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Law Practice, Technology

A common assumption is that the law ought to be readily codified into a form of pure logic and thus amenable to easily being e...


Criminal

While Assembly Bill 3234 has been touted as a saving grace for first-time misdemeanor offenders who may be offered diversion b...


Administrative/Regulatory, Civil Litigation

Twitter, Hunter Biden and the CDA’s Section 230 safe harbor

Oct. 21, 2020
By Daniel Rozansky, Cristy Jonelis

Twitter is once again making headlines after blocking users from tweeting two New York Post articles on the basis that the art...


Appellate Practice, Civil Litigation, U.S. Supreme Court

Court to weigh appellate jurisdiction under removal statutes

Oct. 21, 2020
By John F. Querio, Lacey L. Estudillo

This term, the U.S. Supreme Court will address whether 28 U.S.C. Section 1447(d) permits a federal court of appeals to review ...


Corporate, Covid Columns, Data Privacy

Ransomware attacks are carried out by cyber criminals who hack a company’s computer systems and encrypt or otherwise block acc...


Corporate, Tax

2021 seems likely to hold big tax changes, but how much higher will they go, and on what specifically?


Covid Columns, Family, Probate, Torts/Personal Injury

As quarantine restrictions loosen around the country and people have access to family members, cases of financial elder abuse ...


Covid Columns, Family

Custody during the pandemic: When the bubble bursts

Oct. 21, 2020
By Cara L. Boroda

The courts informed the public that the pandemic was not a time to change agreements and hard-won orders and to deviate from l...


Civil Litigation, Civil Rights, Corporate

Shareholder derivative suits focus on diversity at the top

Oct. 20, 2020
By Virginia F. Milstead, Peter B. Morrison

Over the past few months, a spate of shareholder derivative actions and new California legislation have focused on diversity a...


Immigration

Victories affirm California's right to protect immigrants in detention

Oct. 20, 2020
By Jackie Gonzalez, Hamid Yazdan Panah

Earlier this month, a federal district court issued a ruling largely upholding the constitutionality of Assembly Bill 32, a la...


Corporate, Securities

Ruling addresses ‘corrective disclosures’ in securities suits

Oct. 20, 2020
By D. Scott Carlton, April Hua

The 9th Circuit recently issued yet another opinion seeking to clarify what constitutes a “corrective disclosure” of fraudulen...


On Oct. 6, litigation over access to documents related to the investigation into Russian interference in the 2016 election too...


Real Estate/Development, Government, Tax

We are all being inundated with news coverage of the presidential race and information about the candidates. However, far less...


Justice Neil Gorsuch and the rule of law

Oct. 19, 2020
By Alan Charles Dell'Ario

As he wrote in two recent decisions, consequences of federal laws unforeseen by their drafters are no reason to decline to app...


Adapting to conservative courts

Oct. 19, 2020
By Myron Moskovitz

In my salad days, I went through something similar to what we’re seeing on the courts today. It requires adjustments, not surr...


9th U.S. Circuit Court of Appeals, Entertainment & Sports

Congress appears ready to enter the ongoing battle for control over the NCAA’s amateurism rules with the introduction of the b...


Constitutional Law, Government

On Oct. 13, the Supreme Court denied the plaintiffs’ petition for certiorari in a case accusing the president of violating the...


There’s a sound physiological reason that teens on average are less prudent than adults. The prefrontal cortex governing behav...


Real Estate/Development, Banking

SB 1079 is a set back for both lenders and borrowers

MCLE
Oct. 19, 2020
By Robert S. McWhorter, Jarrett Osborne-Revis

This bill makes nonjudicial foreclosures slower, more expensive, and a less appealing remedy against defaulting trustors-debto...


California Supreme Court, Civil Litigation

The risk of absolute product liability

Oct. 16, 2020
By Glenn Lammi

The California Supreme Court will soon decide whether to review Johnson v. Monsanto, a product-liability case that spawned ten...


Data Privacy, Government

Prop 24 would help revitalize California’s economy

Oct. 16, 2020
By Dominique Shelton Leipzig, David Biderman

Proposition 24, the California Privacy Rights Act, offers a potential solution to the EU’s call for action after invalidating ...


Administrative/Regulatory

On Jan. 3, California regulators listed delta-9-tetrahydrocannabinol, more commonly known as THC, as a Proposition 65 chemical...


Covid Columns, Ethics/Professional Responsibility, Law Practice

Fulfilling ethical obligations practicing during a pandemic

Oct. 16, 2020
By Brian Slome, Jessica Beckwith

Lawyers continue to work full time while serving as teachers, housekeepers, chefs and caregivers. As a result, lawyers must fi...


Law Practice, Technology

Existing exhortations about allowing nonlawyers to practice law has created alternative visions about a possible two-tiered ap...


Law Practice

A trial lawyer’s tool box

Oct. 16, 2020
By Michael P. Masuda

Just like a carpenter, trial lawyers must have specialized tools ready to tackle unexpected situations.


Ethics/Professional Responsibility, Law Practice

A recent ethics opinion by the American Bar Association examines intimate relationships, friendships and acquaintances with op...


California Supreme Court, Covid Columns, Judges and Judiciary

On March 13, President Donald Trump declared a state of emergency due to the COVID-19 pandemic. Since that time, the Californi...


California Supreme Court, Civil Rights

“It’s not my victory, it’s yours and yours and yours,” Harvey Milk said after winning a seat on the San Francisco Board of Sup...


Legal Education, State Bar & Bar Associations

Ground-breaking research, published this week, reports that the high minimum passing score (“cut score”) on the California bar...


9th U.S. Circuit Court of Appeals, California Supreme Court, Civil Litigation, Entertainment & Sports, Intellectual Property

Supreme Court sings swan song to Led Zeppelin suit

Oct. 15, 2020
By Bill Hochberg, Todd W. Bonder

After a silly season of song suits, we may be returning to the tradition of standing on giants’ shoulders, borrowing words or ...