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McAfee’s circumstances may not appear to offer much guidance to the vast majority of taxpayers out there, big and small. But a...


Criminal

Proposition 25: Noble intentions, but not the answer

Oct. 15, 2020
By Louis J. Shapiro

Senate Bill 10, a law passed in 2018, aims to prevent those who cannot afford nominal bail from remaining incarcerated during ...


Civil Litigation, U.S. Supreme Court

On Tuesday, the U.S. Supreme Court denied certiorari in what could have been a pivotal case about whether anti-SLAPP belongs i...


Civil Litigation, Intellectual Property

Critics of a recent decision have questioned the basis for concluding that the joinder and institution are “separate” decision...


Constitutional Law, Government

Moving beyond the 2-party presidential debate

Oct. 14, 2020
By Kris Whitten

When we cast our vote for president this time around, the best many of us will be able to do is hold our nose and breath, and ...


Labor/Employment

The ever-changing saga of the joint-employer doctrine

MCLE
Oct. 14, 2020
By Mellissa A. Schafer

The U.S. Department of Labor recently updated its interpretation of the joint-employer rule under the Fair Labor Standards Act...


Civil Litigation, Intellectual Property

Patent litigation surges in the Western District of Texas

Oct. 14, 2020
By J. Jonas Anderson, Paul Gugliuzza

Practically all of the patent cases in the Western District of Texas are on Judge Albright’s docket. As the figure below shows...


Tax, Real Estate/Development

On Nov. 3, California's electorate will vote on Proposition 19, a constitutional amendment that would substantially restrict p...


Civil Litigation

Misguided decision could upend class action practice

Oct. 13, 2020
By Adam J. Zapala, James G.B. Dallal

A federal appellate court found that class representative incentive awards — the common practice of permitting a court-supervi...


9th U.S. Circuit Court of Appeals, Civil Litigation

The court recently wrestled with in rem jurisdiction issues in a civil forfeiture case, and the law remains far from clear.


Constitutional Law, U.S. Supreme Court

What difference will Amy Coney Barrett make?

Oct. 13, 2020
By Erwin Chemerinsky

Judge Amy Coney Barrett is 48 years old. If she is confirmed to the U.S. Supreme Court and remains on the court until she is 8...


Labor/Employment, U.S. Supreme Court

Last week the U.S. Supreme Court heard oral argument in a case examining whether the Employee Retirement Income Security Act p...


Civil Rights, Ethics/Professional Responsibility, International Law, Law Practice

For nearly two weeks now, 7,000 miles away from California, the native Christian-Armenian people of the Republics of Artsakh a...


Civil Litigation

While Prop. 65 cases normally settle early, numerous defenses do exist.


Immigration, U.S. Supreme Court

On Oct. 2, the Supreme Court granted certiorari in Barr v. Dai, a case that will decisively uphold or strip asylum applicants ...


Constitutional Law, Government, U.S. Supreme Court

Supreme Court to hear important Voting Rights Act case

Oct. 12, 2020
By Christopher M. Kieser

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases involving Arizona’s prohibition of so-called “ballot...


Banking

The ‘true lender’ rule and the battle over the bank partnership model

Oct. 12, 2020
By Salwa Kamal, Alexander Gershen

The Office of the Comptroller of the Currency recently issued a proposed rule clarifying when a national bank is the ”true len...


Real Estate/Development

November ballots in California will feature Prop. 15, which seeks to change California law to tax most commercial properties b...


Civil Rights, Education Law

Proposition 16 will help fight systemic discrimination

Oct. 12, 2020
By Chris Chambers Goodman

Proposition 16 will end the ban on taking affirmative steps to ensure and actually provide equal access in public contracting,...


9th U.S. Circuit Court of Appeals, Intellectual Property

A key question in a recent case, and which the 9th Circuit had never answered before, was whether a trademark counterfeiting c...


Covid Columns, Labor/Employment

Assembly Bill 685 further expands the obligations of California employers to disclose information regarding COVID-19 exposure ...


Community News, Judges and Judiciary

Last week, the Kern County Multicultural Bar Alliance held a panel addressing the important issue of the elimination of bias f...


Ethics/Professional Responsibility

Be careful with confidential information when posting online

Oct. 9, 2020
By Shari L. Klevens, Alanna G. Clair

With many tasks moved online, attorneys will face increased risk if they do not remain vigilant when it comes to protecting cl...


Alternative Dispute Resolution, Family

Mediating custody disputes

Oct. 9, 2020
By Franklin R. Garfield

How to provide the authoritative information and guidance that parties need to resolve a dispute


Data Privacy, Ethics/Professional Responsibility, Law Practice

The California State Bar’s Committee on Professional Responsibility and Conduct has issued a new formal opinion, 2020-203, tha...


Ethics/Professional Responsibility, Law Practice

State Bar offers ethical guidance on third-party litigation funding

Oct. 9, 2020
By Ebony A. Koger, Jason E. Fellner

When a lawyer and law firm receive third-party funding, the well-known professional duties to a client can easily become blurr...


Corporate

California’s new diversity mandate for corporate boards

MCLE
Oct. 9, 2020
By Jennifer Rubin

After testing the waters with Senate Bill 826’s gender diversity mandate in 2018, California has now further committed public ...


Criminal, U.S. Supreme Court

Thirty-three states and the District of Columbia have recognized the importance of allowing access to medical cannabis. But ev...


Military Law

Veterans today face a new Agent Orange: burn pits

Oct. 8, 2020
By Eileen C. Moore

Increasingly, our armed forces are imperiled by toxic hazards that have adverse effects on their health. Those who served in I...


Civil Rights, Criminal, Military Law

In the wake of the tragic killing of Breonna Taylor by police in Louisville, Kentucky during service of a search warrant in a ...