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California Courts of Appeal, Criminal

Earlier this month, the 1st District Court of Appeal issued an opinion that adheres to an unfortunate trend in some courts to ...


Administrative/Regulatory, Civil Litigation

Pitfalls of proposed amendments to CDA Section 230

Oct. 29, 2020
By Daniel Rozansky, Cristy Jonelis

Recently proposed amendments to Section 230 of the Communications Decency Act will increase interactive computer service provi...


Family

A judge I regularly practice in front of once confessed that “move-away” custody cases are the worst part of his job.


Covid Columns, Labor/Employment

Some questions, and few answers, about the ramifications of COVID-19 on disability claims.


Antitrust & Trade Reg., Corporate, Government, Technology

Is the DOJ’s Google antitrust lawsuit just the beginning?

Oct. 28, 2020
By David W. Kesselman, Amy T. Brantly

While the lawsuit against Google is certainly a welcome beginning, it will take more than a single lawsuit to open up competit...


California Supreme Court, Environmental & Energy

The Nevada Supreme Court recently issued a landmark decision interpreting the public trust doctrine that is fundamentally inco...


9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court

Neither I nor any of the numerous others who thought that the Supreme Court finally cleared the decks for federal court litiga...


Ethics/Professional Responsibility, Law Practice

Selfish civility?

Oct. 28, 2020
By Michael P. Masuda

The idea is that we benefit, perhaps selfishly, by acting with civility and professionalism: by simply being nice.


Civil Litigation, Government

A recent California appellate decision has injected some doubt into the ability of municipalities to recover their attorney fe...


California Courts of Appeal, Constitutional Law, Criminal, U.S. Supreme Court

Does “hot pursuit” of a misdemeanor suspect categorically qualify as an exigent circumstance, excusing obtaining a warrant pri...


Civil Litigation, Intellectual Property, U.S. Supreme Court

This month, the U.S. Supreme Court granted three petitions seeking review of a Federal Circuit decision holding that all admin...


Insurance

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers, and other insur...


Government

The Department of Justice filed a motion to substitute the government for Trump as the defendant in Jean Carroll’s defamation ...


Criminal, Tax

“Biggest ever” can be a term you might want to hear about some things. But if it is a tax issue you are describing, “biggest e...


Antitrust & Trade Reg., Corporate

Will Congress restore antitrust to protect competition?

Oct. 26, 2020
By David W. Kesselman, Amy T. Brantly

In a year like no other, with a deadly pandemic raging and in the midst of a polarizing presidential election, a recent congre...


Appellate Practice, Law Practice

What a long, strange trip it’s been

Oct. 26, 2020
By Sarah Hofstadter

Lessons from an unorthodox career


Bankruptcy

We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted t...


Criminal

Los Angeles district attorney candidate George Gascón proposes that domestic violence victims, even if served with a subpoena,...


Administrative/Regulatory, Communications Law, Technology

Recent headlines have renewed questions about who will control the build out of the next generation of wireless networks, know...


Criminal

Review the rules requiring corroboration of accomplice testimony

MCLE
Oct. 26, 2020
By Gregory L. Prickett

The objective of this article and accompanying self-study test is to review the rules regarding the requirement that testimony...


Covid Columns, Ethics/Professional Responsibility, Law Practice

Client communications during COVID-19

Oct. 23, 2020
By Louie H. Castoria

California's Rules of Professional Conduct are primarily about one thing: communication. And communicating effectively with cl...


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

A tale of civility

Oct. 23, 2020
By Patrick M. Kelly

The story behind the State Bar oath become more.... civil.


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

Ruling demonstrates when employers are agents of insurers

Oct. 23, 2020
By Robert J. McKennon

A recent 9th Circuit decision affirms that in the context of employer-sponsored benefits, the employer is the agent of the ins...


Law Practice, Legal Education, State Bar & Bar Associations

The State Bar of California Provisional License Working Group released a memorandum last week supporting a proposal to impleme...


Law Practice, Tax

If you are a plaintiff, you should care about taxes, and if you are a plaintiff’s lawyer, you should make sure your client tak...


9th U.S. Circuit Court of Appeals, Constitutional Law

Just what makes a decision “final” enough to support a Fifth Amendment takings claim?


Civil Litigation, Law Practice

You have marshalled your evidence, tagged your exhibits, scheduled your witnesses, and drafted your motions in limine. Now it ...


Law Practice

An interview with: Taina Gomez, Solano County DPD

Oct. 22, 2020
By Mallika Kaur, Taina Gomez

Mallika speaks to a deputy public defender about what the last decade of indigent defense work has taught her about the diffic...


In recent years I have had the good fortune to obtain large verdicts for my personal injury clients, including three of the to...


Covid Columns, Intellectual Property, Law Practice

The pandemic has affected virtually every aspect of the practice of law. But we have heard little about how intellectual prope...