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Nearly everyone has been impacted by COVID-19, from health worries, layoffs, cutbacks, reneged job offers, business and court ...


Civil Litigation, Insurance

Court: Business property insurance covers COVID-19-related losses

Aug. 25, 2020
By Ryan P. McCarl, John M. Rushing

Do all-risk business property insurance policies cover losses related to COVID-19? A recent decision out of the Western Distri...


Government

The traditional mission of the U.S. Postal Service is to bind the nation together by providing a “reliable affordable, univers...


Appellate Practice, Judges and Judiciary, Law Practice

Enhancing appellate court opinions

Aug. 25, 2020
By David J. Ozeran

Appellate court opinions are usually dry reads. No one takes a stack of advance sheets to read on vacation. Opinions are gener...


California Supreme Court, Government, Labor/Employment

In a 90-page opinion issued on July 30, a unanimous California Supreme Court looked deep into the abyss of pension rights and ...


Chelsea Becker was charged with murder after giving birth to a stillborn child. But is that ever, under any circumstances, a c...


Appellate Practice, Law Practice

I worked for more than 38 years as a writ attorney in the California Court of Appeal, 2nd District, so believe me when I tell ...


California Supreme Court, Criminal

The California Supreme Court recently issued its second of two landmark decisions of first impression, addressing criminal def...


Civil Litigation, Entertainment & Sports

Is the curtain closing on TV profit participation litigation?

Aug. 24, 2020
By John Berlinski, Kimberly Meyer

For more than half a century, Hollywood film and television studios have contracted to pay high-profile actors and producers a...


California Supreme Court, Civil Rights, Labor/Employment

Employer takeaways from the Supreme Court's Bostock decision on LGBTQ+ rights

Aug. 24, 2020
By Kathryn G. Mantoan, Daniel A. Rubens

Both the reasoning and outcome of the ruling provide important guidance for how employers can and should think about LGBTQ+ is...


Antitrust & Trade Reg., Civil Litigation

The line between anticompetitive behavior and hypercompetitive behavior

Aug. 21, 2020
By Jason D. Russell, Zack Faigen

Last week, the 9th Circuit handed a big victory to Qualcomm, Inc., reversing the district court’s judgment that Qualcomm unrea...


Constitutional Law, State Bar & Bar Associations

Having witnessed protests and other actions taking place in cities across the United States, including Seattle, Portland, Los ...


Criminal, Judges and Judiciary

The human aspects of judging are a mystery to most members of the public, and even to lawyers. As a fan of "insider stories," ...


Civil Litigation, Law Practice

Why not follow the best road?

Aug. 21, 2020
By Gerald G. Knapton

A recent appellate ruling shows that while there are a number of ways lawyers can prove their hours to a trier of fact, only o...


Civil Litigation, Law Practice

The ‘catalyst theory’ of attorney fees

MCLE
Aug. 21, 2020
By Angela Reid

The California Supreme Court has endorsed the catalyst theory under which a plaintiff may receive attorney fees if he or she c...


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

A new standard for determining waiver of work product privilege

MCLE
Aug. 20, 2020
By LaKeysia Beene, Jason E. Fellner

The 9th Circuit recently set forth a new and clarifying standard for determining whether a party to a federal action has waive...


Civil Litigation, Entertainment & Sports

While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward w...


Constitutional Law, Criminal

Identity theft crimes create a unique situation in cases that involve the booking exception to Miranda. During the booking pro...


Law Practice, Technology

A new artificial intelligence tool known as GPT-3 has been getting a lot of media attention and fueling excitement for what AI...


In the age of COVID-19, we are all armchair epidemiologists and virologists. These topics closely relate to a larger branch of...


Government, Torts/Personal Injury

The 'CAREN' we need?

Aug. 19, 2020
By Myanna Dellinger

You have heard the stories from around the nation recently: A woman called the police because she perceived “an African-Americ...


Environmental & Energy

The ongoing saga of the Dakota Access Pipeline

Aug. 19, 2020
By Melissa Malstrom

July was a tough month for the pipeline industry.


California Supreme Court, Civil Litigation, Torts/Personal Injury

Proposition 51 makes “each defendant” jointly liable for all economic damages, but severally liable for noneconomic damages on...


Administrative/Regulatory

The court this month applied the standard from one of the oldest communications devices — payphones — to largely uphold the Fe...


Constitutional Law, Government

On Aug. 8, President Donald Trump issued an executive order and three presidential memoranda tied to fighting the financial ef...


Law Practice, Letters

I was disappointed when I read the Aug. 12 supplement, “Top 40 Under 40.”


Immigration, State Bar & Bar Associations

Licensing nonlawyers to practice immigration law will harm consumers

Aug. 18, 2020
By Shirin Egodage, Sabrina R. Damast

Recently the State Bar of California approved recommendations by its Task Force on Access Through Innovation of Legal Services...


Civil Rights, Constitutional Law

It took 70 years of advocacy for the 19th Amendment to pass, and it has taken a hundred more for the Equal Rights Amendment to...


Constitutional Law, Government

Senator Kamala Harris is eligible to be vice president

Aug. 18, 2020
By Erwin Chemerinsky

Some conservatives, and now President Donald Trump, have advanced an argument with absolutely no legal foundation — that Harri...


In June 2018, then-Attorney General Jeff Sessions issued a sweeping decision known as Matter of A-B- in an attempt to eliminat...