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Securities, Administrative/Regulatory

Are cryptocurrencies the kryptonite of the SEC?

Sep. 27, 2021
By Benny Osorio


Technology, Law Practice

Our justice system is finally warming up to tech

Sep. 27, 2021
By Paul R. Kiesel, Stephanie M. Taft

The day has finally arrived where remote technology may find a permanent place in our judicial system. Last week, as part of a...


Torts/Personal Injury, Law Practice

If a tree falls in the woods, is there sovereign immunity?

MCLE
Sep. 27, 2021
By Crawford Appleby

Gary is riding his bike along a road next to the woods when a tree branch suddenly falls and injures him. It turns out that th...


Tax

California tax disputes are worse than IRS

Sep. 27, 2021
By Robert W. Wood

Here’s why.


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

ABC Test is alive and well in the 9th Circuit

Sep. 24, 2021
By Ronald L. Zambrano

This week, a three-judge panel of the 9th Circuit ruled in favor of a Grubhub driver who had originally sued the company in 20...


Health Care & Hospital Law, Family, Constitutional Law

Vaccines and parental choice

MCLE
Sep. 24, 2021
By Scott J. Nord

The national debate over vaccines for adults and minors is not a novel debate for the law. Court decisions on regulations rega...


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

The 9th Circuit ruled last week that Assembly Bill 51, California’s prohibition against mandatory arbitration clauses in emplo...


A recent appellate opinion should give family law attorneys pause when considering whether to prepare premarital agreements. I...


Labor/Employment

Employers’ risks raising warehouser quotas

Sep. 24, 2021
By Arthur F. Silbergeld

Assembly Bill 701, passed by the Legislature and signed by Gov. Gavin Newsom on Wednesday, affects warehousing distribution an...


Civil Litigation, Bankruptcy

Purdue portends a change of bankruptcy venue laws

Sep. 23, 2021
By Brian Davidoff

After agreeing to settle some 2,600 separate lawsuits over the company’s involvement in fostering the nation’s opioid crisis, ...


Construction, Civil Litigation, California Supreme Court

The California Supreme Court recently rejected what it characterized as a “broad third exception” to the long-standing Privett...


Banking, Administrative/Regulatory

CFPB issues proposed rule on data collection for small business lenders

Sep. 23, 2021
By Nancy R. Thomas, Jeremy R. Mandell

On Sept. 1, the Consumer Financial Protection Bureau issued its long-awaited small business lending data collection proposed r...


State Bar & Bar Associations, Legal Education

Congress must act to relieve student debt burden

Sep. 23, 2021
By Reginald Turner

The burden of overwhelming debt is hurting many new graduates — including lawyers — and that affects the American economy. You...


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

The case reinforces existing law that imposes upon ERISA plan fiduciaries, such a plan sponsors and plan administrators, poten...


Contracts

Tips for effective indemnification provisions in commercial contracts

Sep. 22, 2021
By Asim Bhansali, Scott Taylor

Discover some effective terms for seeking and obtaining indemnification that protect both parties and reduce the likelihood of...


Technology, Law Practice, 9th U.S. Circuit Court of Appeals

A recent court case focused on the meaning of the word “typically” and the word “normally” as a crucial underpinning of a lega...


Technology, Law Practice

In-person trial gone remote: the jury responds

Sep. 22, 2021
By Paul R. Kiesel

With the court’s permission, I am sharing some of the direct feedback we received so you can read what the jury’s attitude is,...


Labor/Employment

Arbitration agreements with employees are created to ensure that employment disputes are resolved outside of court. So it’s ir...


Labor/Employment, Civil Litigation, California Courts of Appeal

Rethinking the joint-employer standard

Sep. 22, 2021
By Stephen L. Raucher

What does it take to be considered a joint employer? Does it require direct control? Is the ability to dictate wages, even if ...


Constitutional Law

Journey to the Center of the Fourth (Amendment)

Sep. 21, 2021
By Brian M. Hoffstadt

But just as mantle and core underlie the earth’s crust, there is much more going on beneath the surface of the U.S. Supreme Co...


Letters, Law Practice

The Daily Journal’s recent Top 100 list includes only one government lawyer -- the governor’s appointments secretary, who does...


Government, Constitutional Law, Civil Rights

The U. S. Supreme Court’s refusal to stay implementation of Texas’ fetal heartbeat abortion law has generated a lot of comment...


Labor/Employment

The newly constituted National Labor Relations Board, which is now at full capacity with two new Biden appointees, along with ...


We assume that we have “equal protection under the law” but this is not true. We assume that the California Legislature will p...


Law Practice, Alternative Dispute Resolution

When people think of bias, they tend to associate it with unfairness and injustice. While unchecked biases can and do often ha...


Real Estate/Development, Government

Now that CDC’s federal eviction protection is no more: What’s next?

Sep. 20, 2021
By Geoffrey Stover, Andrew Huang

On Aug 3, the Centers for Disease Control and Prevention issued a nationwide residential eviction moratorium continuing the ba...


Law Practice, Appellate Practice

Judicial Notice

MCLE
Sep. 20, 2021
By David M. Axelrad

Although subject to a number of rules and qualifications, judicial notice is often the easiest way for a trial or appellate co...


California Supreme Court, California Courts of Appeal, Appellate Practice

‘PETITION DENIED’

Sep. 20, 2021
By Myron Moskovitz

The first time I saw that response to a petition for writ of mandate I’d filed in an appellate court, I did not take it well. ...


Civil Litigation, Appellate Practice

Is that injunction prohibitory or mandatory?

Sep. 20, 2021
By Charles M. Kagay

An injunction can be prohibitory or mandatory, and the distinction matters. But creative lawyers may attempt to obfuscate an i...


Family, California Courts of Appeal

Determining the amount of support in a marital dissolution action is relatively simple and straightforward when the parties ha...