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Government, Criminal, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently issued a ruling that extends the statute of limitations in certain criminal cases potentially for dec...


International Law, Intellectual Property

European trademark law unknowns settled in case against LA winery

May 25, 2021
By Katherine Bond, Jeffrey Sheldon

Two unknowns of European trademark law were just answered in a case involving one of the oldest and largest wineries in Los An...


Criminal

DA is cherry picking science

May 24, 2021
By Kent Scheidegger

Immediately upon taking office last December, Los Angeles District Attorney George Gascón announced several abrupt and controv...


State Bar & Bar Associations, Ethics/Professional Responsibility

More than 10 years ago, the State Bar was warned about Thomas Girardi and failed to take public disciplinary steps.


U.S. Supreme Court, Constitutional Law

Last week, the U.S. Supreme Court agreed to hear the latest legislative effort to dismantle the legal precedents established i...


Bankruptcy

Who rules big-case bankruptcy?

May 24, 2021
By Lynn M. LoPucki

In its fourth decade, big-case bankruptcy judge shopping has taken a nasty turn.


Criminal, California Supreme Court

The recent guilty verdict in the Derek Chauvin trial demonstrates the importance of having a diverse and representative jury. ...


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

9th Circuit rightly upholds California’s retirement backstop

May 21, 2021
By Radha Pathak, John Stokes

Some state governments, including California, have stepped in to fill the gap left by employers who choose not to offer employ...


Technology, Administrative/Regulatory

If the pandemic has taught us anything, it’s that high-speed internet is crucial to our daily lives — and that’s unlikely to c...


California led the nation in consumer privacy when it enacted the California Consumer Privacy Act in 2018, establishing the fi...


Health Care & Hospital Law

Almost a week ago, the Centers for Disease Control and Prevention published a guidance on what vaccinated people can and canno...


Intellectual Property

Navigating whistleblower immunity for trade secret misappropriation

May 21, 2021
By Tom Wallerstein, Antonia I. Stabile

The 2016 Defend Trade Secrets Act grants immunity from trade secret liability to anyone who discloses a trade secret to an att...


Alternative Dispute Resolution

Take 5

May 21, 2021
By Anne M. Lawlor Goyette

Here are five key steps to a productive and successful mediation.


Law Practice, Civil Litigation

California is one of a mere handful of states — along with Arizona, Colorado, Florida and Idaho — that grants a “death discoun...


For today’s senior citizens, relying on a neighbor’s help could be less safe than you’d think, especially in large metropolita...


California taxes are high, and if you are a very high income earner, they could go up. California legislators have proposed ta...


Law Practice

Law offices across the nation are facing an eagerly awaited, though complex, decision: whether, and how soon, to reopen their ...


Real Estate/Development, Bankruptcy

Remember, landlords are sacred cows in bankruptcy

May 20, 2021
By M. Jonathan Hayes

We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money...


Technology, Law Practice

Seems like everyone knows about the seemingly astute advice to never bring a knife to a gunfight. A bit of myth-busting can sh...


Government, Environmental & Energy

In a proposal to reverse a misguided Trump administration policy, the U.S. Environmental Protection Agency is on track to rest...


Technology, Government, Environmental & Energy, Data Privacy

Like prior government efforts, the executive order does not directly impose cybersecurity measures on private companies, but i...


The recent predominance of mediations has obvious benefits and drawbacks to litigants in any civil case. But the impact on vic...


Letters, Judges and Judiciary

Profile left out justice’s most admirable trait

May 19, 2021
By Myron Moskovitz

The Daily Journal’s recent profile of Court of Appeal Justice Jim Richman did not mention his most admirable judicial trait: H...


Criminal, California Supreme Court

2 death penalty rulings, 2 different outcomes

May 19, 2021
By Dmitry Gorin, Alan Eisner

Two recent death penalty appeals highlight the difficult standard criminal defendants face on appeal to demonstrate that the p...


Law Practice, Civil Litigation, Bankruptcy

Are mega attorney fees in mega Chapter 11s unavoidable?

May 18, 2021
By Catherine E. Bauer

The recently reported mega attorney fees in the mega NRA and Boy Scout Chapter 11 bankruptcy cases made me think of the end of...


U.S. Supreme Court, Constitutional Law

What to expect from the Supreme Court

May 18, 2021
By Erwin Chemerinsky

With oral arguments done in the Supreme Court for this term, what is left is waiting for its rulings. The court heard argument...


Land Use, Constitutional Law

Over-reaching regulation squelched

May 18, 2021
By Michael M. Berger

Assume you bought a vacant parcel of land in an area built out with single family homes. Assume further that this is a coastal...


Law Practice, Ethics/Professional Responsibility

Why do pro bono? A matter of attorney ethics

May 18, 2021
By David M. Majchrzak, Heather L. Rosing

There is a persuasive argument not only that all lawyers should make the time for pro bono work, but there is an ethical respo...


Labor/Employment

For nearly a decade, there has been a groundswell of cultural and social movements seeking to rectify racial injustice, largel...


Appellate Practice

On amicus letters

MCLE
May 17, 2021
By Myron Moskovitz

When seeking high court review, get people and institutions affected by the Court of Appeal opinion to tell the Supreme Court ...