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Technology, Government

This state-by-state approach is certain to create a split among the circuits, which likely means that the matter will end up i...


Law Practice, Appellate Practice

The controversy about the Department of Education’s guidance is somewhat different in that the due process deficits were not o...


Insurance

Multiple liability policies and who pays first

May 18, 2022
By Elliot Chen, Peter S. Selvin

Some carriers have taken the position that where multiple policies are implicated, the insured must satisfy all the deductible...


Health Care & Hospital Law, Data Privacy

In a post-Roe world, reproductive health data becomes immensely more valuable due to its intimate, personal and potentially cr...


Law Practice, Appellate Practice

Advice for new attorneys: The false declaration

May 18, 2022
By James D. Crosby

In my experience, trial judges, by nature, presume professionalism, ethical conduct and good faith by the lawyers appearing be...


The Regional Director asked the Court to order Starbucks to cease and desist from committing unfair labor practices in violati...


Tax, Constitutional Law

In the Supreme Court Opinion written by Justice Amy Coney Barrett, the Court notes that jurisdictional requirements mark the b...


Law Practice, Appellate Practice

How Long is Too Long?

May 17, 2022
By Fred J. Hiestand

Therein lies an unspoken major reason behind AB 2777’s enactment – money, or what legendary Assembly Speaker Jess Unruh called...


Government, Antitrust & Trade Reg.

Antitrust Division ratchets up leniency requirements

May 17, 2022
By Henry J. Hauser, Jon B. Jacobs

Whether these changes ultimately bolster or hinder the Antitrust Division’s efforts to detect and prosecute criminal cartels r...


U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility

The more the conservative movement turns its back on stare decisis, the more our entire system of governance becomes a struggl...


Judges and Judiciary, Appellate Practice

Some appellate courts show counsel their tentative opinion before oral argument -- allowing lawyers to discuss the tentative w...



State Bar & Bar Associations

State Bar needs to be reformed

May 16, 2022
By Ian R. Friedman

In short, the State Bar wastes a lot of time and money creating tasks forces to “study” Mandatory Malpractice Insurance, Parap...


Judges and Judiciary, Ethics/Professional Responsibility, California Courts of Appeal

Calling out the Chief Justice

May 16, 2022
By Jon B. Eisenberg

The Chief Justice has failed in her constitutional and ethical duties to ensure the timely adjudication of appeals in the 3rd ...


Law Practice, Civil Rights, Appellate Practice

But what this “analogy” ignores is that a half a pound (of illegal) drugs amounts to approximately 226 grams. That’s enough Sw...


Law Practice, Appellate Practice

Selecting and Managing Your Expert Witnesses

MCLE
May 13, 2022
By Philip Simmons

Unfortunately, not all cases have sufficient damages to justify a comprehensive expert team, but when the litigation and clien...


Intellectual Property, Antitrust & Trade Reg.

Those seeking to cancel a trademark application in federal court should thus craft their allegations to establish a nexus betw...


Entertainment & Sports

Stream it Tonight! Frisco Jenny (1932)

May 13, 2022
By Paul Bergman, Michael Asimow

The Code would have prohibited all of the candid material about prostitution in Frisco Jenny. But movies released between 1930...


Labor/Employment, Contracts

Model behavior?

May 13, 2022
By Caroline P. Donelan, Natalie R. Alameddine

Most of the time, these individuals have been fully paid for their services through their agency, but nonetheless file claims ...


Ethics/Professional Responsibility


Letters


Torts/Personal Injury, Health Care & Hospital Law

The myth of frivolous medical malpractice cases

May 12, 2022
By Reza Torkzadeh, Allen P. Wilkinson

The truth is that insurance companies do not settle frivolous medical malpractice cases and will take them all the way to trial.


Litigation & Arbitration

Though the Court ruled in favor of the plaintiffs, the discussion of arbitrability is a playbook for institutions in drafting ...


Data Privacy

CPRA series: Part III - Notice and disclosure obligations

MCLE
May 12, 2022
By Ron Raether, Kim Phan

It remains to be seen when the California Privacy Rights Act of 2020 will be finalized, including when businesses will be requ...


Law Practice, Criminal, Appellate Practice

Let’s Face It

May 11, 2022
By Brian M. Hoffstadt

The right to face-to-face confrontation is viewed as a second-tier Confrontation Clause right. Although it furthers “‘the core...


Law Practice, Appellate Practice

Can a party still accept the offer and effectively nullify the judge’s decision? Nothing in the language of Rule 68 specifical...


Letters

The Supreme Court should grant review of Kirk v. Ratner

May 11, 2022
By Leonard S. Steiner


Tax, Real Estate/Development

Biden Proposes Numerous Tax Increases

May 11, 2022
By Robert W. Wood

One of the President’s proposals is to tax long term capital gains and qualified dividends as ordinary income if your taxable ...


Tax

Tax problems for Johnny Depp & Amber Heard?

May 10, 2022
By Robert W. Wood

A recent story suggested that Elon Musk may have paid a portion of Amber Heard’s pledged ACLU donations. That hearkens back to...


UC Hastings College of the Law is seeking to change its name on account of media stories starting in 2017 alleging “genocide” ...