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Judges and Judiciary, Law Practice

A checkerboard of compliance

Jul. 24, 2020
By Mary Ellen Waller

Courts must fulfill statutory duties while safeguarding the well-being of the public they serve. Some courts in California are...


Administrative/Regulatory, Data Privacy, Government, International Law

The rise and fall of the EU-US Privacy Shield

MCLE
Jul. 24, 2020
By Heather A. Antoine, Mallory Petroli

On July 16, the Court of Justice of the European Union announced its much awaited decision in the Schrems II case. The court d...


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

Distinguishing between discrimination and advocacy

Jul. 24, 2020
By David M. Majchrzak, Heather L. Rosing

The ABA recently issued an ethics opinion to clarify the line between legitimate advocacy and conduct that would violate Model...


Alternative Dispute Resolution, Civil Litigation, Labor/Employment

#BlackLivesMatter and conflict resolution

Jul. 24, 2020
By Angela Reddock-Wright

A trauma-informed approach to mediating claims of race discrimination.


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

A puff of smoke at the settlement conference?

Jul. 24, 2020
By Louie H. Castoria

There’s a fine line separating legal “puffery” from outright lying.


Legal Education, State Bar & Bar Associations

We should applaud the changes to the California bar

Jul. 24, 2020
By Kevin R. Johnson

In less than ideal circumstances with a global pandemic in the background, the California Supreme Court and State Bar worked d...


California Courts of Appeal, Family

The 5th District Court of Appeal recently clarified two principles of California family law.


Civil Rights, Government

CUR elevates some fundamental rights over others

Jul. 24, 2020
By Stephen F. Rohde

Secretary of State Mike Pompeo’s recently created Commission on Unalienable Rights released its first draft report last week.


Law Practice, Legal Education

An interview with UC Hastings Professor Naomi Roht-Arriaza

Jul. 24, 2020
By Mallika Kaur, Naomi Roht-Arriaza

A conversation with international human rights expert and UC Hastings Professor, on writing about traumatic events to trauma-c...


Corporate, Mergers & Acquisitions

In this article, we examine how post-COVID-19 M&A deals have actually addressed these issues, by reviewing a sampling of p...


Civil Litigation, U.S. Supreme Court

Latest decision to keep anti-SLAPP out of federal court may spark high court review

Jul. 23, 2020
By Derek F. Foran, Michael E. Komorowski

A ruling by the 2nd Circuit is the latest, and perhaps the most high-profile, federal appellate decision to hold that a state ...


Criminal

Time has come for DA offices to create Police Crimes Units

Jul. 23, 2020
By Aram B. James, Richard G. Konda

Absent a complete defunding or abolition of police departments, we must have concrete and measurable ways to hold police accou...


Administrative/Regulatory, Labor/Employment

Every aspect of life, business and law has been impacted by the current and unprecedented COVID-19 pandemic. The cannabis indu...


California Supreme Court, Civil Litigation, Land Use

While a final resolution of the issue in a recent California Supreme Court ruling is long overdue and the court’s recent decis...


Alternative Dispute Resolution, California Courts of Appeal, Civil Litigation, Labor/Employment

The 6th District Court of Appeal recently held that the arbitrator did not have the authority to issue subpoenas for the pre-h...


Law Practice

Despite the glitches, technology advances in government, the courts and the law are a positive development and likely here to ...


Constitutional Law, Government

The California Voting Rights Act is a consequential statute that, until recently, received little attention from California co...


Constitutional Law, Law Practice

As a public interest legal organization, Pacific Legal Foundation litigates in multiple ways: Primarily, we initiate, defend a...


Labor/Employment

The past few months have seen a historic surge in both state and federal legislation aimed at lessening the detrimental effect...


Civil Litigation, Insurance

Despite the concerted efforts to pressure the insurance industry for business interruption payments, none have been successful...


Law Practice

Face masks and juror credibility

Jul. 21, 2020
By Gary A. Dordick

Those not knowledgeable in the art of jury selection see little harm in masking jurors and lawyers. But for those of us who sp...


For high growth tech companies, corporate venture capital can be an attractive investment option. Not only can corporates prov...


Constitutional Law, Criminal

The last whiplash of the Balrog

Jul. 21, 2020
By Hadar Aviram

J.R.R. Tolkien is a master storyteller, and he sets up the moment when the Balrog’s whip ensnares Gandalf as poignantly tragic...


Family, Law Practice

Using bifurcation to avoid trial delays

Jul. 21, 2020
By Jeffrey P. Blum

One possible way to circumvent the current trial delay situation is for a party to pursue bifurcation via a request for a sepa...


Probate

Protecting trustees from blame (and liability) after the COVID-19 crisis

Jul. 21, 2020
By Michael S. Brophy, Craig S. Weinstein

As fiduciaries, trustees are typically guided by the responsibilities and obligations imposed on them under the law and/or pur...


Care needs to be exercised in making use of misleading wording about AI in the legal profession. Infamously, the terms “robo-l...


Civil Rights, Law Practice

Last week, Rep. John Lewis — the legendary civil rights leader and congressman — lost his battle with cancer at the age of 80....


Legal Education, State Bar & Bar Associations

Supreme Court passes the test on bar exam changes

Jul. 21, 2020
By Mitchel L. Winick

Embedded in the court’s decision and reasoning to modify the bar exam were changes that will fundamentally change who will be ...


Constitutional Law, Immigration, U.S. Supreme Court

Supreme court quietly eliminates critical constitutional protections

Jul. 20, 2020
By Joshua S. Lipshutz, Warren Loegering

The U.S. Constitution states, in no uncertain terms, that all “persons” within the United States are entitled to due process o...


Law Practice, Legal Education, Letters, State Bar & Bar Associations

In her July 8 guest column, “A plea to the California Supreme Court for diploma privilege,” Dean Anna M. Han of Santa Clara La...