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U.S. Supreme Court, Appellate Practice

Shadow precedent?

Nov. 23, 2020
By Susan Yorke

Making sense of the precedential value of the US Supreme Court’s non-merits orders


Bankruptcy

It’s time for Congress to address bankruptcy venue

Nov. 23, 2020
By Brian Davidoff, Elissa Miller

What do the Dodgers, American Apparel, Rubio’s Fish Tacos, California Pizza Kitchen, MGM Studios and Pacific Sunwear have in c...


Labor/Employment

Gazing into the employment law crystal ball for 2021

Nov. 23, 2020
By Todd R. Wulffson

Businesses in California have a solid, triple threat coming at them right now — a new year, a new administration in Washington...


Government, Criminal

Psychedelic drugs, such as psilocybin mushrooms, ayahuasca and peyote, are federally illegal. Nevertheless, over the next few ...


Torts/Personal Injury, Labor/Employment

Even if you do not litigate long-term disability claims, understanding their importance will guide clients in the right direction


Data Privacy

CPRA’s impact on CCPA enforcement and compliance

Nov. 20, 2020
By Sheri Rockwell, Alexis Miller Buese

California is once again on the forefront of data privacy law with the passage of Proposition 24, the California Privacy Right...


Government, Covid Columns

California has set new statewide restrictions and pulled an “emergency brake” of reopening rollbacks in counties across the st...


U.S. Supreme Court, Health Care & Hospital Law, Constitutional Law

The U.S. Supreme Court heard oral argument last week in the most controversial cases of the term, concerning the constitutiona...


Insurance

The 2020 California wildfire season has involved the largest and most destructive fires on record in state history. Cannabis g...


Tax, Law Practice

Lawyers, settlements and taxes

MCLE
Nov. 19, 2020
By Robert W. Wood

A guide for the unwary


Technology, Law Practice

There is a palpable and ongoing tension underlying the role of sentiment in both the practice of law and throughout our courts...


Power shutoffs: What California water providers should know

MCLE
Nov. 18, 2020
By Willis Hon, Tara Paul

Over the past few years, catastrophic wildfires in California have led to an increased use of public safety power shutoff, oft...


Data Privacy, Administrative/Regulatory

While the FCC under Ajit Pai’s leadership may be expected to disavow any responsibility for videoconferencing on the basis tha...


U.S. Supreme Court, Constitutional Law, Civil Rights

Discrimination based on religion

Nov. 17, 2020
By Erwin Chemerinsky

During recent oral arguments, Justice Amy Coney Barret rightly said: “I think we would agree that there’s really not any circu...


Torts/Personal Injury

Last week, Jonathan “Mac” Williamson, a former standout outfielder for the San Francisco Giants, filed a negligence and premis...


Law Practice

Notwithstanding constitutional limitations, the Legislature has provided that in probate conservatorship proceedings — cases i...


Tax, Covid Columns

What a year 2020 has been. Many people in California and elsewhere are still working remotely. In some cases, that includes pe...


Labor/Employment, Government, Covid Columns

LA gets novel COVID-19 workplace safety compliance monitoring program

Nov. 17, 2020
By Brandon Young, Jacob Itzkowitz

Over the last several months, Los Angeles County has been on the cutting edge of developing novel solutions to the education a...


Appellate Practice

The respondent’s brief

Nov. 16, 2020
By Myron Moskovitz

There are a few things to note specifically about the respondent’s brief.


Constitutional Law, Appellate Practice

WWLHD? (What would the Legislature have done?

Nov. 16, 2020
By Brian M. Hoffstadt

Of late, the California Supreme Court has devoted a fair bit of its time to resolving ambiguities in several of the recently a...


Criminal

Prop 25 voters rejected false narrative of class warfare

Nov. 16, 2020
By Jeffrey J. Clayton

The defeat of California’s Proposition 25 may have come as a surprise to some, but not to those who have closely watched the d...


Intellectual Property

Ruling may diminish ability to avoid induced infringement liability

Nov. 16, 2020
By Vern Norviel, Prashant Girinath

Recently, the U.S. Court of Appeal for the Federal Circuit issued a split panel decision on induced infringement.


Law Practice, Judges and Judiciary

In-person civil jury trial success in OC

Nov. 13, 2020
By James J. Di Cesare, Dennis Ma

The COVID-19 pandemic has forced courts all over the state to quickly adapt to new modes of operation. Civil operations in Ora...


Law Practice, Judges and Judiciary

Minor’s Compromises: a guide

MCLE
Nov. 13, 2020
By Scott J. Nord

Settlements are often largely within the control of the parties to structure to bring a case to resolution. However, when sett...


Labor/Employment, Civil Litigation

Assembly Bill 5 and the future of franchising

Nov. 13, 2020
By Barry Kurtz, Matthew Soroky

Despite damning precedent that the test may apply to the franchise relationship, franchisors may have a viable argument that f...


Ethics/Professional Responsibility

Hidden risks in practicing law in the age of COVID-19

Nov. 13, 2020
By Randall A. Miller

“Crises and deadlocks when they occur have at least this advantage, that they force us to think.” — Jawaharlal Nehru


Law Practice

Navigating virtual depositions

Nov. 13, 2020
By Micaela Banach, Deborah Dixon

COVID-19 has awakened the legal community to use technology more effectively to efficiently resolve cases.


Living and paying taxes in California is expensive. If the COVID-19 pandemic has taught us anything, it might just be that it ...


A Brooklyn native who was raised in Queens and had attended college and law school on the east coast, Hal had no inkling that ...


Technology, Law Practice

Efforts to achieve artificial intelligence that can perform legal reasoning ostensibly on par with human attorneys are ongoing...