Government
Trump sued for violating the Presidential Public Records Act
By John H. Minan
The act exists for a simple reason: To ensure a complete and accurate record of historically valuable presidential records.
California Courts of Appeal, Criminal
Legal pot isn’t probable cause for a vehicle search
By Dmitry Gorin, Alan Eisner
An appellate court recently ruled that the plain language of the law prevents the presence of marijuana, by itself, from const...
Civil Litigation, Entertainment & Sports, Labor/Employment
US Women’s Soccer case goes into extra time after settlement
By Garrett R. Broshuis
On Dec. 1, the players and U.S. Soccer Federation — against whom the case is brought — agreed to partially settle the case so ...
Uncle Sam was a big client this year
By Karl Olson
As year-end approaches, many law firms start crunching numbers and figuring out who their biggest client or source of revenue ...
We are becoming familiar with the terms post-traumatic stress disorder, traumatic brain injury and military sexual trauma. But...
Tax
Internal Revenues Service finalizes Section 1031 real property definition
By Phil Jelsma
On Nov. 25, the Internal Revenue Service finalized its proposed Section 1031 regulations, issued on June 12.
Administrative/Regulatory, Constitutional Law, U.S. Supreme Court
High court should require agencies to be transparent about decision-making
By Damien M. Schiff, Charles Yates
In a recent case the Supreme Court must grapple with a question of fundamental importance to any system of popularly accountab...
Corporate
Institutional investors’ role in diversifying boardrooms
By Teresa L. Johnson, Amy V. Endicott
In the past three years, California has made headlines for requiring the boards of publicly traded companies headquartered in ...
Granted, I made a big deal about my 300th column. When I brought it up in conversation, others would change the subject. I ack...
Appellate Practice, Law Practice
Appellate Adventures, Chapter 14: "More Tips on Writing the Argument"
By Myron Moskovitz
Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.
Administrative/Regulatory, Constitutional Law, Government
High court should clarify that agencies cannot break the law without consequence
By Jeffrey McCoy
To ensure that agencies act within the law’s confines, courts, especially the Supreme Court, must hold those agencies accounta...
Government, Immigration
Biden-Harris administration priorities for rebuilding the asylum system
By Blaine M. Bookey
Over the last four years, the Trump administration has all but eliminated asylum protection in the United States.
Labor/Employment
Key COVID-19 points for employers to keep in mind in 2021
By Shaye N. Schrick
Employers must continue to navigate the various intertwining — and sometimes contradictory — employment laws affecting their w...
Ethics/Professional Responsibility, Law Practice
Catch the client’s eye: The evolution of trade names in the law
By Heather L. Rosing, David M. Majchrzak
A century ago, lawyer advertising was widely considered to be unprofessional and uncouth. In keeping with this, most law pract...
Government
Time to amend the Presidential Transition Act of 1963
By Mathew S. Rosengart
There are typically about 5,000 federal job openings that a new administration needs to fill; prospective Cabinet and sub-Cabi...
Civil Litigation
Mastering the use of special masters in complex civil cases
By Daniel B. Garrie, Gail A. Andler
lack of proper judicial management could cause these cases to place unnecessary burdens on the court or the litigants, raise ...
Ethics/Professional Responsibility, Law Practice
Ethical online marketing for lawyers during the COVID-19 pandemic
By Kristen Marquis Dennis
One day in March, everything changed. Governor Gavin Newsom declared a state of emergency in California and implemented a stat...
Law Practice
Thankfulness during the pandemic for California lawyers
By Shari L. Klevens, Alanna G. Clair
Here are four ways that the legal profession has changed for the better this year.
California Courts of Appeal, Civil Litigation, Constitutional Law
A plea for publication: ruling on common takings issue
By Michael M. Berger
The case warrants the publicity of publication because it discusses an issue that arises with some regularity, but does not us...
Criminal
2021 signals a new day for criminal justice in California
By Lara Yeretsian
Beginning Jan. 1, 2021, major reforms will affect the juvenile justice system, the treatment of misdemeanor offenders, the rig...
What the Biden administration may mean for employers nationwide
Administrative/Regulatory
Administration change may coincide with TCPA changes
By Eric J. Troutman
At nearly 30 years old, the Telephone Consumer Protection Act remains the crown jewel of the federal response to the robocall ...
California Courts of Appeal, Civil Litigation, Construction
Can a public entity demand substitution of a subcontractor?
By Garret D. Murai
The Listing Law assumes that when substituting one subcontractor for another, it is the direct contractor who is making the su...
The juxtaposition of liberty and justice, also found in the concluding words of the Pledge of Allegiance, should give pause to...
9th U.S. Circuit Court of Appeals, Civil Litigation
9th Circuit settles novel question over new answers
By James Sigel, Adam Sorensen
The court recently settled a novel procedural question about when defendants should respond with a new answer to an amended co...
Constitutional Law, Health Care & Hospital Law
Mandatory vaccinations and the Constitution
By David Belcher, Michael Belcher
Although Americans’ willingness to receive a COVID-19 vaccine has increased in recent weeks, current levels of support are unl...
Law Practice, Technology
Dissecting a legally opined definition of artificial intelligence
By Lance Eliot
AI is going to be crucial for lawyers and lawmakers, but defining AI is a lot harder than it might seem. Those versed in the p...
Labor/Employment, Tax
IRS addresses treatment of expenses paid with PPP loans
By Phil Jelsma
A new ruling from the Internal Revenue Service adds more uncertainty — businesses now face the choice of a greater tax burden ...
With only a few over a hundred justices in the court’s history, you might think there’d be no reason for confusion. Surely the...
Intellectual Property
Choosing how to protect COVID-19-related inventions
By Dariush Adli
The COVID-19 pandemic has prompted an intense and wide-ranging stampede by pharmaceutical companies, research institutions, ph...