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
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
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...
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
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
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...
Appellate Practice, Family
Emergency family law changes in LA may affect the kinds of matters filed in the Court of Appeal in the near term
By Claudia Ribet
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
Ruling limited review of PTAB decisions to institute inter partes reviews
By Ben M. Davidson
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...
On Wednesday, Education Secretary Betsy DeVos finally made good on her promise to codify procedures that will provide a “consi...
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
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...
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
Allowing financial assistance to clients for humanitarian purposes
By A. Marco Turk
The always forward-thinking New York City Bar Association has urged adoption of a humanitarian exception to its ethics rules t...
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
Can you write off salaries paid with Paycheck Protection loans?
By Robert W. Wood
The federal Paycheck Protection Program was meant to help small businesses keep their employees on payroll, and to pay utiliti...
Alternative Dispute Resolution
Maximizing online platforms for success in arbitrations
By Jeffrey Benz
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
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
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
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
Substitution hearings under the Subletting and Subcontracting Fair Practices Act
By Garret D. Murai
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
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
Not 5, not 6, not 7 or even 8 jurors; the number is 12
By Kent Crossman
In urging that eight-person criminal juries are good enough and would save money, Randolph A. Rogers overlooks the criminal ju...
My first piece of advice is to immerse yourself in law school with the courses that are most relevant to forming, financing, s...
The onset of COVID-19 flu has prompted physicians, researchers and health care practitioners to scramble to come up with treat...
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
A chance to loosen the past’s stronghold on our criminal justice system
By Hadar Aviram
Last month the U.S. Supreme court ruled that the 6th Amendment requires a unanimous verdict in serious criminal cases; on Mond...
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)
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
Course correction on ‘Bankers Bond’ insurance policies
By Robert Wallan
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
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...