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Criminal

The First Step Act is an imperfect first step

Jan. 16, 2020
By Arash Hashemi

The First Step Act was a very promising piece of legislation for criminal justice reform when it was signed into law by Presid...


State Bar & Bar Associations, Legal Education

Transparency needed in California bar exam results

Jan. 15, 2020
By Mitchel L. Winick

Several recent articles in the Daily Journal have reported serious problems with the State Bar of California’s statistical rep...


California Supreme Court, Constitutional Law

The last decade in the United States Supreme Court

Jan. 15, 2020
By Erwin Chemerinsky

Everyone seems to be making lists about what occurred in the last decade, so what about the Supreme Court over the last 10 yea...


Labor/Employment, Civil Litigation

Late last year, the California Legislature enacted and Gov. Gavin Newsom signed into law an anti-arbitration statute that masq...


Criminal, Government

Evolving or catering? Gascón and gangs

Jan. 15, 2020
By Eric Siddall

Ever the opportunist, candidate George Gascón is continuing his disinformation campaign with the hope of winning over progress...


Law Practice

As litigators we are aware of the vagaries and unforeseeable pitfalls involved in taking a case to court. Knowing the unpredic...


Education Law

Should law students memorize doctrine?

Jan. 14, 2020
By Frank H. Wu

As a teacher, I am asked by students at the beginning of the semester whether I recommend that they memorize the rules.


Corporate, Government, Securities

What does the SEC have in store for 2020?

Jan. 14, 2020
By Nicolas Morgan, Thomas A. Zaccaro

A number of factors — such as market trends, SEC initiatives, rule changes, and significant court cases — can push the SEC’s E...


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

The 9th Circuit’s non-functional approach to the ministerial exception

Jan. 14, 2020
By Josh McDaniel, Jacob M. McIntosh

The Supreme Court should reject the 9th Circuit’s approach and ensure that religious liberty is equally available to all faiths.


Government, Tax

What a year! As we close out 2019 and usher in 2020, here’s an overview of some of the key occurrences and legal developments ...


Corporate, Government

The CCPA is not Y2K 2.0

Jan. 14, 2020
By Tanya Forsheit

For privacy lawyers old enough to remember, December 2019 felt oddly reminiscent of December 1999. There was a lingering sense...


9th U.S. Circuit Court of Appeals, Labor/Employment, Civil Litigation

Public sector unions not liable for repayment of agency fees

Jan. 13, 2020
By Kevin J. Chicas, Adrianna Guzman

The 9th Circuit recently affirmed the dismissal of a lawsuit that public employees filed against the exclusive representative ...


The 9th Circuit recently affirmed the dismissal of consumer fraud claims alleging that the use of the word “diet” in Diet Dr. ...


Bankruptcy, Corporate

A recent case demonstrates that a buyer faces a heavy burden and must make a strong showing to invoke a material adverse effec...


Labor/Employment, Civil Litigation

As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...


Administrative/Regulatory, Banking

The legal landscape of banking marijuana businesses (Part II)

Jan. 13, 2020
By Fredrick S. Levin, Daniel P. Stipano

Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispens...


Ethics/Professional Responsibility, Law Practice

Lawyers as defendants in 2019

Jan. 10, 2020
By Kenneth C. Feldman, Alex A. Graft

In 2019, the Court of Appeal (but not Supreme Court) predictably addressed many of the same general issues which come before i...


Ethics/Professional Responsibility, Law Practice

Litigation finance in today’s legal industry

Jan. 10, 2020
By Shari L. Klevens, Alanna G. Clair

While the use of litigation finance is now well-established in the legal industry, it still garners significant attention amon...


Ethics/Professional Responsibility

As we transition from 2019 to 2020, we need to consider issues such as what obligation does a lawyer have when a judge or publ...


Ethics/Professional Responsibility

Teaching the required course in professional responsibility, an anodyne title for legal ethics, I always face the same issue a...


Environmental & Energy, U.S. Supreme Court

It sounds so simple. The Clean Water Act applies to “waters of the United States.” But a clear and consistent definition of th...


Constitutional Law, U.S. Supreme Court

Property rights at US high court in 2019

Jan. 9, 2020
By Larry Salzman

One leap forward and two missed steps


Insurance

2019 review of California insurance law decisions

Jan. 9, 2020
By Kirk A. Pasich

In 2019, California courts issued a number of interesting decisions on insurance issues. Three stand out.


Health Care & Hospital Law, Tax, U.S. Supreme Court

US Supreme Court to once again review Obamacare

Jan. 9, 2020
By John H. Minan

The U.S. Supreme Court is once again being asked to determine the fate of the Patient Protection and Affordable Care Act.


Environmental & Energy

“Flavor of the Month” is a misnomer, particularly for PFAS; between a hit movie (Dark Waters) and the interest of class action...


Judges and Judiciary, Law Practice

More than 43,000 adults with intellectual and developmental disabilities are living under the protection of California courts....


Government

AB 602 and AB 730: Curbing "deepfakes" in pornography and elections

Jan. 8, 2020
By Douglas E. Mirell, Joshua Geller

Two new laws restricting the creation and distribution of so-called “deepfake” videos – Assembly Bills 602 and 730 – will beco...


Real Estate/Development, Government

SB 330: Housing Crisis Act

Jan. 8, 2020
By Bryan W. Wenter

A long and complicated bill that makes key changes to the Planning and Zoning Law to remove obstacles to the processing and ap...


Bill is part of effort to increase civic engagement


Senate Bill 41 adds Section 3361 to the Civil Code stating, "Estimations, measures, or calculations of past, present, or futur...