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Technology, Law Practice, Alternative Dispute Resolution

Virtual arbitrations provide litigants solutions

May 28, 2021
By Robert B. Milligan, Meghan M. McBerry

As the legal industry adapts to society’s increasing dependence on technology, proceedings previously conducted in person have...


Law Practice, Ethics/Professional Responsibility

Social media use can be a Catch-22 for attorneys

May 28, 2021
By Arash Homampour

Whether for personal interactions or for political and commercial purposes, everyone these days seems to be on Facebook, Twitt...


U.S. Supreme Court, Constitutional Law

A unanimous Supreme Court held that if the cops want to get inside your house and take your guns, they’re going to need a warr...


U.S. Supreme Court, Civil Litigation, Alternative Dispute Resolution

Case to resolve split on stateside discovery for foreign arbitration

May 28, 2021
By Gary A. Watt, Patrick Burns

Under 28 U.S.C. Section 1782(a), a federal district court can order a resident of its district to testify or produce documents...


Law Practice, Judges and Judiciary

Notwithstanding the dangers of celebrity-legislating, the attention to conservatorships created by the Britney Spears case has...


Labor/Employment

As California is aiming to scrap the color-coded tier system that has restricted the operations of businesses by June 15, Gov....


Immigration

Last November, I was supposed to go home. I had served 17 years in prison for a crime I committed at age 20. I was granted cle...


Criminal, California Courts of Appeal, Appellate Practice

Criminal appeals languish in 3rd District

May 27, 2021
By Jon B. Eisenberg

Of 400 or so 3rd District decisions in cases since 2018 that have languished between two and eight years, some 250 are in crim...


Immigration, Civil Rights, California Supreme Court

Anti-Asian discrimination in California, circa 1852

May 27, 2021
By John S. Caragozian

The current wave of anti-Asian prejudice has long-standing antecedents in California. As but one early example, the state repe...


Criminal

Emerging social science can inform pretrial release decisions

May 26, 2021
By Rita F. Lin, Christine Van Aken

A recent explosion of social science research documents the collateral consequences of pretrial incarceration, such as the los...


Government, Constitutional Law

Proposed ghost guns rule would leave room for state regulation

May 26, 2021
By Scott A. Edelman, Jillian N. London

On May 7, the Justice Department released a proposed rule that adds teeth to President Joe Biden’s promise to crack down on “g...


Appellate Practice

Federal Rule of Appellate Procedure 5 has an unusual gap.


Environmental & Energy

Biden administration renews focus on federal PFAS regulation

May 26, 2021
By Meghan Quinn, Madeline Weissman

Until recently, individual states led the initial push to comprehensively regulate per- and polyfluoroalkyl substances.


Technology, Law Practice

Good attorneys know that they must stridently attempt to anticipate the legal posturing that their opposition will seek to dep...


Technology, Securities, Corporate

The ABC’s of AI for boards

May 26, 2021
By Sara L. Terheggen

Artificial intelligence has been making its debut for some time now partially because the term means so many things to so many...


Constitutional Law, Civil Litigation

The reason for the startling default judgment against the Endo defendants in a recent case was founded in a fraud on the court...


Military Law, Criminal

Sexual assault: The law versus accountability

May 25, 2021
By William Slomanson

The time has come to revisit the Feres problem of whether intra-military sexual assault qualifies as an “activity incident to ...


U.S. Supreme Court, Environmental & Energy

Ruling may give oil companies upper hand in climate change cases

May 25, 2021
By Darrin D. Gambelin, Monica Browner

A recent Supreme Court ruling may give oil companies an advantage when it comes to removing climate change lawsuits to federal...


Judges and Judiciary, Civil Litigation

Dear BigLaw Litigation Partners,

May 25, 2021
By Sunil R. Kulkarni

Not so long ago, I was one of you. Trust me when I say that I generally understand the various pressures you face. But I now h...


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...