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Appellate Practice, Law Practice

The score after a score

Jan. 5, 2021
By Benjamin G. Shatz

Rather than looking back over a memorably unpleasant time, let’s adopt the optimism of Sgt. Pepper and cast our glance at “20 ...


9th U.S. Circuit Court of Appeals, Antitrust & Trade Reg., Civil Litigation, Entertainment & Sports, U.S. Supreme Court

Supreme Court needs to rethink NCAA ‘amateurism’

Jan. 5, 2021
By Maurice M. Suh, Daniel L. Weiss

This term the U.S. Supreme Court will reconsider rulings finding the National Collegiate Athletic Association’s rules restrict...


Civil Litigation

Assembly Bill 2723 amends Section 664.6 and expands the party-signature requirement to provide that the writing may also be si...


Civil Litigation, Construction

In construction litigation it’s not uncommon for parties and their attorneys to hire “experts.” There are even special rules s...


Government, Immigration

California must step up and act to protect asylum seekers

Jan. 5, 2021
By Lisa Knox, Bianca Sierra Wolff

As attorneys who work with individuals in California’s six immigration detention centers, we have seen firsthand our immigrati...


Constitutional Law, U.S. Supreme Court

Public health versus religious liberty

Jan. 5, 2021
By Joshua Matz, Talia Nissimyan

Since Justice Amy Coney Barrett replaced Justice Ruth Bader Ginsburg, the U.S. Supreme Court has sharply intensified its revie...


Constitutional Law, Government

Invalid appointments and the restoration of DACA

MCLE
Jan. 4, 2021
By Ethan D. Dettmer, Suria M. Bahadue

Unless Congress provides otherwise, most federal vacancy appointments are governed by the Federal Vacancies Reform Act.


Administrative/Regulatory, Government

The hurried effort to repeal Section 230 is ill-advised

Jan. 4, 2021
By Daniel B. Lifschitz

Although passed in response to the digital revolution, Section 230’s protections are far from novel.


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

A recent case further expands protection for employees and their beneficiaries by expanding the circumstances their medical pr...


Appellate Practice, Law Practice

Staring ace trial lawyer Flash Feinberg and his trust sidekick Professor Plato.


Law Practice, Tax

Legal malpractice claims arise out of accident and medical malpractice cases, wills and trusts, divorce, litigation, tax advic...


Government, Immigration

Immigration changes to look for under the Biden administration

Jan. 4, 2021
By Eli M. Kantor, Jonathan D. Kantor

President-elect Joe Biden has already highlighted some of the immigration policies that he would like to implement during his ...


Ethics/Professional Responsibility, Law Practice

The coronavirus pandemic has been no zombie apocalypse, but it has forced law firms to reevaluate how they do business, partic...


Ethics/Professional Responsibility, Law Practice

The line between zealous advocacy and contempt

Dec. 31, 2020
By Franklin R. Garfield

The duty of zealous advocacy on behalf of a client is an established tenet of the adversarial process that examines issues fro...


Labor/Employment, Tax

Expenses with PPP loans can be written off

Dec. 31, 2020
By Robert W. Wood

The Paycheck Protection Program was the centerpiece of the CARES Act, providing loans to businesses of up to $10 million. If y...


Ethics/Professional Responsibility, Law Practice

A lawyer's duty not to pursue frivolous claims has entered the public discourse, thanks to the 50-plus lawsuits that the Trump...


Labor/Employment

In what could surely be called a Christmas miracle, millions of doses of COVID-19 vaccine have been distributed and are being ...


Alternative Dispute Resolution, Ethics/Professional Responsibility, Law Practice

Arbitration award challenge comes with steep price

Dec. 31, 2020
By Zareh Jaltorossian

California Code of Civil Procedure Section 904.1 grants parties the right to appeal a number of appealable orders and judgment...


Ethics/Professional Responsibility, Law Practice

Warning: Getting paid and not letting go of unearned fees

Dec. 31, 2020
By Ira M. Friedman, David Friedman

In 2020 we saw some high-flying attorneys come crashing down due to ethical problems. While it is (hopefully) easy to see how ...


Military Law

Sergeant First Class Richard Stayskal would get his second chance. Stayskal, who’s lung cancer was misdiagnosed by Army doctor...


Civil Litigation, Intellectual Property

Privilege waiver and good faith reliance on non-privileged information

MCLE
Dec. 30, 2020
By Richard S.J. Hung, Yuqing Cui

If extended to the context of willful patent infringement, a recent ruling would suggest an implied privilege waiver in many c...


Administrative/Regulatory, Environmental & Energy, Government

Priorities for President-elect Joe Biden’s EPA

Dec. 30, 2020
By Richard M. Frank

It’s been a long and dispiriting four years for the U.S. Environmental Protection Agency under President Donald Trump.


Administrative/Regulatory, Environmental & Energy, Government

As it began, so it ends. Over the past four years, the Trump administration has proposed a multitude of changes to environment...


Intellectual Property

Cannabis businesses have been able to find creative solutions for protecting their intellectual property rights — at least to...


Environmental & Energy, Insurance

Defining environmental contamination insurance costs

Dec. 30, 2020
By Jordan Stanzler

Policyholders seek to maximize the benefits of insurance by characterizing costs as defense costs, while insurance companies s...


Civil Litigation

The supplemental request is an often underutilized tool in discovery in the current litigation environment. It’s so underutili...


Antitrust & Trade Reg., Law Practice, Technology

There is a resurgence of interest in antitrust laws, aimed especially at the tech field and qualms about tech firms that have ...


Criminal, U.S. Supreme Court

The court will decide whether the Computer Fraud and Abuse Act is essentially an anti-hacking statute or a data protection sta...


California Supreme Court, Judges and Judiciary, Law Practice

When it comes to terminology that is acceptable in legal briefs and judicial opinions, the California Style Manual is the bibl...


Civil Litigation, Law Practice

By the time the session closed on Sept. 30, less than half the typical number of bills had won final approval, with 372 chapte...