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Law Practice, Civil Litigation

Over the past year, I have written about myriad litigation-related topics — yet, I have never written about the litigants them...


For countless law enforcement agencies, the scope of disclosures they are legally required to make often turns on what constit...


Law Practice, Criminal, Constitutional Law

When Gov. Gavin Newsom signed the Senate Bill 98, media groups hailed its passage and reported that it “exempts media professi...


Law Practice, Appellate Practice

Trial lawyers juggle many balls at once — and the balls keep changing as the case moves along. Appellants’ lawyers are on a di...


Law Practice, Covid Columns

How the pandemic changed the legal landscape

Mar. 21, 2022
By Brian S. Kabateck

With the threat of COVID not entirely behind us yet, it’s crucial now more than ever to embrace the changes the pandemic has b...


Tax

No IRS SOL on audit? How can this be?

Mar. 21, 2022
By Robert W. Wood

Tax audits are unnerving and can be expensive. Even if you end up with the coveted “no change” letter that is the stuff of leg...


U.S. Supreme Court, Judges and Judiciary

Last month, President Joe Biden nominated Judge Ketanji Brown Jackson to the U.S. Supreme Court. On Monday, the Senate Judicia...


Torts/Personal Injury, Law Practice, Covid Columns, Civil Litigation

COVID-19 negligent exposure cases: Not a plaintiff’s paradise

Mar. 21, 2022
By J. Kevin Morrison, Noah A. Phillips

While the factual circumstances underlying COVID-19 negligence lawsuits may be as novel as the virus itself and often present ...


Labor/Employment

Along with all the other social impacts, the COVID-19 pandemic has significantly reshaped the workplace and much of employment...


Legal Education, Constitutional Law

Under Article IX, section 9, the Legislature has no authority to rename the college, and that constitutional provision more br...


Environmental & Energy, Administrative/Regulatory

NEM 3.0 final design will determine fate of California’s solar market

Mar. 18, 2022
By Addison Berry, Elizabeth Levin

Though a fair amount of uncertainty remains about the timing and final design of NEM 3.0, the critical question is whether sta...


Government, Criminal

Our public defender offices must be fully funded and staffed

Mar. 18, 2022
By Christine Rodriguez Tyler

Nearly 60 years after the landmark Supreme Court ruling in Gideon v. Wainwright, we still see public defender offices across t...


Recent changes in federal and state law that shrink the scope of arbitration and confidentiality clauses will affect how cases...


Labor/Employment

Courts should dismiss PAGA suits when plaintiff isn’t competent

Mar. 18, 2022
By Chet Kronenberg, Jacob Waschak

Let’s say a PAGA plaintiff has a past felony conviction for armed robbery or is going to be incarcerated during the pendency o...


Criminal

I wish I could name two or three factors to look for, but alas, there isn’t a checklist or litmus test for identifying wrongfu...


Consumer Law, California Supreme Court, California Courts of Appeal

Subrogation is commonly described as a legal device that allows one person to "step into the shoes" of another in relation to ...


U.S. Supreme Court, Government

Since 9/11, the circumstances in which agencies have wielded this doctrine have become increasingly less exceptional. A recent...


Data Privacy, Criminal, Constitutional Law

California’s feeble privacy right is cold comfort

Mar. 17, 2022
By Brandon V. Stracener, David A. Carrillo

San Francisco’s District Attorney Chesa Boudin recently revealed that the city’s police department has a practice of saving DN...


Intellectual Property

Recovery for IP infringement under PREP

Mar. 17, 2022
By Lena G. Streisand, Jessica Bromall Sparkman

It is clear that the PREP Act is meant to provide broad immunity, but few cases have examined the contours of that immunity — ...


Labor/Employment

A federal law signed by President Joe Biden on March 3 is changing the way sexual harassment and sexual assault cases are han...


Law Practice, Ethics/Professional Responsibility

How to fire a client

Mar. 16, 2022
By Dan L. Stanford

This has probably never happened to you: The facts turn out to be very different than initially relayed by your client. Or a c...


Civil Litigation, California Supreme Court, Banking

When duty doesn’t call: Sheen v Wells Fargo Bank

Mar. 16, 2022
By Jonathan D. Fink

The California Supreme Court has resolved — for now — one of the most hotly contested legal theories upon which borrowers have...


Law Practice

Study your rights under the Americans with Disabilities Act and California’s powerful Fair Employment and Housing Act, among o...


U.S. Supreme Court, Government

State secrets rulings favor ignorance over knowledge

Mar. 15, 2022
By Erwin Chemerinsky

In the first week of March, the U.S. Supreme Court issued two decisions which expand the “state secrets privilege” and make it...


Notably, Assembly Bill 2289 isn’t an income tax at all; rather, it would be America’s first bona fide wealth tax.


California Supreme Court, Banking

In a landmark decision sure to have a significant impact on the real estate banking industry, the California Supreme Court dec...


Law Practice, Civil Litigation

ADA lawsuits filings continue steady annual pace upward

Mar. 14, 2022
By Kristina M. Launey

Lawsuits filed by individuals with disabilities alleging they were denied access to a business’ goods or services due to acces...


Constitutional Law, Appellate Practice

If you settle a case on appeal and then ask the court to dismiss the case as moot, don’t be surprised, particularly where a de...


Probate, Family

Appellate ruling shows trust’s modification method must be followed

Mar. 14, 2022
By Michael J. Fedalen, Bruce Givner

A recent decision is a helpful caution that the modification provisions of a trust must be carefully followed and that there i...


U.S. Supreme Court, Civil Rights, Books

In "The Great Dissenter," Peter S. Canellos delves into Justice John Marshall Harlan's life experiences and judicial philosoph...