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Construction, Civil Litigation, California Courts of Appeal

A recent appellate ruling clarifies that product manufacturers can escape liability simply because their defective products ar...


In the early days of the coronavirus pandemic, California took swift action to protect workers and the public.


Real Estate/Development, Government, Covid Columns


Government, Criminal

Gascón lacks authority to end cash bail

Dec. 22, 2020
By Jeffrey J. Clayton

Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...


County prosecutors are embracing the obsoletion of misdemeanors as a remedy for an overburdened criminal justice system, relyi...


Government, Constitutional Law

The U.S. Constitution, Article II, Section 2, gives the president the power “to grant Reprieves and Pardons for offenses again...


Technology, Law Practice

Heated debate continues relentlessly regarding the U.S. Constitution and the meaning of this venerated document. One innovativ...


Judges and Judiciary, Government

One cheer for the courts that held the line in 2020

Dec. 22, 2020
By Robert L. Bastian Jr.

A Trump-appointed jurist said it most resonantly. Rejecting one of the 60 or so Republican lawsuits challenging the 2020 presi...


Government, Corporate, Antitrust & Trade Reg.

The cases against Facebook

Dec. 21, 2020
By David W. Kesselman, Amy T. Brantly

The recent antitrust cases against the social media giant signal new approach to antitrust enforcement


U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory

What's the right remedy for a constitutional structural wrong?

Dec. 21, 2020
By Anne Voigts, Michael D. Roth

The U.S. Supreme Court left open one key question in its recent Seila Law decision: whether past actions taken by the CFPB und...


Law Practice, Intellectual Property

Can businesses use third-party trademarks on their websites?

MCLE
Dec. 21, 2020
By Josh Eichenstein

As the internet ever-increasingly becomes the default medium for advertising and commerce, businesses are pushing the boundari...


Labor/Employment

Employers: Navigating changes to the California Family Rights Act

Dec. 21, 2020
By Wendy M. Lazerson, Galit A. Knotz

Important but little noticed changes to the California Family Rights Act become effective Jan. 1, and employers must be up to ...


Law Practice, Appellate Practice

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


Education Law

This article compares Title IX investigations in recent cases at both universities and discuss the lessons learned.


Tax, Real Estate/Development

With the end of the year nearing, investors must quickly yet carefully consider last minute tax planning strategies.


Securities, Government, Administrative/Regulatory

The SEC’s successful enforcement year

Dec. 18, 2020
By Nicolas Morgan, Thomas A. Zaccaro

In 2020, the Securities and Exchange Commission’s Enforcement Division achieved what Director Stephanie Avakian described as “...


Law Practice, Judges and Judiciary

Time to end disability stigmas in judicial opinions

Dec. 18, 2020
By Thomas F. Coleman

A well-reasoned appellate opinion came to my attention the other day. Its conclusion upheld the social decision-making rights ...


Education Law, Civil Rights

Developments related to sexual misconduct on college campuses

MCLE
Dec. 18, 2020
By Robyn C. Crowther, Brenda Star Adams

Constant changes at the state and federal levels promise further evolution of this area of law in the coming years.


Law Practice, Judges and Judiciary, Criminal

The future of trial-borne justice

Dec. 17, 2020
By Eric Schweitzer

The time is now for us to demand and to expect real solutions that blend adaptation where it fits with preservation of core ri...


Education Law, Constitutional Law

Here are four significant areas of First Amendment law in which courts will likely set new precedent in the new year.


Law Practice, Civil Litigation

A first-person account of a jury trial during COVID-19

Dec. 17, 2020
By Matthew A. Goodin, William O. Stein

We never thought being an attorney was a hazardous job. Maybe back pain from sitting too much and a couple paper cuts were to ...


Technology, Law Practice

There is a rising concern that advances in artificial intelligence are tending toward the possibility of using AI-based comput...


Family, Bankruptcy

COVID-19 divorce and marital property agreements

Dec. 17, 2020
By James P. Menton Jr.

Coronavirus divorces are expected to increase as are bankruptcy filings.


Technology, Administrative/Regulatory

It is dubious that the CCPA will actually benefit California consumers by requiring the anti-spoofing technology six months ea...


Environmental & Energy

The future of California’s Clean Air Act waiver

Dec. 16, 2020
By Davina Pujari, Melissa M. Malstrom

California’s authority to set more stringent air pollution standards than the federal government under the Clean Air Act is li...


Judges and Judiciary, Family

Guardianships, the least restrictive alternative?

MCLE
Dec. 16, 2020
By Scott J. Nord

The premise of this inquiry lies in the relative ease in obtaining a guardianship, and the more difficult basis to terminate a...


The white collar division of the Los Angeles district attorney’s office has the potential to be a world-class office with the ...


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

9th Circuit should unseal video of historic Prop 8 trial

Dec. 15, 2020
By Shannon Jankowski, Caitlin Vogus

Footage will provide a far richer and more accurate understanding of the legal issues and evidence presented during the trial ...


Government, Constitutional Law

Lessons from the 2020 election

Dec. 15, 2020
By Erwin Chemerinsky

Democracies are fragile and ours will survive only if our leaders of both parties stand up for it.


Criminal, Constitutional Law

Due Process Protections Act: An opportunity to fulfill Brady's promise

Dec. 15, 2020
By Alyssa D. Bell, Michael Schafler

Why, you might ask, has Congress taken the extraordinary step of passing a law to “remind” federal prosecutors of constitution...