Tax
Five things for lawyers to know about tax planning during COVID-19
By Robert W. Wood
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
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...
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
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
Is the California Rule in jeopardy after Alameda County?
By Ronald J. Scholar
In a 90-page opinion issued on July 30, a unanimous California Supreme Court looked deep into the abyss of pension rights and ...
Criminal
Interpreting the law or ignoring it? Prosecutorial overreach in the face of tragedy
By Theshia Naidoo
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
How hot is that writ? Considerations for requesting a stay
By Sharon Baumgold
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
After high court ruling, defense bar is already sharpening their subpoenas for digital evidence
By Donald E. Landis Jr.
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?
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
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
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
BHBA defends constitutional protection for peaceful protest
By Stephen F. Rohde
Having witnessed protests and other actions taking place in cities across the United States, including Seattle, Portland, Los ...
Criminal, Judges and Judiciary
A California judge’s inside look at criminal justice in America
By Katherine Mader
The human aspects of judging are a mystery to most members of the public, and even to lawyers. As a fan of "insider stories," ...
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
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
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
Next up for the Oakland A’s new stadium plan: another lawsuit
By Darrin D. Gambelin
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
More than just a name: identity theft and Miranda’s booking exception
By Nicholas R. Helms
Identity theft crimes create a unique situation in cases that involve the booking exception to Miranda. During the booking pro...
Law Practice, Technology
Latest AI tool provides boon and bust for law practice
By Lance Eliot
A new artificial intelligence tool known as GPT-3 has been getting a lot of media attention and fueling excitement for what AI...
Books
Since we’re all armchair epidemiologists, let’s try toxicology, too
By Lawrence P. Riff
In the age of COVID-19, we are all armchair epidemiologists and virologists. These topics closely relate to a larger branch of...
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
By Melissa Malstrom
July was a tough month for the pipeline industry.
California Supreme Court, Civil Litigation, Torts/Personal Injury
When is ‘each defendant’ not ‘every defendant’? Under Prop 51
By Don Willenburg
Proposition 51 makes “each defendant” jointly liable for all economic damages, but severally liable for noneconomic damages on...
Administrative/Regulatory
For ruling on 5G regulations, 9th circuit turns to payphones
By Anita Taff-Rice
The court this month applied the standard from one of the oldest communications devices — payphones — to largely uphold the Fe...
Constitutional Law, Government
Trump’s COVID-19 actions and the limits of executive power
By John H. Minan
On Aug. 8, President Donald Trump issued an executive order and three presidential memoranda tied to fighting the financial ef...
Law Practice, Letters
Top lawyer list excludes lawyers not in private practice
By Richard M. Frank
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
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
How to celebrate 100 years of women’s suffrage? Recognize the Equal Rights Amendment...
By Linda T. Coberly, Eva Davis
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
By Erwin Chemerinsky
Some conservatives, and now President Donald Trump, have advanced an argument with absolutely no legal foundation — that Harri...
9th Circuit ruling reaffirms protection for women fleeing domestic violence
By Blaine M. Bookey
In June 2018, then-Attorney General Jeff Sessions issued a sweeping decision known as Matter of A-B- in an attempt to eliminat...