Criminal
2021 signals a new day for criminal justice in California
By Lara Yeretsian
Beginning Jan. 1, 2021, major reforms will affect the juvenile justice system, the treatment of misdemeanor offenders, the rig...
What the Biden administration may mean for employers nationwide
Administrative/Regulatory
Administration change may coincide with TCPA changes
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
Can a public entity demand substitution of a subcontractor?
By Garret D. Murai
The Listing Law assumes that when substituting one subcontractor for another, it is the direct contractor who is making the su...
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
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
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
Dissecting a legally opined definition of artificial intelligence
By Lance Eliot
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
IRS addresses treatment of expenses paid with PPP loans
By Phil Jelsma
A new ruling from the Internal Revenue Service adds more uncertainty — businesses now face the choice of a greater tax burden ...
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
Choosing how to protect COVID-19-related inventions
By Dariush Adli
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
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
Does the Constitution give the president the power to self-pardon?
By John H. Minan
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
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?
By Michael M. Berger
Technology, Government
The shady side of the Communications Decency Act
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
By David Urban, Kristin Lindgren
The question of whether public school districts constitute “business establishments” under the Unruh Civil Rights Act and are ...
The excellent article of Messrs. Rushing and Hendricks on direct and cross examination should be required reading in every law...
Tax, Law Practice
If you receive a request for an IRS Form W-9, what should you say?
By Robert W. Wood
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
How Cal/OSHA’s COVID-19 standard’s will affect employers
By Colin Calvert
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
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
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
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
By Gary A. Watt, Patrick Burns
The 9th Circuit recently issued two opinions involving consumers and arbitration agreements.
The lawyer’s job description is this: officer of the court. This is true without regard to whether the lawyer ever steps foot ...
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...
Considering whether AI will simplify or complicate the law
By Lance Eliot
Debates ensue over whether today’s law is overly complex and needs to be simplified. In the future, as artificial intelligence...
Intellectual Property
Northern District amends Local Rules on claim construction disclosures
By Matthew A. Chivvis
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
Variation emerges on opportunity zone investing during pandemic
By Phil Jelsma
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
Why Proposition 65 has a disproportionate effect on arts and crafts
By Anne Marie Ellis
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...