Administrative/Regulatory, Securities
SEC adopts final rules to improve access to capital
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
Does the Constitution give the president the power to self-pardon?
By John H. Minan
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
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?
By Michael M. Berger
Government, Technology
The shady side of the Communications Decency Act
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
By David Urban, Kristin Lindgren
The question of whether public school districts constitute “business establishments” under the Unruh Civil Rights Act and are ...
The excellent article of Messrs. Rushing and Hendricks on direct and cross examination should be required reading in every law...
Law Practice, Tax
If you receive a request for an IRS Form W-9, what should you say?
By Robert W. Wood
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
How Cal/OSHA’s COVID-19 standard’s will affect employers
By Colin Calvert
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
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
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
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
By Gary A. Watt, Patrick Burns
The 9th Circuit recently issued two opinions involving consumers and arbitration agreements.
The lawyer’s job description is this: officer of the court. This is true without regard to whether the lawyer ever steps foot ...
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...
Considering whether AI will simplify or complicate the law
By Lance Eliot
Debates ensue over whether today’s law is overly complex and needs to be simplified. In the future, as artificial intelligence...
Intellectual Property
Northern District amends Local Rules on claim construction disclosures
By Matthew A. Chivvis
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
Variation emerges on opportunity zone investing during pandemic
By Phil Jelsma
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
Why Proposition 65 has a disproportionate effect on arts and crafts
By Anne Marie Ellis
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...
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
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
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
How will the federal government handle psychedelics?
By Griffen Thorne
Psychedelic drugs, such as psilocybin mushrooms, ayahuasca and peyote, are federally illegal. Nevertheless, over the next few ...
Labor/Employment, Torts/Personal Injury
What PI attorneys should know about LTD and ERISA, but don’t
By Frank N. Darras
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
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
Los Angeles and COVID-19: New county and city measures in place
By Pooja S. Nair
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
Justices seem poised to uphold the Affordable Care Act
By James Azadian
The U.S. Supreme Court heard oral argument last week in the most controversial cases of the term, concerning the constitutiona...
Insurance
Will insurance cover wildfire damage to cannabis businesses?
By Benjamin D. Tievsky
The 2020 California wildfire season has involved the largest and most destructive fires on record in state history. Cannabis g...
A guide for the unwary
Law Practice, Technology
Legal sentiment analysis, opinion mining and AI
By Lance Eliot
There is a palpable and ongoing tension underlying the role of sentiment in both the practice of law and throughout our courts...