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Criminal

Justice achieved in 3-strikes case in Gascón era

Apr. 26, 2021
By Alan Eisner, Dmitry Gorin

In a recent case in the Los Angeles County Superior Court, we achieved a five-year negotiated prison sentence for a defendant ...


Criminal, Constitutional Law

Plain view doctrine: What you see is what you get

MCLE
Apr. 26, 2021
By Gary S. Paer

The object of this article and self-study test is to familiarize readers with the plain view doctrine pertaining to the law of...


Pay attention: Discovery in international arbitration cases

Apr. 26, 2021
By Neil A.F. Popovic, Shin Hahn

Last month, the U.S. Supreme Court granted certiorari in a case to address the scope discovery in international arbitration.


U.S. Supreme Court, Labor/Employment, Entertainment & Sports

NCAA under scrutiny in grant-in-aid cap antitrust litigation

Apr. 26, 2021
By Maurice M. Suh, Daniel L. Weiss

This year, March Madness was more than just a couple of basketball tournaments with Stanford and Baylor cutting down the nets.


Labor/Employment, Civil Litigation, California Courts of Appeal

Punitive damages: hypothetical or hyper-technical?

Apr. 26, 2021
By Barri Friedland, Laura Reathaford

An appellate court recently affirmed a punitive damages award that was largely based on damages that the plaintiffs could not ...


Law Practice, Judges and Judiciary, Ethics/Professional Responsibility

Lawyers must help protect judges

Apr. 23, 2021
By James J. Brosnahan, Dan VanDeMortel

Our duty to uphold the rule of law includes supporting judicial safety.


Legal Education, Law Practice

In conversation with UCLA Law Dean Jennifer Mnookin

Apr. 23, 2021
By William Domnarski

At the helm of UCLA Law School since 2015, Mnookin ticks all the boxes as an academic and legal community leader.


Labor/Employment

With the resumption of post-pandemic life, California families are bringing workers back into their homes.


Tax, Government, Criminal

Stone, a confidant and friend of former President Donald Trump, was pardoned by Trump in 2020 just days before beginning to se...


Alternative Dispute Resolution

Tips to master mediation advocacy, part 3

Apr. 23, 2021
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill

In the last two installations we discussed mindset/attitude and how to prepare for a mediation. In this installment, we will d...


Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

Pandemic-era appellate rulings take on arbitration issues

MCLE
Apr. 22, 2021
By Neville L. Johnson, Douglas L. Johnson

Over the past year, appellate courts in California have been active in deciding arbitration issues. Here are a few of the impo...


U.S. Supreme Court, Technology, Law Practice, Intellectual Property

The rise of the legal API

Apr. 21, 2021
By Lance Eliot

It seems that the relatively obscure and technoid topic of APIs had a moment of fame when the recent Supreme Court ruling was ...


Tax, Law Practice

A recent Tax Court decision may provide some lessons for legal settlements.


Technology, Government, Data Privacy

Sensible regulations should be passed at the federal and state level that preclude use of facial recognition technology. Sensi...


Intellectual Property, 9th U.S. Circuit Court of Appeals

InteliClear and the future of CUTSA’s pre-discovery requirements in federal court

Apr. 21, 2021
By Carolyn Hoecker Luedtke, James R. Salzmann

As California practitioners know, Section 2019.210 of the California Uniform Trade Secrets Act requires that “before commencin...


Intellectual Property

The U.S. Patent and Trademark Office created a process to prioritize examination of trademark applications covering certain CO...


Intellectual Property, 9th U.S. Circuit Court of Appeals

Desire v. Manna Textiles: Assessing impacts on multiple-defendant copyright suits

Apr. 21, 2021
By Blake Cunningham, Kenneth L. Steinthal

Earlier this year, the 9th Circuit altered the statutory damages landscape in cases involving multiple defendants.


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

Ruling clarifies who qualifies as an ERISA fiduciary

Apr. 21, 2021
By Robert J. McKennon


An upcoming U.S. Supreme Court case is highlighting the need to pay greater attention to the justices’ conflicts of interest a...


So much interpretation, nuance, indeed, duende embedded in U.S. Supreme Court opinions regarding constitutional and civil righ...


Law Practice

The board of trustees of the State Bar of California will be reviewing the Annual Discipline Report on Friday. During the meet...


Obituaries, Law Practice

A lawyer’s lawyer

Apr. 20, 2021
By Bill Grewe

Robert ‘Bob’ Bertram Steinberg (1928-2021) tried the first asbestos case west of the Mississippi and established the ‘peculiar...


Icarus’ D-I-Y guide to gliders

Apr. 20, 2021
By Brian M. Hoffstadt

For decades now, the California Legislature has been enacting laws aimed at ending mass incarceration. Let us hope that the Le...


Law Practice, Appellate Practice

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


Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals

No defense duty for criminal restitution claims

Apr. 19, 2021
By Kirk A. Pasich

The 9th Circuit recently issued a decision in a case that involves an unusual situation in which an insurer agreed to defend i...


State Bar & Bar Associations, Law Practice, Immigration, Ethics/Professional Responsibility

The State Bar of California is pushing forward a set of proposals that would license nonattorneys to practice law and further ...


Technology, Law Practice

You undoubtedly know the famous saying is that we must remember the past to ensure a suitable future. Along those lines, a key...


Prop 65 cannabis warnings provide clarity, but with conditions

Apr. 16, 2021
By Peter Duchesneau, Anita Famili Sabine

On March 19, the California Environmental Protection Agency’s Office of Environmental Health Hazard JAssessment, known as OEHH...


Environmental & Energy

Fracking ban bill fails, for now

Apr. 16, 2021
By Jeffrey Dintzer, Jeffrey P. Carlin

On Tuesday, Senate Bill 467 failed by one vote to advance out of the Senate Committee on Natural Resources and Water.


Military Law, Law Practice

How California attorneys can help our veterans

Apr. 16, 2021
By Katie Binkley, Caitlin Emmons

The veteran community has unique needs as a client base which differ from civilian clientele. Consider some examples: A vetera...