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Law Practice, Technology

A thought-provoking vision that the future of law might entail a Legal Singularity encompassing the elimination of legal uncer...


Covid Columns, Government

Legislation promising in the first months of 2020 lost steam as priorities shifted to COVID-19 relief bills. But animal prote...


California Supreme Court, Environmental & Energy

In resolving a dispute over Stanislaus County’s blanket exemption of water well construction permits from review under the Cal...


Appellate Practice, Law Practice

The need for speed

Sep. 1, 2020
By Benjamin G. Shatz

The hotshot fighter pilots of “Top Gun” are all about speed — fast jets, fast motorcycles, and fast “friends” who haven’t “los...


Civil Litigation, Criminal

Immune, or not immune? That is Craigslist’s question

Sep. 1, 2020
By Daniel Rozansky, Cristy Jonelis

Two recent bills that amended Section 230 of the Communications Decency Act — the Fight Online Sex Trafficking Act and Stop En...


California Supreme Court, Covid Columns, Health Care & Hospital Law

Given the state’s woeful performance safeguarding residents’ rights, Health and Safety Code Section 1430(b) litigation has bee...


Civil Rights

A just society holds people accountable for what they do; it does not punish them for what they look like or where they may ha...


Corporate, Covid Columns, International Law, Tax

EU adopts taxpayer-friendly residency approaches due to COVID-19

Aug. 31, 2020
By Friedemann Thomma, Becca Chappell

Recent COVID-19 travel restrictions have created risk of additional corporate income tax liabilities and filing obligations fo...


A party who prevails at trial in a civil action must often wait years as the case winds through the appellate process before e...


Corporate, Mergers & Acquisitions

Why it’s important to manage confidentiality in M&A deals

Aug. 31, 2020
By Zachary Turke, Edward Xia

Once you have taken the important step of deciding to sell your company, a business owner must face the reality that the inner...


Corporate, Intellectual Property

Despite the COVID-19 setback to the economy, the stock market continues to set records, demonstrating the resilience of U.S. b...


Education Law

Review new Title IX regulations, effective this month

MCLE
Aug. 31, 2020
By Pilar Morin, David Urban

On May 6, the Department of Education issued the new final Title IX regulations with a firm deadline of Aug. 14 for educators ...


Compared to plaintiffs’ counsel, those on the defense side rarely share anything with each other. The plaintiffs’ bar has blog...


Civil Litigation, Labor/Employment, Tax

Not all employment plaintiffs can deduct fees

Aug. 28, 2020
By Robert W. Wood

Can a plaintiff ever be taxed on more money than they receive? To anyone but a tax lawyer, it sounds like a crazy question. Su...


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

How scared should we be? Vacatur of arbitration awards in the wake of Monster Energy

MCLE
Aug. 28, 2020
By Blaine I. Green, Dustin Chase-Woods

The 9th Circuit’s decision in Monster Energy Co. v. City Beverages LLC will have significant implications for the enforceabili...


Law Practice, Technology

Online courts will both preserve justice and enhance justice, doing so via the prudent utilization of virtual hearings, plus a...


Ethics/Professional Responsibility, Law Practice

In 2018, the State Bar of California overhauled the rules of professional ethics. One major rule change provides an additional...


Covid Columns, Entertainment & Sports

During the government lockdown, now more than ever, society is increasingly reliant on music, films and podcasts. We now have ...


California Supreme Court, Civil Litigation, Health Care & Hospital Law

The California Supreme Court has confirmed that the maximum monetary recovery available against skilled nursing facilities und...


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

A magazine masquerade

Aug. 27, 2020
By Donald E.J. Kilmer Jr.

Consider this. If the state of California, among the strictest jurisdictions in the nation, already requires safety testing (...


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

Ruling in gun case puts every Californian at risk

Aug. 27, 2020
By Scott A. Edelman, Vivek Gopalan

The decision, which sweeps aside circuit precedent and expands the scope of the Second Amendment, is ripe for en banc review.


Antitrust & Trade Reg., Civil Litigation, Technology

Does success require an alleged monopolist to do business with a competitor that wants to sell mobile apps to IOS and Android ...


Immigration, U.S. Supreme Court

The future of DACA is far from clear

MCLE
Aug. 26, 2020
By Ethan D. Dettmer, Suria M. Bahadue

In June, the Supreme Court struck down the Trump administration’s attempt to end the Deferred Action Childhood Arrivals progra...


Criminal

Punishing pregnancy outcomes is unlawful and cruel

Aug. 26, 2020
By Jennifer L. Chou

The constitutional due process implications of giving prosecutors discretion to investigate and charge women for engaging in a...


California Courts of Appeal, Civil Litigation, Consumer Law

Earlier this month, the California Court of Appeal became the latest court to address whether an online retailer may be held s...


Land Use, Real Estate/Development

The Housing Accountability Act roars into life

Aug. 26, 2020
By Dolores B. Dalton

In 2017 and 2018, the California Legislature added teeth to the Housing Accountability Act, which is a previously little-known...


Health Care & Hospital Law, Labor/Employment

The U.S. Equal Employment Opportunity Commission recently released a pair of new technical assistance guidance documents to ad...


Data Privacy, Health Care & Hospital Law

In the U.S., contact tracing is presently more concept than reality. People just don’t trust the government with their persona...


For a business that loves sequels, perhaps we are witnessing Studio System Part Deux, The Studios Strike Back. There were some...


Constitutional Law

Biden on property rights

Aug. 25, 2020
By Michael M. Berger

The ascent of Joe Biden to the top spot on a presidential ticket has caused many people to review the half-century of Biden's ...