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California Supreme Court, Criminal

The recent guilty verdict in the Derek Chauvin trial demonstrates the importance of having a diverse and representative jury. ...


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

9th Circuit rightly upholds California’s retirement backstop

May 21, 2021
By Radha Pathak, John Stokes

Some state governments, including California, have stepped in to fill the gap left by employers who choose not to offer employ...


Administrative/Regulatory, Technology

If the pandemic has taught us anything, it’s that high-speed internet is crucial to our daily lives — and that’s unlikely to c...


California led the nation in consumer privacy when it enacted the California Consumer Privacy Act in 2018, establishing the fi...


Health Care & Hospital Law

Almost a week ago, the Centers for Disease Control and Prevention published a guidance on what vaccinated people can and canno...


Intellectual Property

Navigating whistleblower immunity for trade secret misappropriation

May 21, 2021
By Tom Wallerstein, Antonia I. Stabile

The 2016 Defend Trade Secrets Act grants immunity from trade secret liability to anyone who discloses a trade secret to an att...


Alternative Dispute Resolution

Take 5

May 21, 2021
By Anne M. Lawlor Goyette

Here are five key steps to a productive and successful mediation.


Civil Litigation, Law Practice

California is one of a mere handful of states — along with Arizona, Colorado, Florida and Idaho — that grants a “death discoun...


For today’s senior citizens, relying on a neighbor’s help could be less safe than you’d think, especially in large metropolita...


California taxes are high, and if you are a very high income earner, they could go up. California legislators have proposed ta...


Law Practice

Law offices across the nation are facing an eagerly awaited, though complex, decision: whether, and how soon, to reopen their ...


Bankruptcy, Real Estate/Development

Remember, landlords are sacred cows in bankruptcy

May 20, 2021
By M. Jonathan Hayes

We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money...


Law Practice, Technology

Seems like everyone knows about the seemingly astute advice to never bring a knife to a gunfight. A bit of myth-busting can sh...


Environmental & Energy, Government

In a proposal to reverse a misguided Trump administration policy, the U.S. Environmental Protection Agency is on track to rest...


Data Privacy, Environmental & Energy, Government, Technology

Like prior government efforts, the executive order does not directly impose cybersecurity measures on private companies, but i...


The recent predominance of mediations has obvious benefits and drawbacks to litigants in any civil case. But the impact on vic...


Judges and Judiciary, Letters

Profile left out justice’s most admirable trait

May 19, 2021
By Myron Moskovitz

The Daily Journal’s recent profile of Court of Appeal Justice Jim Richman did not mention his most admirable judicial trait: H...


California Supreme Court, Criminal

2 death penalty rulings, 2 different outcomes

May 19, 2021
By Dmitry Gorin, Alan Eisner

Two recent death penalty appeals highlight the difficult standard criminal defendants face on appeal to demonstrate that the p...


Bankruptcy, Civil Litigation, Law Practice

Are mega attorney fees in mega Chapter 11s unavoidable?

May 18, 2021
By Catherine E. Bauer

The recently reported mega attorney fees in the mega NRA and Boy Scout Chapter 11 bankruptcy cases made me think of the end of...


Constitutional Law, U.S. Supreme Court

What to expect from the Supreme Court

May 18, 2021
By Erwin Chemerinsky

With oral arguments done in the Supreme Court for this term, what is left is waiting for its rulings. The court heard argument...


Constitutional Law, Land Use

Over-reaching regulation squelched

May 18, 2021
By Michael M. Berger

Assume you bought a vacant parcel of land in an area built out with single family homes. Assume further that this is a coastal...


Ethics/Professional Responsibility, Law Practice

Why do pro bono? A matter of attorney ethics

May 18, 2021
By David M. Majchrzak, Heather L. Rosing

There is a persuasive argument not only that all lawyers should make the time for pro bono work, but there is an ethical respo...


Labor/Employment

For nearly a decade, there has been a groundswell of cultural and social movements seeking to rectify racial injustice, largel...


Appellate Practice

On amicus letters

MCLE
May 17, 2021
By Myron Moskovitz

When seeking high court review, get people and institutions affected by the Court of Appeal opinion to tell the Supreme Court ...


Books, Constitutional Law

Words aflame

May 17, 2021
By Richard Wirick

Books this good do not necessarily move rapidly to conclusions.


California Supreme Court, Law Practice, Obituaries

Cruz Reynoso: A man who stood for justice, 1931-2021

May 17, 2021
By Michael L. Stern

My friend Cruz Reynoso, the first Latino to serve on the California Supreme Court, passed away with dignity this past week at ...


Law Practice

Will lawyers be part of the growth in legal services?

May 17, 2021
By Lucy B. Ricca, Jason Solomon

The boom days of consumer legal services may be here. And they aren’t coming for lawyers.


Constitutional Law, U.S. Supreme Court

Supreme Court gun case could cause seismic shifts

May 17, 2021
By Glenn C. Smith

A case on the court’s docket for the 2021 term raises potentially far-reaching constitutional issues with obvious implications...


Ethics/Professional Responsibility, State Bar & Bar Associations

The State Bar of California’s sale of its ethics examination to the National Conference of Bar Examiners in 1980 and its deleg...


Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation

Frankly, a decision like Grabowski is long overdue in finding that improper ex parte communications in arbitration can no long...