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Judges and Judiciary

‘Your Honor, you’re still on mute’

May 14, 2020
By Samantha P. Jessner

For the most part, courts have functioned pretty much the same way for centuries, with lawyers, clients, witnesses, judges and...


State Bar & Bar Associations, Letters, Legal Education

... or perhaps the bar exam system is broken

May 14, 2020
By Mitchel L. Winick

“The simplest solution is most likely the right one.” This is the most common paraphrased version of English Franciscan friar ...


State Bar & Bar Associations, Letters, Legal Education

Good lawyering is not about regurgitating knowledge

May 14, 2020
By Michiel Pestman

Only 26.8% of the candidates passed the February California bar exam. This is the lowest pass rate since 1951, when the bar st...


Military Law, Law Practice

Up and down the state, judges, lawyers, court personnel and justice partners have been dedicating themselves to their mission ...


Criminal

Amid the dark clouds of the ongoing pandemic, a silver lining has appeared for white collar defendants and their counsel, in t...


Labor/Employment, Civil Litigation

A major deficiency under the current whistleblower protections is the time-consuming litigation process subjecting aggrieved e...


Labor/Employment, Government

Did the governor’s Paid Sick Leave order exceed his authority?

May 13, 2020
By James J. McDonald Jr., Ben Ammerman

The governor recently issued Executive Order N-51-20 which ordered private sector employers of more than 500 employees to prov...


Labor/Employment

As California communities return to work amidst the ongoing pandemic, landlords must consider how and when to reopen tradition...


Labor/Employment

Permitting employees to work remotely comes with its own special wage and hour considerations that must be addressed, especial...


Labor/Employment, Civil Litigation, California Supreme Court

The verdict is in on PAGA jury trials

MCLE
May 12, 2020
By Steven B. Katz

Last week’s California Supreme Court decision in Nationwide Biweekly, although not a PAGA case, all but definitively settles t...


U.S. Supreme Court, Government, Constitutional Law

Losing the rule of law

May 12, 2020
By Erwin Chemerinsky

Never before have I so despaired for the rule of law in the United States. The decision of the U.S. Department of Justice to ...


U.S. Supreme Court, Government, Constitutional Law


Labor/Employment, Entertainment & Sports, Civil Litigation

In a May 1 ruling, the court threw out the players’ equal pay claims, leaving only a sliver of the case for trial.


Labor/Employment, Civil Litigation

On May 5, California Attorney General Xavier Becerra, along with the City Attorneys for the cities of Los Angeles, San Diego a...


What Congress and the Small Business Association giveth, the IRS taketh away.


Corporate

Lender’s liability and MAC clauses in the era of COVID-19

May 11, 2020
By Jennifer A. Post, Simran S. Bindra

To mitigate the unprecedented financial impacts of the COVID-19 pandemic, lenders are reviewing their existing loan portfolios...


U.S. Supreme Court, Environmental & Energy

Ruling creates certainty and uncertainty at current and future Superfund sites

May 11, 2020
By Leila Bruderer, Steven H. Goldberg

In a case watched closely by environmental attorneys around the country, the U.S. Supreme Court solidified the EPA's authority...


Tax, Government

While it’s not possible to cover all of the legal issues that nonprofits are currently facing in this one column, I’m focusing...


California Supreme Court, Appellate Practice

Electronic argument in the California Supreme Court

May 11, 2020
By Michael G. Colantuono

The California Supreme Court is conducting oral arguments by video conference during the pandemic. I argued two cases there on...


Bankruptcy

Navigating the fiscal impacts of the COVID-19 pandemic

May 11, 2020
By David S. Kupetz, Victor A. Sahn

It is important that businesses enduring significant financial distress, even if the problems only arose as a result of fall-o...


The presiding judge for Los Angeles County Superior Court recently announced that a “ramp up” gradual resumption to business a...


U.S. Supreme Court, Intellectual Property

On April 20, the U.S. Supreme Court held that courts may not review a decision by the Patent Trial and Appeal Board to institu...


Education Law

A new era for Title IX

May 8, 2020
By Samuel Josephs, Lindsey M. Hay

On Wednesday, Education Secretary Betsy DeVos finally made good on her promise to codify procedures that will provide a “consi...


Law Practice

Tips for working from home

May 8, 2020
By Shari L. Klevens, Alanna G. Clair

For many attorneys used to the daily routine of going into the office, the pandemic has had a jarring impact on both their pro...


Real Estate/Development, Appellate Practice

The virus on appeal, part 4

May 8, 2020
By Myron Moskovitz

My prior columns on this topic suggested that a commercial tenant who fails to pay the rent because the corona virus undermine...


U.S. Supreme Court

Justices and their citations

May 8, 2020
By Michael J. Raphael

Can you imagine if the text of a U.S. Supreme Court opinion had no citations at all? You actually don’t have to.


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

The always forward-thinking New York City Bar Association has urged adoption of a humanitarian exception to its ethics rules t...


Books

The pandemic’s Cassandra

May 8, 2020
By Richard Wirick

A book is about to be reissued — and I mean really reissued, 100,000 print copies — by the young Toronto writer Emily St. John...


Tax, Labor/Employment

The federal Paycheck Protection Program was meant to help small businesses keep their employees on payroll, and to pay utiliti...


Alternative Dispute Resolution

This is the second part of my article on maximizing online platforms for success in arbitrations in the new normal of the Covi...