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Land Use, Tax

Developers who were hoping for an expansion of opportunity zones recently got some disappointing news.


Civil Litigation, Family

Competency in the civil litigation arena

MCLE
Jun. 10, 2021
By Scott J. Nord

The following question was posed during a roundtable discussion: “What steps can a court take when it determines that a self-r...


U.S. Supreme Court

3 key takeaways from Supreme Court's CFAA decision

Jun. 9, 2021
By Jonathan H. Blavin, Nicholas D. Fram

The U.S. Supreme Court handed down its first substantive interpretation of the Computer Fraud and Abuse Act on June 3 in Van B...


Labor/Employment

Last summer, the National Labor Relations Board asked for public input as to whether it should rescind, modify or simply retai...


Ethics/Professional Responsibility, Law Practice, Technology

Lawyers craft legal arguments for their court cases. AI-based legal reasoning systems will be able to assist in such efforts a...


Tax, Technology

The Treasury Department is expected to publish new rules to say that businesses that receive crypto worth more than $10,000 wo...


Government, Securities

Congress sets sights on insider trading legislation

Jun. 8, 2021
By Thomas A. Zaccaro, Nicolas Morgan

The House of Representatives recently passed the Insider Trading Prohibition Act, a bill that, if passed by the Senate, would ...


Alternative Dispute Resolution, California Courts of Appeal

With rare exceptions, such as a need to discuss administrative matters, an ex parte communication between an arbitrator and at...


There once was a time when Angelenos with the misfortune of ending up in a car crash could at the very least count on an offic...


We need strong governing policies for FGG in order to safeguard the privacy of third-party individuals who are found to have a...


Judges and Judiciary, Law Practice

Revelations III

Jun. 7, 2021
By Arthur Gilbert

Lately I’ve been thinking about judges searching for anonymity when taking a beating by a “higher” court.


Appellate Practice, Law Practice

Tenacity

Jun. 7, 2021
By Myron Moskovitz

One day, back when I was a budding law professor, my phone rang. “Hi. I’m Don Jelinek. I just arrived in the Bay Area from the...


Appellate Practice, California Courts of Appeal, Civil Litigation

That's the lesson of a few recent appellate decisions.


SoCal air district adopts first-of-its-kind ‘indirect source rule’

Jun. 7, 2021
By Jeffrey Carlin, Gregory S. Berlin

The South Coast Air Quality Management District recently adopted a first-of-its-kind “indirect source rule” that makes owners ...


Environmental & Energy

“Going Dutch” now may mean increased corporate liability for climate change impacts after a Dutch court found that Royal Dutch...


Books

The Pistol Patriarchs

Jun. 4, 2021
By Richard Wirick

A review of two recent books examining the origins of some of today’s firearms.


Labor/Employment

Just as law enforcement programs across the country, in response to the countless George Floyds we’ve learned about, are repla...


Covid Columns, Judges and Judiciary, Law Practice

Policymakers are preparing to make decisions before the California constitutional deadline of June 15 to pass the 2021-22 Cali...


Environmental & Energy

European rulings show new approach to climate change cases

Jun. 4, 2021
By Beth Hummer, Davina Pujari

A trifecta of climate change rulings — finding standing in NGOs and individuals against contributors to climate change and gov...


Ethics/Professional Responsibility, Law Practice

Key considerations for confidential settlement agreements

Jun. 4, 2021
By Shari L. Klevens, Alanna G. Clair

Although confidential settlements are prohibited in certain cases, there are still types of cases in which confidentiality cla...


Alternative Dispute Resolution

The ethics of ordering videoconference arbitration

Jun. 4, 2021
By Christopher David Ruiz Cameron

Can an arbitrator compel a virtual hearing over the objection of a resistant party?


Legal Education, Military Law

Law school clinic helps injured vets

Jun. 3, 2021
By Eileen C. Moore

Two Army veterans, suffering from physical and mental injuries were discharged with less than honorable characterizations to t...


Law Practice, Technology

Soft law is oftentimes the precursor to official and formalized on-the-books hard laws. The range of soft law is somewhat expa...


At stake in a case pending before the U.S. high court is the right of a criminal defendant under the Sixth Amendment “to be co...


Appellate Practice, U.S. Supreme Court

Last week the U.S. Supreme Court unanimously held that Federal Rule of Appellate Procedure 39 “does not permit a district cour...


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

Wage and hour law often embraces a doctrine of statutory interpretation that puts its thumb on the scale of justice in favor o...


Construction

Before the Kardashians, before "Empire," before "Crazy Rich Asians," there was "Lifestyles of the Rich and Famous" with Robin ...


Law Practice, Tax

Litigation funding now, taxes later, why not?

Jun. 2, 2021
By Robert W. Wood

If your uncle, best friend or bank loans you money, is it taxable? Nope, not if it’s a real loan. But the loan or income disti...


California Supreme Court, Constitutional Law

A pivotal First Amendment case involving student use of social media and the allowable boundaries of school regulation of off-...


Appellate Practice

Putting a contract out on appeals

Jun. 1, 2021
By Benjamin G. Shatz

The intentional deprivation of the life of an appeal can occur contractually.