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Labor/Employment

While historically the issue of noncompete enforcement has been left to the states, the last year has seen the U.S. Department...


Civil Rights

1877 + 1918 + 1929 + 1968 = 2020

Jun. 9, 2020
By Eva J. Paterson

Many of my white friends have called to express their disgust at what they are seeing and to see how I am doing. Often the con...


Labor/Employment

COVID-19 remote workforce: document collections (part 2)

Jun. 8, 2020
By Jason H. Tokoro, Ryan Mackey

The COVID-19 pandemic and resulting stay-at-home orders swept through the United States in a matter of days, and resulted in e...


California Courts of Appeal, Civil Litigation, Government

A recent opinion should serve as a warning to cities and counties that development agreements are meant to provide protection ...


California Courts of Appeal, Civil Litigation, Labor/Employment

Appellate ruling addresses legality of unlimited vacation policies

Jun. 8, 2020
By Roland M. Juarez, Katherine P. Sandberg

In the first published appellate court decision on the issue, the California Court of Appeal laid out a path for enforceable u...


9th U.S. Circuit Court of Appeals, Environmental & Energy

The 9th U.S. Circuit Court of Appeals recently handed California local governments a major victory in what is likely the most ...


Although it certainly should not be the primary consideration, minimizing risk from potential lawsuits needs to be an importan...


Civil Litigation, Law Practice

Federal court: Expert’s testimony doomed by misuse of data

Jun. 8, 2020
By Jonathan S. Tam, Mary H. Kim

A recent decision from the U.S. District Court for the Northern District of California serves as a helpful reminder of the imp...


Probate

A powers of appointment statute in need of repeal

Jun. 5, 2020
By Jeffrey A. Dennis-Strathmeyer

A recent Court of Appeal decision demonstrates once again that an unusual statute prohibiting judicial reformations of power o...


There is no question that the first year of practicing law is meant to be challenging, but nothing could have warned the class...


Ethics/Professional Responsibility

The pandemic’s impact on attorneys’ mental health

Jun. 5, 2020
By Shari L. Klevens, Alanna G. Clair

The COVID-19 global pandemic is something of a perfect storm for those with a history of mental health and substance abuse pro...


Criminal, Law Practice

Change is coming

Jun. 5, 2020
By Nina Marino

Twenty-eight years ago, I was a new attorney practicing criminal defense law. I took court appointed cases. In the wake of the...


Judges and Judiciary, Military Law

How the military handle another viral disease, HIV

Jun. 5, 2020
By Eileen C. Moore

The Pentagon has already issued COVID-19 guidance, and then reversed itself. Before further COVID-19 policies are formulated, ...


Alternative Dispute Resolution

How drawing informs the art of mediation

Jun. 5, 2020
By Jan Frankel Schau

In creating a drawing, the artist needs to consider whether she wants it to be obscure and abstract or crisp, marked by fine, ...


Data Privacy

Data identification and preservation in a COVID-19 world

Jun. 5, 2020
By Jason H. Tokoro, Ryan Mackey

This is the first in a two-part series of articles addressing how today’s work-from-home world has changed how data is created...


Labor/Employment, Tax

The House has passed a bill to expand Payment Protection Program, or PPP, loans in key ways. The Senate has its own version un...


Alternative Dispute Resolution

The wisdom of kindness in negotiations

Jun. 4, 2020
By Greg Derin

We are all engaged in a great struggle. Pandemic or not, this is the nature of our journey. Throughout our negotiations, we se...


Government, Intellectual Property

Politicians from both political parties have floated various proposals for limiting or eliminating CDA immunity. If those effo...


Banking, Government

Don't bank on preemption for AB 2501

Jun. 4, 2020
By Prasad Krishnamurthy

California Assembly Bill 2501 would provide needed relief to consumers with mortgage and automobile debt. AB 2501 would halt a...


Law Practice

We have a choice

Jun. 4, 2020
By Sidney Kanazawa

We have a choice. To stay silent. To yell. To destroy. To blame. To not see. To not hear. Or — like Gandhi, King, Mandela, Ken...


Corporate, Government, Securities

ESG disclosure issues during—and after—the COVID-19 pandemic

Jun. 4, 2020
By Peter I. Altman, Stacey H. Mitchell

So-called “environmental, social and governance,” or ESG, disclosures may soon become a topic for an increasing number of comp...


Constitutional Law, U.S. Supreme Court

The COVID-19 pandemic finally reached the U.S. Supreme Court last week. Unfortunately, it got there with a case, South Bay Uni...


Environmental & Energy

California should designate the western Joshua tree for protection

Jun. 3, 2020
By Douglas P. Carstens, Michelle Black

This month, the California Fish and Game Commission will be evaluating whether to advance a petition to list the western Joshu...


Labor/Employment, U.S. Supreme Court

On Monday, in a 5-4 decision issued, the Supreme Court made it a whole lot more difficult for retirement plan participants to ...


Civil Litigation, Labor/Employment

During the pandemic, California has experienced a perfect storm that might unleash waves of employment litigation.


California Courts of Appeal, Construction

Construction specifications generally come in two flavors: “design” specifications and “performance” specifications. Design sp...


Constitutional Law, Criminal, U.S. Supreme Court

When qualified immunity offends common sense

Jun. 3, 2020
By John H. Minan

Although the qualified immunity doctrine properly protects government officials for innocent mistakes, the doctrine is easily ...


Intellectual Property

Intellectual property and the exclusivity it provides its owners is a valuable tool for cannabis businesses, allowing them to...


Corporate

The first outside director

Jun. 2, 2020
By David F. Larcker, Brian Tayan

Little is known about the process by which pre-IPO companies select independent, outside board members — directors unaffiliate...


Entertainment & Sports, Intellectual Property

A recent report by the Copyright Office includes a series of recommendations on how to reallocate rights and risks in ways som...