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Labor/Employment, Government

What Joe Biden’s vow to be the most pro-union president means

May 6, 2021
By Lori Armstrong Halber, Kirsten B. White

Unions have a champion in President Joe Biden, and all employers — whether currently unionized or not — need to be prepared. T...


Technology, Law Practice

There is a lot of discussion about AI for Good, along with qualms about AI for Bad. The Bad AI is likely to become the subject...


Law Practice, California Supreme Court

John Fremont and Mexican land grands in California

May 6, 2021
By Donald E. Warner

The Treaty of Guadalupe Hidalgo ending the Mexican-American War was entered into by Mexico and the United States on Feb. 2, 19...


The three guilty verdicts handed down in Derek Chauvin’s case last month were a uniquely American rarity; a glimmer of justice...


Government

Infrastructure: Where we’re going and how we plan to get there

May 6, 2021
By Elizabeth Dubeck, Denise Raytis

On March 31, the Biden administration released its American Jobs Plan, an ambitious conceptual proposal around which implement...


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

Ruling sets up worker classification test for high court review

May 5, 2021
By Joshua Lipshutz, Thomas F. Cochrane

Truckers have been described as America’s last cowboys. For more than 70 years, independent owner-operators have moved the nat...


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

On April 28, the wheels came off the California trucking industry’s big rig. An appellate panel of the 9th U.S. Circuit Court ...


Civil Rights

Three California civil rights enforcement agencies are effectively missing in action when it comes to protecting people with d...


Construction

Most construction attorneys know that “pay-when-paid” contractual provisions are enforceable but that “pay-if-paid” contractua...


U.S. Supreme Court, Constitutional Law

In Caniglia v. Strom, 20-157, the U.S. Supreme Court granted certiorari to decide whether there is a “community caretaker” exc...


Criminal, Constitutional Law

Take qualified immunity out of the equation

May 4, 2021
By Sanford Jay Rosen

It is time to take “qualified immunity” out of the police and government accountability equation. It is a judicial construct t...


Civil Litigation

In a 2020 revenge porn lawsuit by former congresswoman Katie Hill, Hill alleged that her privacy was violated when her ex-husb...


Criminal

Court upholds Terry stop and frisk, prompting strong dissent

May 4, 2021
By Dmitry Gorin, Alan Eisner

Flores is a disappointing result for the defense bar, who might have reasonably concluded that a suspect who simply ducks and ...


Intellectual Property

Many are surprised to learn that a scent can be a trademark.


Torts/Personal Injury, Civil Litigation

When the California Supreme Court took up Brown v. USA Taekwondo, these organizations hoped for a judicial victory limiting th...


The subtleties of both implicit and explicit biases are not limited to our streets and neighborhoods, boardrooms or courthouse...


Law Practice, Judges and Judiciary, California Courts of Appeal

Revelations II

May 3, 2021
By Arthur Gilbert

The intriguing title of my February column “Revelations” was an intimate look (not exposé) on how appellate opinions are “proc...


Law Practice, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


Law Practice, Appellate Practice

Once upon a time, the State Bar of California not only licensed, regulated and disciplined lawyers, but also formed committees...


Alternative Dispute Resolution

Tips to master mediation advocacy, part 4

Apr. 30, 2021
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill

We previously discussed mindset, preparation, joint sessions and mediation statements. In this piece, we will discuss the rela...


State Bar & Bar Associations, Legal Education, Law Practice, Ethics/Professional Responsibility

Does consumer debt correlate to moral character?

Apr. 30, 2021
By Jessica Williams

Most state bars incorrectly think so.


Entertainment & Sports

In the first quarter of 2021, artists like 3LAU, Kings of Leon, and Grimes sold non-fungible tokens and earned seven and eight...


U.S. Supreme Court, Constitutional Law

Supreme Court has the opportunity to bolster free speech

Apr. 30, 2021
By Jeremy B. Talcott, Jim Manley

On Monday, the U.S. Supreme Court heard argument in a case asking whether you have the right to privacy when you make charitab...


Law Practice, Judges and Judiciary, California Courts of Appeal

Law Day 2021: A celebration of the law and lawyers

Apr. 30, 2021
By Manuel A. Ramirez

As presiding justice of the 4th District Court of Appeal, Division 2, in Riverside, I come into contact with the men and women...


Law Practice, Bankruptcy

Open Courts Act of 2020: the impact on bankruptcy and beyond

Apr. 30, 2021
By Jeph Ledda, Elissa D. Miller

In an effort to create open and free access to electronic federal court records, the Open Courts Act of 2020 was introduced an...


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

State-licensed marijuana businesses have high IRS audit rates and face big challenges to minimize their federal tax burden. On...


Employer’s bid for arbitration denied based on unauthenticated e-signature

Apr. 29, 2021
By Patrick J. Wingfield, Abraham M. Andrade

A recent appellate decision provides us with important guidance on how courts will weigh evidence and determine the credibilit...


Labor/Employment

The governor has stated that California will reopen almost all sectors by June 15. This has employers working overtime to figu...


Military Law, Immigration

Thanks for your service... now get out of my country

Apr. 29, 2021
By Eileen C. Moore

At a symposium on deported veterans one of “the foremost authority on military veterans facing deportation” said that recruite...


Probate, Alternative Dispute Resolution

Ruling says courts can order trust and probate cases to mediation

Apr. 29, 2021
By Glen M. Reiser, Mark Lester

California Probate Code Section 17206 provides broad discretion to the probate court to “make any orders and take any other ac...