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Criminal

Review the rules requiring corroboration of accomplice testimony

MCLE
Oct. 26, 2020
By Gregory L. Prickett

The objective of this article and accompanying self-study test is to review the rules regarding the requirement that testimony...


Law Practice, Ethics/Professional Responsibility, Covid Columns

Client communications during COVID-19

Oct. 23, 2020
By Louie H. Castoria

California's Rules of Professional Conduct are primarily about one thing: communication. And communicating effectively with cl...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

A tale of civility

Oct. 23, 2020
By Patrick M. Kelly

The story behind the State Bar oath become more.... civil.


Labor/Employment, Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals

Ruling demonstrates when employers are agents of insurers

Oct. 23, 2020
By Robert J. McKennon

A recent 9th Circuit decision affirms that in the context of employer-sponsored benefits, the employer is the agent of the ins...


State Bar & Bar Associations, Legal Education, Law Practice

The State Bar of California Provisional License Working Group released a memorandum last week supporting a proposal to impleme...


Tax, Law Practice

If you are a plaintiff, you should care about taxes, and if you are a plaintiff’s lawyer, you should make sure your client tak...


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

Just what makes a decision “final” enough to support a Fifth Amendment takings claim?


Law Practice, Civil Litigation

You have marshalled your evidence, tagged your exhibits, scheduled your witnesses, and drafted your motions in limine. Now it ...


Law Practice

An interview with: Taina Gomez, Solano County DPD

Oct. 22, 2020
By Mallika Kaur, Taina Gomez

Mallika speaks to a deputy public defender about what the last decade of indigent defense work has taught her about the diffic...


In recent years I have had the good fortune to obtain large verdicts for my personal injury clients, including three of the to...


Law Practice, Intellectual Property, Covid Columns

The pandemic has affected virtually every aspect of the practice of law. But we have heard little about how intellectual prope...


Technology, Law Practice

A common assumption is that the law ought to be readily codified into a form of pure logic and thus amenable to easily being e...


Criminal

While Assembly Bill 3234 has been touted as a saving grace for first-time misdemeanor offenders who may be offered diversion b...


Civil Litigation, Administrative/Regulatory

Twitter, Hunter Biden and the CDA’s Section 230 safe harbor

Oct. 21, 2020
By Daniel Rozansky, Cristy Jonelis

Twitter is once again making headlines after blocking users from tweeting two New York Post articles on the basis that the art...


U.S. Supreme Court, Civil Litigation, Appellate Practice

Court to weigh appellate jurisdiction under removal statutes

Oct. 21, 2020
By John F. Querio, Lacey L. Estudillo

This term, the U.S. Supreme Court will address whether 28 U.S.C. Section 1447(d) permits a federal court of appeals to review ...


Data Privacy, Covid Columns, Corporate

Ransomware attacks are carried out by cyber criminals who hack a company’s computer systems and encrypt or otherwise block acc...


Tax, Corporate

2021 seems likely to hold big tax changes, but how much higher will they go, and on what specifically?


Torts/Personal Injury, Probate, Family, Covid Columns

As quarantine restrictions loosen around the country and people have access to family members, cases of financial elder abuse ...


Family, Covid Columns

Custody during the pandemic: When the bubble bursts

Oct. 21, 2020
By Cara L. Boroda

The courts informed the public that the pandemic was not a time to change agreements and hard-won orders and to deviate from l...


Corporate, Civil Rights, Civil Litigation

Shareholder derivative suits focus on diversity at the top

Oct. 20, 2020
By Virginia F. Milstead, Peter B. Morrison

Over the past few months, a spate of shareholder derivative actions and new California legislation have focused on diversity a...


Immigration

Victories affirm California's right to protect immigrants in detention

Oct. 20, 2020
By Jackie Gonzalez, Hamid Yazdan Panah

Earlier this month, a federal district court issued a ruling largely upholding the constitutionality of Assembly Bill 32, a la...


Securities, Corporate

Ruling addresses ‘corrective disclosures’ in securities suits

Oct. 20, 2020
By D. Scott Carlton, April Hua

The 9th Circuit recently issued yet another opinion seeking to clarify what constitutes a “corrective disclosure” of fraudulen...


On Oct. 6, litigation over access to documents related to the investigation into Russian interference in the 2016 election too...


Tax, Real Estate/Development, Government

We are all being inundated with news coverage of the presidential race and information about the candidates. However, far less...


Justice Neil Gorsuch and the rule of law

Oct. 19, 2020
By Alan Charles Dell'Ario

As he wrote in two recent decisions, consequences of federal laws unforeseen by their drafters are no reason to decline to app...


Adapting to conservative courts

Oct. 19, 2020
By Myron Moskovitz

In my salad days, I went through something similar to what we’re seeing on the courts today. It requires adjustments, not surr...


Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Congress appears ready to enter the ongoing battle for control over the NCAA’s amateurism rules with the introduction of the b...


Government, Constitutional Law

On Oct. 13, the Supreme Court denied the plaintiffs’ petition for certiorari in a case accusing the president of violating the...


There’s a sound physiological reason that teens on average are less prudent than adults. The prefrontal cortex governing behav...


Real Estate/Development, Banking

SB 1079 is a set back for both lenders and borrowers

MCLE
Oct. 19, 2020
By Robert S. McWhorter, Jarrett Osborne-Revis

This bill makes nonjudicial foreclosures slower, more expensive, and a less appealing remedy against defaulting trustors-debto...