...


Law Practice

Rusty warriors

Nov. 24, 2020
By Gary A. Dordick

A boxer who has had a long layoff between bouts is rusty when he gets back in the ring. He moves a bit slower and lacks the sa...


Debates ensue over whether today’s law is overly complex and needs to be simplified. In the future, as artificial intelligence...


Intellectual Property

On Nov. 4, the Northern District of California amended its Patent Local Rules to clarify when, and to what extent, disclosures...


Tax, Real Estate/Development

As the economy attempts to climb out of the economic recession fueled by the COVID-19 pandemic, a new form of opportunity zone...


Administrative/Regulatory

One of the reasons this industry is so highly targeted is that many of these products sell for under $10 and are sold in big-b...