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During the 2016 presidential campaign, there was plenty of talk about estate taxes — death taxes to use a common pejorative te...


Criminal, Military Law

Consider the following hypothetical: A successful, charismatic businessman attends an out-of-town conference with his female a...


Civil Litigation, Data Privacy

Here comes a wave of data privacy litigation

MCLE
Nov. 9, 2020
By Gary S. Lincenberg, Steven Zipperstein

Data privacy law is quickly becoming the hottest legal issue of the 2020s. Over the previous decade — amid the rapid growth of...


Military Law

Reconciling veteran law’s insanity exception with the insanity defense

Nov. 9, 2020
By Charles Kohorst, Ariana Barlas

Every person who served in the United States' armed forces is not a "veteran," under the law. Instead, Congress gave the Depar...


Criminal, Letters

In an Oct. 26 column “A dangerous policy of inaction in domestic violence cases,” Los Angeles County Deputy District Attorney ...


Constitutional Law, U.S. Supreme Court

High court to rule whether bullets always qualify as a seizure

Nov. 6, 2020
By Brian Hoffman, J. Scott Tiedemann

The Fourth Amendment protects individuals against unreasonable searches and seizures, including the excessive use of force by ...


Law Practice, Technology

A recent research study carefully examined the growth in the laws over a 25-year period. This alone provides important and fas...


Law Practice

Since 2008 when she was involuntarily placed into a probate conservatorship in California, she has not been able to control he...


Covid Columns, Labor/Employment, Tax

As more and more workers are required or encouraged to work from home in response to the COVID-19 pandemic, the consideration ...


Civil Litigation, Intellectual Property

Induced infringement ruling could have far-reaching effects

Nov. 5, 2020
By Daniel Knauss, Alissa Wood

A recent Federal Circuit ruling has potentially far-reaching impacts in cases involving allegations of induced infringement.


Ethics/Professional Responsibility, Law Practice

When an attorney is sick, who and when must they tell?

Nov. 5, 2020
By Shari L. Klevens, Alanna G. Clair

With flu season approaching and the COVID-19 pandemic enduring, there is extreme concern about the possibility of getting sick...


The latest instance involves Goldman Sachs, which is paying about $2.9 billion to settle its role in the 1MDB scandal.


Constitutional Law

Whether you live in a city, a suburb, or out in the country, you have probably seen a “private property” or “no trespassing” s...


Appellate Practice, Construction

A recent decision confirms that the duty to defend is immediate and, as can be surmised from the Crawford decision although it...


Appellate Practice, Law Practice

You are not James Bond

Nov. 3, 2020
By Benjamin G. Shatz

The Double-O designation gives Bond a license to kill, but when lawyers misuse it, they’re merely abusing their license to ill.


Judges and Judiciary, Law Practice

Commission on Judicial Performance adopts amended rules

Nov. 3, 2020
By Kathleen Ewins, David McMonigle

This year, the commission considered amendments to six rules — Rule 115 (Notice of Tentative Public Admonishment); Rule 116 (P...


9th U.S. Circuit Court of Appeals, Immigration, U.S. Supreme Court

Who may enforce Congress’ appropriations powers

Nov. 3, 2020
By Douglas A. Winthrop, Irvin Nathan

The U.S. Supreme Court recently decided to hear a pair of important 9th Circuit cases that seek to enjoin President Donald Tru...


Last month, the Eastern District of California granted a preliminary injunction against the state of California regarding Pena...


Environmental & Energy

How to divide the groundwater pie and avoid legal challenges

Nov. 3, 2020
By Christina Babbitt, Valerie C. Kincaid

Five years into California implementing the most sweeping change to state water law in a century, the first lawsuits are hitti...


Law Practice

300 years ago

Nov. 2, 2020
By Arthur Gilbert

Arthur Gilbert and I have some things in common: we both have two first names — only mine, Gilbert Arthur, sounds literary. An...


Appellate Practice, Law Practice

Word Counts

Nov. 2, 2020
By Myron Moskovitz

When I receive an appellant’s opening brief or respondent’s brief from my opponent, I print it out. Then I close my eyes and h...


Administrative/Regulatory

FDA proposes rule clarifying evidence for determining product’s intended use

Nov. 2, 2020
By David M. Hoffmeister, James R. Ravitz

Recently, the U.S. Food and Drug Administration issued a statement and proposed rule clarifying the types of evidence that the...


California Courts of Appeal, Civil Litigation

In a recent ruling, the 3rd District Court of Appeal considered whether Code of Civil Procedure Section 529 requires parties g...


Government, Judges and Judiciary, U.S. Supreme Court

Democratic presidential candidate Joe Biden has been peppered with questions about whether he will “pack the court” by adding ...


Law Practice, Technology

There is an ongoing need to contend with differences between what the law states and what morality proffers. This is going to ...


Law Practice, Tax

Legal settlements are usually taxed as income, and they are usually ordinary. That is the IRS default position. But the IRS is...


Ethics/Professional Responsibility, Law Practice

Communicating with clients and colleagues during COVID-19

Oct. 30, 2020
By David M. Majchrzak, Heather L. Rosing

Speak to a risk management specialist in just about any industry, and they will tell you one of the best tools to prevent clai...


Labor/Employment

Approximately 31% of workers switched from working onsite to working at their home offices by the first week of April. This ch...


Ethics/Professional Responsibility, Law Practice

The future of advance conflict waivers in California

MCLE
Oct. 30, 2020
By Amy L. Bomse

This article considers where California law stands on broad advance conflict waivers in the wake of the California Supreme Cou...


California Supreme Court, Civil Rights, Constitutional Law, Criminal

Friends of the court, enemies of the death penalty

Oct. 29, 2020
By Stephen F. Rohde

On Monday, Gov. Gavin Newsom told the California Supreme Court that "racial discrimination infects the administration of Calif...