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Appellate Practice, Civil Litigation, Law Practice

A little help here?

Jun. 2, 2020
By Benjamin G. Shatz

On its face, Section 166.1 is a rather peculiar statute. As you might guess, it was drafted by lawyers for their use, speciall...


Corporate, Securities

Investor protections in private equity funds

Jun. 2, 2020
By Sara L. Terheggen

o best protect their investment, investors should determine whether the general partner has incorporated any recourse protecti...


Government, Labor/Employment

How COVID-19 could permanently transform public agency operations: lessons learned

Jun. 2, 2020
By T. Oliver Yee, Alysha R. Stein-Manes

The coronavirus public health emergency has drastically changed how workplaces operate. This is particularly true for public a...


Constitutional Law

May 27, 2020, will be remembered as the day when the president of the United States publicly threatened to censor political sp...


Judges and Judiciary, Law Practice

'We are all in this...

Jun. 1, 2020
By Arthur Gilbert

…together?’


Appellate Practice, Constitutional Law, Law Practice

Joe, part I

Jun. 1, 2020
By Myron Moskovitz

Who was Joseph Tussman?


Using his significant -- and underutilized -- power to control post-conviction case resolution, the AG can serve the public in...


The news in this opinion is that the California Supreme Court has found that preventive detention is constitutionally permitte...


Administrative/Regulatory, Government

Last week, President Donald Trump signed an executive order with far-reaching implications for regulatory agency enforcement p...


Law Practice

For most of the last two decades, I have been a member of the Honorable William A. Ingram American Inn of Court, in San Jose. ...


Labor/Employment

Navigating the COVID-19 presumption for workers’ compensation claims

May 29, 2020
By Dwayne McKenzie, Kevin Hannifan

Executive Order N-62-20 establishes a rebuttable presumption, for purposes of awarding workers’ compensation benefits, that em...


Civil Litigation

Many persons outside the residential housing industry may not be aware that parties to an unlawful detainer proceeding are sta...


Alternative Dispute Resolution, Law Practice

Thinking outside the mask: law and the pandemic

May 29, 2020
By Robert S. Mann

Desperate times call for clever solutions. I’ve been rounding up stories about the many innovative ways in which lawyers and m...


Law Practice

In San Diego, lawyers have stepped up to the challenge by creating innovative ways to keep everyone safe while practicing soci...


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

The 9th Circuit decided a case on May 22 in which it firmly rejected First Amendment arguments which contested the application...


Alternative Dispute Resolution, Health Care & Hospital Law

One of the most frequent types of health care arbitrations is that between a provider of health care services (e.g., physician...


Our closets, garages, file cabinets and food pantries have never looked better during the lockdown. But, as we prepare for lif...


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

Climate change lawsuits belong in state court

May 28, 2020
By Myanna Dellinger

On Tuesday, the 9th Circuit held in two separate opinions that lawsuits for damages to infrastructure caused by energy compani...


Courts recognize the unequal bargaining power in deciding whether a prosecutor has breached a plea agreement. As with any one-...


Appellate Practice, California Courts of Appeal, Civil Litigation

Evidence: An eternal struggle?

May 28, 2020
By Gary A. Watt, Nicole Kim

The hearsay rule traces back 500 years, and its ascension to a uniform principle occurred in the 1800s. How is it that 120 or ...


Criminal, Letters

Juror challenge bill is an opportunity to lead

May 28, 2020
By Elisabeth Semel

I am writing in response to the Daily Journal’s article May 26 article, “Bill aims to curb some juror challenges.” While the a...


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

All together in one place: time to open the churches

May 28, 2020
By William J. Becker Jr., Jeremiah Graham

This Sunday, just as the disciples were “together in one place,” a number of churches throughout the state are planning to mar...


Constitutional Law

COVID-19 meets the 5th Amendment

May 27, 2020
By Michael M. Berger

This column is concerned with one specific kind of guarantee and one specific type of relief: Are these orders valid under the...


Judges and Judiciary, Law Practice

It goes without saying that COVID-19 has disrupted all facets of daily life. As any practicing attorney knows, the effect on t...


Alternative Dispute Resolution, Law Practice

The extraordinary events of the last few months have affected millions of lives and the one thing that can restore more certai...


Labor/Employment

As employers today navigate complex issues that they had never imagined, there are more than a few myths circulating about the...


Previous articles indicate that if COVID-19 is a force majeure event, it is one like no other ever litigated: a worldwide pand...


Banking

COVID-19 exceptions in credit agreements (Part II of II)

May 26, 2020
By Sandra Lee Montgomery, Bharat Moudgil

This article discusses additional considerations related to COVID-19’s impact on credit agreements.


Intellectual Property, U.S. Supreme Court

Last week, the U.S. Supreme Court unanimously reversed the 2nd Circuit’s application of res judicata to bar Lucky Brand’s asse...


Family

Assessing risk of Family Code Section 271 sanctions

May 26, 2020
By Vivian Carrasco Hosp, Lance S. Spiegel

The back log of family law cases in the superior court is severe, estimated at 32,000. Unfortunately, in many of these cases, ...