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Criminal

Moving for mental health diversion

MCLE
Oct. 13, 2021
By David A. Katz

A primer on Penal Code Section 1001.36, enacted in 2018, which permits a court to order pretrial diversion for clients with ce...


Labor/Employment, Civil Litigation

Tesla verdict provides simple lesson the hard way

Oct. 13, 2021
By Leonid M. Zilberman

The recent $137 million jury verdict against Tesla in a racial discrimination case brought by Owen Diaz, a former African-Amer...


Antitrust & Trade Reg.

Antitrust verdict provides lessons for cannabis businesses

Oct. 13, 2021
By Leo Caseria, Thomas Tyson

A California jury last month handed down what has been reported to be the first antitrust jury verdict involving the cannabis ...


Last week, the Senate Judiciary Committee issued an interim staff report on the use of the DOJ by Donald Trump and his allies.


Labor/Employment, Constitutional Law, Civil Litigation

In August, a trial court in Alameda County invalidated Proposition 22 — a statutory voter initiative that classified many app-...


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

Courts confront racist immigration law

Oct. 12, 2021
By Ahilan Arulanantham

A pair of 9th Circuit cases will examine what the Constitution requires Congress to do when confronted with the present-day ef...


Technology, Law Practice

There are a veritable plethora of computer-based natural language processing systems these days, such as the widely popular Al...


U.S. Supreme Court

There is no such thing as value-neutral judging

Oct. 12, 2021
By Erwin Chemerinsky

Over a century ago, the Legal Realists exploded the myth that judges can mechanically apply the law without making value choic...


State Bar & Bar Associations, Law Practice

Paraprofessional program: problems and proposals

Oct. 11, 2021
By Peter M. Walzer

The American Academy of Matrimonial Lawyers adopted a resolution last November opposing the nonlawyer ownership of law firms a...


Securities, Corporate

Andreessen Horowitz recently announced its new $400 million seed fund to serve startup founders at the earliest stages of comp...


Corporate

Merging nonprofit public benefit corporations

MCLE
Oct. 11, 2021
By Curtis Abram

This article discusses the “nuts and bolts” for merging two California nonprofit public benefit corporations. Typical reasons ...


Health Care & Hospital Law, Administrative/Regulatory

The US FDA must lead by example on lead exposure

Oct. 11, 2021
By Vineet Dubey

Last week, the Congressional Subcommittee on Economic and Consumer Policy issued a scathing report.


How legal settlements are taxed often surprises people, including many plaintiffs. Most things are taxed, but there is often f...


Law Practice

Losing your first trial

Oct. 8, 2021
By James D. Crosby

I had worked hard, I was ready to go, fully prepped, and engaged trial mode for the first time in my career. And then lost.


Law Practice, Ethics/Professional Responsibility

Limiting liability for legal malpractice

Oct. 8, 2021
By Shari L. Klevens, Alanna G. Clair

As wide-ranging as the practice of law is, so too is the range of potential legal malpractice claims. But, at their core, many...


Insurance, Construction, Civil Litigation

Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or compone...


Civil Rights, Civil Litigation

Ruling makes ADA visual web-access claims a bit clearer

Oct. 7, 2021
By Katherine S. Catlos

An Americans with Disabilities Act web-access case went to trial and the result rested on a creative and legally accurate jury...


State Bar & Bar Associations, Letters, Law Practice

Bradley Wallace’s Oct. 5 opinion piece, “Could law firms run by VC’s and big corps become reality?” contains inaccuracies that...


Los Angeles District Attorney George Gascón’s focus is not on prosecuting crimes, but on resentencing defendants who were conv...


Technology, Law Practice

There is an ongoing hiring spree to snag up legal engineers. This is a relatively new role in the legal profession. The idea i...


International Law, Intellectual Property, Civil Litigation

Un-conventional?: Email service on foreign trade secret defendants

Oct. 6, 2021
By John R. Lanham, Ken Kuwayti

Enforcing trade secret laws against international misappropriators is becoming more and more important, as trade secrets incre...


Technology, Intellectual Property

Trade secret claims, often an afterthought for some IP litigators and their clients, have come to the forefront of IP litigati...


Intellectual Property, Entertainment & Sports

The Houston Astros’ sign-stealing scandal is well-documented, and its impact on Major League Baseball is just beginning to be ...


Timing can be crucial when it comes to discovery in trade secrets cases. At one end of the spectrum, discovery might be permit...


Letters, Legal Education

Let’s rethink who is responsible for student debt

Oct. 6, 2021
By Daniel L. Casas

In his Sept. 23 column, American Bar Association President Reginald Turner urges Congress to act to relieve the current studen...


Criminal, Constitutional Law, Civil Rights

You’ve been arrested and charged with a crime. You’ve been denied pretrial release, and you don’t have the money for bail. So ...


Government, Civil Litigation, 9th U.S. Circuit Court of Appeals

A disappointing opinion

Oct. 6, 2021
By Timothy D. Reuben

Last month, the 9th U.S. Circuit Court of Appeals reversed Central District Judge David O. Carter’s sweeping mandatory injunct...


Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals

Rulings affirm no coverage for COVID-related business interruption claims

Oct. 6, 2021
By Paul S. White, Siobhán A. Breen

Three recent 9th Circuit rulings held that business income and extra expense losses incurred following business closures order...


State Bar & Bar Associations, Law Practice

In recent years, the decades-long rule barring nonlawyers from having an ownership stake in law firms has been reversed in Ari...


Criminal, Civil Rights

There are many ways to answer the question of whether the drug wars are racist, and all of them are “yes.” In California, spec...