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Law Practice

How the post-pandemic California legal community moves on

Apr. 1, 2021
By Richard H. Lee, Tyler Sanchez

While the pandemic forced the legal industry out of its self-imposed doldrums, it is neither realistic nor desirable that all ...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

On March 24, the 9th Circuit sitting en banc affirmed the district court’s dismissal of a Second Amendment lawsuit challenging...


Criminal, California Supreme Court

Liberty is the norm

Apr. 1, 2021
By Dmitry Gorin, Alan Eisner

A recent California Supreme Court ruling provides defense bar with powerful argument for pretrial release


Labor/Employment

Hero pay makes its way across the state of California

Apr. 1, 2021
By Charles Thompson, Bryce Farrington

On March 19, San Francisco Mayor London Breed signed the “COVID-Related Hazard Pay Ordinance.” The ordinance became effective ...


Ethics/Professional Responsibility

Stemming discrimination, harassment and retaliation in the legal profession

Apr. 1, 2021
By Carolina Bravo-Karimi, Jenny Solano

If ever there was any doubt, the summer of 2020 proved that covert and overt racism, xenophobia, homophobia, transphobia and w...


California Courts of Appeal, Appellate Practice

A distinguished appellate lawyer recently filed an unusual disciplinary complaint against three justices of the 3rd District C...


Law Practice, Civil Litigation

Uncharted territory: post-trial fee-shifting motions

Mar. 31, 2021
By John D. O’Connor

Modern American litigation now features an increasing number of cases in which a prevailing party may by post-trial motion rec...


Tax

Navigating lemon law and consumer settlement tax issues

Mar. 31, 2021
By Robert W. Wood, Ira Rheingold

Should successful plaintiffs pay taxes on legal fees they never receive? It sounds like a silly question, especially in consum...


Government, Administrative/Regulatory

COVID relief will spur False Claims Act enforcement

Mar. 31, 2021
By Jim Zelenay Jr., Nick Hanna

2020, the year of the COVID-19 pandemic, saw an unprecedented number of new FCA cases filed -- over 900.


Labor/Employment

As part of his administration’s efforts to mitigate the ongoing COVID-19 health crisis, President Joe Biden issued an executiv...


Tax, Labor/Employment

The COVID-19 pandemic has been especially tough on the restaurant industry — as of Dec. 1, 2020, more than 110,000 bars and re...


Securities, Corporate

Amidst all of this, investors plowed capital into funds focused on environmental, social and/or governance, aka ESG, factors, ...


Criminal

Abolish the peremptory challenge?

Mar. 30, 2021
By Myron Moskovitz

A recent piece in this august newspaper proposed abolishing the peremptory challenge to prospective jurors.


U.S. Supreme Court, Constitutional Law

Regulatory revelation

Mar. 29, 2021
By Michael M. Berger

Ninety-nine years ago, Justice Oliver Wendell Holmes, Jr. wrote for a near-unanimous Supreme Court that when government regula...


Data Privacy, Administrative/Regulatory

New agency poised to clarify California privacy law

Mar. 29, 2021
By Lindsey Tonsager

Appointments to the board that will lead the California Privacy Protection Agency include five individuals with deep backgroun...


Labor/Employment

SB 973: California’s new requirement to report employee pay data

Mar. 29, 2021
By Emily Burkhardt Vicente, Christy E. Kiely

Wednesday is the deadline for certain California employers to submit their annual report on pay, hours worked, and demographic...


Tax, International Law

Considerations for making charitable gifts abroad

Mar. 29, 2021
By Helen S. Cheng, Steven J. Chidester

Before gifting to foreign charities (through checks, credit cards or Venmo), consider that charitable giving outside this coun...


Intellectual Property, Alternative Dispute Resolution

Trade Secrets: Is litigating infringement worth it? What can be done instead?

Mar. 29, 2021
By Daniel B. Garrie, Gail A. Andler

Court records are generally available to the public. That is, everything discussed in the case can be accessed and inspected b...


Government, Criminal

Bonta-fide justice

Mar. 26, 2021
By Allison Zuvela

From a short list of highly qualified candidates, Gov. Gavin Newsom continues to reshape the political leadership of the state...


Criminal

After three decades in practice, I have seen too many mentally ill and legally incompetent individuals languish in jails, whic...


Health Care & Hospital Law

For many of the planet’s 7.8 billion inhabitants, there will never be a world without COVID-19.


Constitutional Law, Civil Litigation

A dissent in a recent D.C. Circuit case challenges the continuing legitimacy of the infamous New York Times v. Sullivan Ruling.


Law Practice

Gambling ships in Santa Monica Bay

Mar. 26, 2021
By John S. Caragozian

On August 1, 1939, 250 state and local law enforcement officers, on a hodge-podge of boats, raided four gambling ships anchore...


Law Practice, Law Office Management

The experience of managing a law firm during the 12-plus months since California Gov. Gavin Newsom issued his March 19, 2020, ...


A common mental trap entails thinking of the law and the practice of law in somewhat singular aspects as though crucial elemen...


Civil Rights

Women’s History Month: Equality still in progress

Mar. 25, 2021
By Emilio Varanini, Ona Alston Dosunmu

From women’s rights champion Susan B. Anthony to historic athletes such as tennis great Serena Williams, the course of human h...


Civil Litigation, Alternative Dispute Resolution

Appealing orders on arbitration in federal court

MCLE
Mar. 25, 2021
By Gary A. Watt, Patrick Burns

Can a federal court order deciding whether to compel arbitration be appealed? It depends.


U.S. Supreme Court, Constitutional Law

The Supreme Court heard arguments on Monday in a case that will decide whether allowing union organizers to enter an employer’...


Government, Antitrust & Trade Reg.

Biden’s FTC nomination signals crackdown on Big Tech

Mar. 24, 2021
By Jeremy K. Robinson

The selection of antitrust scholar Lina Khan to join the Federal Trade Commission is the latest shot across the bow for the te...


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

The 9th Circuit has asked the California Supreme Court to address whether our Labor Code displaces the McDonnell Douglas burde...