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What Congress and the Small Business Association giveth, the IRS taketh away.


Corporate

Lender’s liability and MAC clauses in the era of COVID-19

May 11, 2020
By Jennifer A. Post, Simran S. Bindra

To mitigate the unprecedented financial impacts of the COVID-19 pandemic, lenders are reviewing their existing loan portfolios...


Environmental & Energy, U.S. Supreme Court

Ruling creates certainty and uncertainty at current and future Superfund sites

May 11, 2020
By Leila Bruderer, Steven H. Goldberg

In a case watched closely by environmental attorneys around the country, the U.S. Supreme Court solidified the EPA's authority...


Government, Tax

While it’s not possible to cover all of the legal issues that nonprofits are currently facing in this one column, I’m focusing...


Appellate Practice, California Supreme Court

Electronic argument in the California Supreme Court

May 11, 2020
By Michael G. Colantuono

The California Supreme Court is conducting oral arguments by video conference during the pandemic. I argued two cases there on...


Bankruptcy

Navigating the fiscal impacts of the COVID-19 pandemic

May 11, 2020
By David S. Kupetz, Victor A. Sahn

It is important that businesses enduring significant financial distress, even if the problems only arose as a result of fall-o...


The presiding judge for Los Angeles County Superior Court recently announced that a “ramp up” gradual resumption to business a...


Intellectual Property, U.S. Supreme Court

On April 20, the U.S. Supreme Court held that courts may not review a decision by the Patent Trial and Appeal Board to institu...


Education Law

A new era for Title IX

May 8, 2020
By Samuel A. Josephs, Lindsey M. Hay

On Wednesday, Education Secretary Betsy DeVos finally made good on her promise to codify procedures that will provide a “consi...


Law Practice

Tips for working from home

May 8, 2020
By Shari L. Klevens, Alanna G. Clair

For many attorneys used to the daily routine of going into the office, the pandemic has had a jarring impact on both their pro...


Real Estate/Development, Appellate Practice

The virus on appeal, part 4

May 8, 2020
By Myron Moskovitz

My prior columns on this topic suggested that a commercial tenant who fails to pay the rent because the corona virus undermine...


U.S. Supreme Court

Justices and their citations

May 8, 2020
By Michael J. Raphael

Can you imagine if the text of a U.S. Supreme Court opinion had no citations at all? You actually don’t have to.


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

The always forward-thinking New York City Bar Association has urged adoption of a humanitarian exception to its ethics rules t...


Books

The pandemic’s Cassandra

May 8, 2020
By Richard Wirick

A book is about to be reissued — and I mean really reissued, 100,000 print copies — by the young Toronto writer Emily St. John...


Labor/Employment, Tax

The federal Paycheck Protection Program was meant to help small businesses keep their employees on payroll, and to pay utiliti...


Alternative Dispute Resolution

This is the second part of my article on maximizing online platforms for success in arbitrations in the new normal of the Covi...


Civil Litigation, Health Care & Hospital Law, U.S. Supreme Court

Another nail in the coffin for MICRA

May 7, 2020
By Bruce M. Brusavich

Recently, the U.S. Supreme Court held that the Sixth Amendment right to a unanimous jury verdict of guilt for serious crimes w...


Civil Litigation, Health Care & Hospital Law

Fight for contraceptive coverage rages during COVID-19

May 7, 2020
By Jonathan Miller, LiJia Gong

Women are uniquely impacted by the coronavirus. Domestic violence has surged; industries in which women provide an outsized po...


Civil Rights

An interview with: Jose Varela, Marin County public defender

May 7, 2020
By Mallika Kaur, Jose H. Varela

This is the first in a new interview series through which Mallika Kaur will explore with lawyers from various practice areas t...


Civil Litigation, Construction

JMS Air Conditioning and Appliance Service, Inc. v. Santa Monica Community College District provides an interesting behind-the...


Real Estate/Development, Appellate Practice

The virus on appeal, part 3

May 7, 2020
By Myron Moskovitz

In my prior columns on this topic (which ran yesterday and the day before), I discussed various possible defenses a commercial...


Judges and Judiciary, Letters

In urging that eight-person criminal juries are good enough and would save money, Randolph A. Rogers overlooks the criminal ju...


Law Practice

My first piece of advice is to immerse yourself in law school with the courses that are most relevant to forming, financing, s...


Intellectual Property

Patent protection and the coronavirus

May 7, 2020
By Dariush Adli

The onset of COVID-19 flu has prompted physicians, researchers and health care practitioners to scramble to come up with treat...


Tax

Amidst all the chaos and concern, it can be easy to lose sight of some basic tax rules.


Constitutional Law, Criminal, U.S. Supreme Court

Last month the U.S. Supreme court ruled that the 6th Amendment requires a unanimous verdict in serious criminal cases; on Mond...


Law Practice

Take advantage of this quiet time as a point of self-reflection. If you have a lull in your practice, take advantage of all of...


Banking

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

May 6, 2020
By Sandra Lee Montgomery, Bharat Moudgil

It is still early in the post-COVID-19 credit cycle, but the pandemic is already working its way into credit documents, and ma...


9th U.S. Circuit Court of Appeals, Banking

Despite the apparent clarity and simplicity of the insuring agreement, insurance companies have typically denied forgery claim...


Real Estate/Development, Appellate Practice

The virus on appeal, part 2

May 6, 2020
By Myron Moskovitz

Part I of this series (in Tuesday’s Daily Journal) discussed possible defenses to a commercial landlord’s claim for unpaid ren...