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As you stand before a jury delivering your opening statement, the last thing you should feel is that you can’t win. Every tria...


Environmental & Energy, Government

Voluntary agreements will avoid years of disputes over Bay-Delta

Feb. 18, 2020
By Ryan Bezerra, Jennifer Buckman

Water litigation often involves decades of conflict. Judicial and administrative litigation about the American, mainstem San J...


California Supreme Court, Labor/Employment

The debate over the Supreme Court of California's 2018 Dynamex decision - in which the state's highest court adopted the so-ca...


California Supreme Court, Constitutional Law, Criminal

Does due process require an ability to pay before imposing criminal fines? Is it fundamentally unfair to impose assessments to...


Admiralty/Maritime, Government, Law Practice

The government lawyer (part 1)

Feb. 18, 2020
By Myron Moskovitz

As a young government lawyer, It didn't take me long to learn that politics can override good policy.


Corporate, Labor/Employment

SB 826, California’s ‘woman quota’ law, is plainly unconstitutional

Feb. 18, 2020
By Anastasia Boden, Daniel Ortner

California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...


Judges and Judiciary, Letters

I have long been scratching my head over Napa County Superior Court’s contested judicial election, in which Judge Monique Lang...


Criminal, Government

Resignations expose illness at the DOJ

Feb. 14, 2020
By Carol C. Lam

Roger Stone will have his place in history, but not merely for his role as a gadfly in the president’s once-inner circle. More...


Criminal, Government

Insubordination shouldn’t be celebrated

Feb. 14, 2020
By Bilal A. Essayli

Prosecutors in the Roger Stone case lied to the attorney general about their sentencing recommendation.


Ethics/Professional Responsibility, State Bar & Bar Associations

TA recent ethics opinion from the State Bar discusses the ethical obligations of both an attorney departing a law firm, akin t...


Ethics/Professional Responsibility, State Bar & Bar Associations

This question was raised recently in opposition to proposals by the State Bar of California regarding fee-sharing and nonattor...


Alternative Dispute Resolution, Family

Mediation magic at the dependency courts

Feb. 14, 2020
By Stacey Lisk, Sidney Kanazawa

There is magic happening at the Los Angeles County Dependency Courts in Monterey Park and Antelope Valley, California. These a...


Books, International Law

Lured by the wolf

Feb. 14, 2020
By Richard Wirick

Jessica Stern’s new book ‘My War Criminal’ documents her encounters with an architect of genocide


Legal Education

Ensuring legal extern compliance with cyber protocols

Feb. 13, 2020
By Grace A. Parrish

People receive notifications about another data breach that may have affected their personal information daily. Although large...


9th U.S. Circuit Court of Appeals, California Supreme Court

9th Circuit biometric privacy case denied, but others on the way

Feb. 13, 2020
By Michael Zeller, Ari Herbert

The U.S. Supreme Court recently declined to review a 9th Circuit decision involving a class action under the Illinois Biometri...


Administrative/Regulatory, Civil Litigation, Corporate, Intellectual Property

The 9th is set to hear oral arguments in FTC v. Qualcomm on Thursday. This appeal of District Judge Lucy Koh’s groundbreaking ...


With over half of our returns being prepared by someone else, it is no wonder that many taxpayers may feel tempted to not even...


Administrative/Regulatory, Corporate, Intellectual Property

FTC v Qualcomm: Where do you SEPpose we go from here…?

Feb. 12, 2020
By Brian Scarpelli, Alexandra McLeod

We need to unleash the unparalleled innovation capacity of America into our new markets without the constraints of Qualcomm’s ...


The FAIR Act and mandatory arbitration

Feb. 12, 2020
By Twila S. White

The federal Forced Arbitration Injustice Repeal Act would prohibit pre-disbute arbitration agreements that force arbitration o...


Corporate, Criminal, Government, Securities

2nd Circuit abandons insider trading ‘personal benefit’ test

Feb. 12, 2020
By Matthew E. Sloan, Emily Ludmir Aviad

A recent ruling sets a lower burden for bringing insider trading cases under Title 18 and will likely encourage prosecutors to...


Constitutional Law, Criminal

Face-to-face confrontation: Who should connect the dots?

Feb. 12, 2020
By Brian M. Hoffstadt

The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...


Antitrust & Trade Reg.

A deep dive into the antitrust claims against Facebook

MCLE
Feb. 12, 2020
By Daniel Bitton, Angelina Whitfield

Four app development companies recent filed a class action suit against Facebook in the Northern District of California, alleg...


Law Practice

Responding to coronavirus is not ‘racist’

Feb. 11, 2020
By Frank H. Wu

“Do you believe how America is reacting to the coronavirus is racist?” More than one friend has asked me, a Chinese-American, ...


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

The law is clear, and this manner of resolving the case is clearly wrong.


Corporate, Intellectual Property, International Law, Mergers & Acquisitions

What California businesses should know after Brexit

Feb. 11, 2020
By Matthew Levitt, Neil Coulson

The regulation — through legislation or antitrust enforcement and merger control — of platforms and of data-rich tech companie...


Constitutional Law, Government

Trump, post-impeachment

Feb. 11, 2020
By Kris Whitten

The Senate has spoken, and President Donald Trump was acquitted on Feb. 5, by a majority vote — far short of the two-thirds ma...


Civil Litigation, Labor/Employment

You have probably seen it on a restaurant bill: a notice that a percentage is added to your bill as a “service charge.” But al...


Civil Litigation

As last year drew to a close, the 9th Circuit affirmed a district court’s dismissal of a false advertising case challenging th...


Entertainment & Sports, Intellectual Property

In watching a musical, you encounter numerous different elements coming together to form one unified story. Those elements may...


Criminal, Government

The California Attorney General’s office estimates that human trafficking is an approximately $150 billion-dollar-a-year globa...