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Administrative/Regulatory, Securities

SEC adopts final rules to improve access to capital

Dec. 1, 2020
By Sara L. Terheggen

On Nov. 2, the SEC adopted final rules to reduce the complexity and “promote capital formation and expand investment opportuni...


Constitutional Law, Government

Commentators are divided on whether a presidential self-pardon is constitutional. The Constitution does not expressly prohibit...


Judges and Judiciary, Law Practice

Changes to court rules and procedures during COVID-19

MCLE
Nov. 30, 2020
By Gerald L. Sauer

This article examines statutory changes enacted during and in response to the pandemic, as well as procedural changes implemen...


Constitutional Law, U.S. Supreme Court

Do farmers have property rights?

Nov. 30, 2020
By Michael M. Berger


Government, Technology

The shady side of the Communications Decency Act

Nov. 30, 2020
By Christa H. Ramey

In so-called “tea rooms” or “shade rooms,” teenagers post disparaging comments and photos of their peers with impunity and rec...


California Courts of Appeal, Education Law

Ruling says Unruh Act does not apply to school districts

Nov. 27, 2020
By David Urban, Kristin Lindgren

The question of whether public school districts constitute “business establishments” under the Unruh Civil Rights Act and are ...


Law Practice, Letters

Examination article should be required reading

Nov. 27, 2020
By Rolf M. Treu

The excellent article of Messrs. Rushing and Hendricks on direct and cross examination should be required reading in every law...


Law Practice, Tax

Before making a payment, many companies across a wide variety of contexts will ask you for an IRS Form W-9. What is it, and if...


Labor/Employment

Last week, the Cal/OSHA Standards Board approved new emergency standards mandating employers take certain precautions to help ...


Criminal

The impossibility of Brady: Compliance depends upon imagination

MCLE
Nov. 25, 2020
By Christopher R. Ulrich

The stakes of Brady compliance are high — as they should be — and a prosecutor’s failure to disclose Brady material to the def...


Criminal, Tax

White collar crime tax deduction affects victims and prosecutors

Nov. 25, 2020
By Antonio R. Sarabia II, John Palermo

The Tax Cuts and Jobs Act of 2017 codified a surprising tax deduction for some white collar criminal defendants — and a new ob...


Law Practice

Direct and cross examination: The art of asking questions

MCLE
Nov. 25, 2020
By Don G. Rushing, Christopher Hendricks

One of an attorneys most powerful tools is the ability to call and orally examine witnesses under oath.


9th U.S. Circuit Court of Appeals, Appellate Practice

Consumer arbitration wrinkles

Nov. 25, 2020
By Gary A. Watt, Patrick Burns

The 9th Circuit recently issued two opinions involving consumers and arbitration agreements.


Law Practice

Officer of the court

Nov. 24, 2020
By Curtis E.A. Karnow

The lawyer’s job description is this: officer of the court. This is true without regard to whether the lawyer ever steps foot ...


Law Practice

Rusty warriors

Nov. 24, 2020
By Gary A. Dordick

A boxer who has had a long layoff between bouts is rusty when he gets back in the ring. He moves a bit slower and lacks the sa...


Debates ensue over whether today’s law is overly complex and needs to be simplified. In the future, as artificial intelligence...


Intellectual Property

On Nov. 4, the Northern District of California amended its Patent Local Rules to clarify when, and to what extent, disclosures...


Real Estate/Development, Tax

As the economy attempts to climb out of the economic recession fueled by the COVID-19 pandemic, a new form of opportunity zone...


Administrative/Regulatory

One of the reasons this industry is so highly targeted is that many of these products sell for under $10 and are sold in big-b...


Appellate Practice, U.S. Supreme Court

Shadow precedent?

Nov. 23, 2020
By Susan Yorke

Making sense of the precedential value of the US Supreme Court’s non-merits orders


Bankruptcy

It’s time for Congress to address bankruptcy venue

Nov. 23, 2020
By Brian Davidoff, Elissa Miller

What do the Dodgers, American Apparel, Rubio’s Fish Tacos, California Pizza Kitchen, MGM Studios and Pacific Sunwear have in c...


Labor/Employment

Gazing into the employment law crystal ball for 2021

Nov. 23, 2020
By Todd R. Wulffson

Businesses in California have a solid, triple threat coming at them right now — a new year, a new administration in Washington...


Criminal, Government

Psychedelic drugs, such as psilocybin mushrooms, ayahuasca and peyote, are federally illegal. Nevertheless, over the next few ...


Labor/Employment, Torts/Personal Injury

Even if you do not litigate long-term disability claims, understanding their importance will guide clients in the right direction


Data Privacy

CPRA’s impact on CCPA enforcement and compliance

Nov. 20, 2020
By Sheri Rockwell, Alexis Miller Buese

California is once again on the forefront of data privacy law with the passage of Proposition 24, the California Privacy Right...


Covid Columns, Government

California has set new statewide restrictions and pulled an “emergency brake” of reopening rollbacks in counties across the st...


Constitutional Law, Health Care & Hospital Law, U.S. Supreme Court

The U.S. Supreme Court heard oral argument last week in the most controversial cases of the term, concerning the constitutiona...


Insurance

The 2020 California wildfire season has involved the largest and most destructive fires on record in state history. Cannabis g...


Law Practice, Tax

Lawyers, settlements and taxes

MCLE
Nov. 19, 2020
By Robert W. Wood

A guide for the unwary


Law Practice, Technology

There is a palpable and ongoing tension underlying the role of sentiment in both the practice of law and throughout our courts...