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Tax, Law Practice

When you receive a loan, is the money taxable? Of course not, because you must pay back the money. Can lawyers borrow, too, ju...


Labor/Employment, Civil Litigation

Prop 22 ruling adds uncertainty to sizeable industry

Aug. 31, 2021
By Jason D. Russell, Karen L. Corman

In a surprise decision with potentially far-reaching consequences for ride sharing companies and other companies that utilize ...


California Supreme Court

When litigating an appeal from an injunction, here are some key questions to consider at the outset: Is the order imposing the...


Constitutional Law

Facebook and other tech giants believe they can choose which speech to allow and which to ban because they are private compani...


Military Law

The Men’s Liberation Movement

Aug. 31, 2021
By Eileen C. Moore

I truly appreciate and definitely benefited from the Women’s Liberation Movement. Nonetheless, despite my very strong belief i...


Law Practice

In-person trials: ready... set... never mind

Aug. 31, 2021
By Paul R. Kiesel

On July 8, I found myself returning for my first in-person court appearance.


Legal Education

Law students return amid good news and challenges

Aug. 30, 2021
By Robert A. Schapiro

As law students return to class this fall, they arrive amid several positive signs for legal education. Most obviously, stude...


Criminal

Injustice in the juvenile 'justice' system

Aug. 30, 2021
By Kathleen Cady

Gascón’s juvenile justice policy ignored individualized facts, like the sophistication or heinousness of the crime.


"Be the Jury" pilot program can help diversify juries.


Litigation & Arbitration

Arbitration Insights: Landing the game-changing witness

MCLE
Aug. 30, 2021
By Fred Bennett

Sometimes the legal gods smile on you. Your earth-scouring investigation of the facts surrounding an arbitration dispute yield...


Law Practice

It is dangerous to hide the ball from the opposing party; and doubly dangerous to hide the ball from the court.


Intellectual Property

Submarine patents and the scope of the doctrine of 'Prosecution Laches'

Aug. 26, 2021
By Daniel N. Yannuzzi, Patrick McGill

Echoes of the Great GATT Bubble of 1995: What is the Scope of the Doctrine of “Prosecution Laches?


Constitutional Law

Lawsuits could be a reckoning for the gun industry

Aug. 26, 2021
By Arash Homampour

As a result of recent legal developments, the gun industry, which has weathered lawsuits and legislative efforts to clip its w...


9th U.S. Circuit Court of Appeals

9th Circuit ruling gives defendants breathing room to challenge personal jurisdiction over putative class members at class cer...


Government

The $1.2 trillion infrastructure bill includes $65 billion to improve broadband infrastructure, middle mile infrastructure and...


Real Estate/Development

A smorgasbord of rental takings cases

Aug. 25, 2021
By Michael M. Berger

We are now facing a veritable smorgasbord of lawsuits challenging eviction moratoria


Labor/Employment

On Friday, Alameda Superior Court Judge Frank Roesch declared Prop 22 unconstitutional on two separate grounds and ruled that ...


Health Care & Hospital Law

One silver lining has emerged from this pandemic: Never, perhaps, has it been so clear how much we owe the physicians in our c...


Family

Training programs, like a mandatory training on limited conservatorships conducted last week by the Los Angeles County Bar Ass...


Family

When is a move-away a move-away?

MCLE
Aug. 23, 2021
By Scott J. Nord

In family law, when one parent wishes to relocate with the minor child to a geographically different location, it is commonly ...


U.S. Supreme Court, Education Law, Constitutional Law

A recent Supreme Court decision raises an important question: What does it mean to bring something onto a school campus, or an...


Law Practice, Ethics/Professional Responsibility

The practice of law is exhilarating and exhausting. It is both a marathon and a sprint. But one thing is clear: Effective lawy...


California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals

Appellate cases to watch this fall

Aug. 23, 2021
By M.C. Sungaila, Lauren Jacobs

In this article, we highlight pending 9th U.S. Circuit Court of Appeals and California Supreme Court civil cases that should b...


Insurance, Civil Litigation

A recent case from the 5th U.S. Circuit Court of Appeals breaks new ground on the question of whether a commercial general lia...


Civil Litigation, California Courts of Appeal

Ruling clarifies precedent on expert reliance on hearsay

Aug. 23, 2021
By Timothy D. Reuben, Stephanie I. Blum

What exactly can an expert rely on for his or her opinion to be admissible? This debate has been raging since the California S...


Law Practice, Labor/Employment

Will women attorneys join the ‘Great Resignation’?

Aug. 23, 2021
By Sonya D. Goodwin

The large firms and small boutiques who sent their workers home in the early days of the pandemic are watching with wary eyes ...


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

The ‘don’ts’ of drafting employment arbitration agreements

Aug. 20, 2021
By Arthur F. Silbergeld, Kacey R. Riccomini

A recent 9th Circuit ruling provides guidance on how to draft agreements that are neither procedurally nor substantively uncon...


Trial judges and counsel in final argument are well advised, after thanking the jurors for their service, to remind them of th...


Law Practice, Entertainment & Sports

The longtime professor at the UCLA and Stanford Law Schools, and now at Santa Clara, does professionally what most of us do fo...


Former Acting Attorney General Jeff Rosen has testified before members of the Senate Judiciary Committee on former Donald Trum...