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Law Practice

300 years ago

Nov. 2, 2020
By Arthur Gilbert

Arthur Gilbert and I have some things in common: we both have two first names — only mine, Gilbert Arthur, sounds literary. An...


Law Practice, Appellate Practice

Word Counts

Nov. 2, 2020
By Myron Moskovitz

When I receive an appellant’s opening brief or respondent’s brief from my opponent, I print it out. Then I close my eyes and h...


Administrative/Regulatory

FDA proposes rule clarifying evidence for determining product’s intended use

Nov. 2, 2020
By David M. Hoffmeister, James R. Ravitz

Recently, the U.S. Food and Drug Administration issued a statement and proposed rule clarifying the types of evidence that the...


Civil Litigation, California Courts of Appeal

In a recent ruling, the 3rd District Court of Appeal considered whether Code of Civil Procedure Section 529 requires parties g...


U.S. Supreme Court, Judges and Judiciary, Government

Democratic presidential candidate Joe Biden has been peppered with questions about whether he will “pack the court” by adding ...


Technology, Law Practice

There is an ongoing need to contend with differences between what the law states and what morality proffers. This is going to ...


Tax, Law Practice

Legal settlements are usually taxed as income, and they are usually ordinary. That is the IRS default position. But the IRS is...


Law Practice, Ethics/Professional Responsibility

Communicating with clients and colleagues during COVID-19

Oct. 30, 2020
By David M. Majchrzak, Heather L. Rosing

Speak to a risk management specialist in just about any industry, and they will tell you one of the best tools to prevent clai...


Labor/Employment

Approximately 31% of workers switched from working onsite to working at their home offices by the first week of April. This ch...


Law Practice, Ethics/Professional Responsibility

The future of advance conflict waivers in California

MCLE
Oct. 30, 2020
By Amy L. Bomse

This article considers where California law stands on broad advance conflict waivers in the wake of the California Supreme Cou...


Criminal, Constitutional Law, Civil Rights, California Supreme Court

Friends of the court, enemies of the death penalty

Oct. 29, 2020
By Stephen F. Rohde

On Monday, Gov. Gavin Newsom told the California Supreme Court that "racial discrimination infects the administration of Calif...


Criminal, California Courts of Appeal

Earlier this month, the 1st District Court of Appeal issued an opinion that adheres to an unfortunate trend in some courts to ...


Civil Litigation, Administrative/Regulatory

Pitfalls of proposed amendments to CDA Section 230

Oct. 29, 2020
By Daniel Rozansky, Cristy Jonelis

Recently proposed amendments to Section 230 of the Communications Decency Act will increase interactive computer service provi...


Family

A judge I regularly practice in front of once confessed that “move-away” custody cases are the worst part of his job.


Labor/Employment, Covid Columns

Some questions, and few answers, about the ramifications of COVID-19 on disability claims.


Technology, Government, Corporate, Antitrust & Trade Reg.

Is the DOJ’s Google antitrust lawsuit just the beginning?

Oct. 28, 2020
By David W. Kesselman, Amy T. Brantly

While the lawsuit against Google is certainly a welcome beginning, it will take more than a single lawsuit to open up competit...


Environmental & Energy, California Supreme Court

The Nevada Supreme Court recently issued a landmark decision interpreting the public trust doctrine that is fundamentally inco...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Neither I nor any of the numerous others who thought that the Supreme Court finally cleared the decks for federal court litiga...


Law Practice, Ethics/Professional Responsibility

Selfish civility?

Oct. 28, 2020
By Michael P. Masuda

The idea is that we benefit, perhaps selfishly, by acting with civility and professionalism: by simply being nice.


Government, Civil Litigation

A recent California appellate decision has injected some doubt into the ability of municipalities to recover their attorney fe...


U.S. Supreme Court, Criminal, Constitutional Law, California Courts of Appeal

Does “hot pursuit” of a misdemeanor suspect categorically qualify as an exigent circumstance, excusing obtaining a warrant pri...


U.S. Supreme Court, Intellectual Property, Civil Litigation

This month, the U.S. Supreme Court granted three petitions seeking review of a Federal Circuit decision holding that all admin...


Insurance

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers, and other insur...


Government

The Department of Justice filed a motion to substitute the government for Trump as the defendant in Jean Carroll’s defamation ...


Tax, Criminal

“Biggest ever” can be a term you might want to hear about some things. But if it is a tax issue you are describing, “biggest e...


Corporate, Antitrust & Trade Reg.

Will Congress restore antitrust to protect competition?

Oct. 26, 2020
By David W. Kesselman, Amy T. Brantly

In a year like no other, with a deadly pandemic raging and in the midst of a polarizing presidential election, a recent congre...


Law Practice, Appellate Practice

What a long, strange trip it’s been

Oct. 26, 2020
By Sarah Hofstadter

Lessons from an unorthodox career


Bankruptcy

We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted t...


Criminal

Los Angeles district attorney candidate George Gascón proposes that domestic violence victims, even if served with a subpoena,...


Technology, Communications Law, Administrative/Regulatory

Recent headlines have renewed questions about who will control the build out of the next generation of wireless networks, know...