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Government, Constitutional Law

On Oct. 13, the Supreme Court denied the plaintiffs’ petition for certiorari in a case accusing the president of violating the...


There’s a sound physiological reason that teens on average are less prudent than adults. The prefrontal cortex governing behav...


Real Estate/Development, Banking

SB 1079 is a set back for both lenders and borrowers

MCLE
Oct. 19, 2020
By Robert S. McWhorter, Jarrett Osborne-Revis

This bill makes nonjudicial foreclosures slower, more expensive, and a less appealing remedy against defaulting trustors-debto...


Civil Litigation, California Supreme Court

The risk of absolute product liability

Oct. 16, 2020
By Glenn Lammi

The California Supreme Court will soon decide whether to review Johnson v. Monsanto, a product-liability case that spawned ten...


Government, Data Privacy

Prop 24 would help revitalize California’s economy

Oct. 16, 2020
By Dominique Shelton Leipzig, David Biderman

Proposition 24, the California Privacy Rights Act, offers a potential solution to the EU’s call for action after invalidating ...


Administrative/Regulatory

On Jan. 3, California regulators listed delta-9-tetrahydrocannabinol, more commonly known as THC, as a Proposition 65 chemical...


Law Practice, Ethics/Professional Responsibility, Covid Columns

Fulfilling ethical obligations practicing during a pandemic

Oct. 16, 2020
By Brian Slome, Jessica Beckwith

Lawyers continue to work full time while serving as teachers, housekeepers, chefs and caregivers. As a result, lawyers must fi...


Technology, Law Practice

Existing exhortations about allowing nonlawyers to practice law has created alternative visions about a possible two-tiered ap...


Law Practice

A trial lawyer’s tool box

Oct. 16, 2020
By Michael P. Masuda

Just like a carpenter, trial lawyers must have specialized tools ready to tackle unexpected situations.


Law Practice, Ethics/Professional Responsibility

A recent ethics opinion by the American Bar Association examines intimate relationships, friendships and acquaintances with op...


Judges and Judiciary, Covid Columns, California Supreme Court

On March 13, President Donald Trump declared a state of emergency due to the COVID-19 pandemic. Since that time, the Californi...


Civil Rights, California Supreme Court

“It’s not my victory, it’s yours and yours and yours,” Harvey Milk said after winning a seat on the San Francisco Board of Sup...


State Bar & Bar Associations, Legal Education

Ground-breaking research, published this week, reports that the high minimum passing score (“cut score”) on the California bar...


Intellectual Property, Entertainment & Sports, Civil Litigation, California Supreme Court, 9th U.S. Circuit Court of Appeals

Supreme Court sings swan song to Led Zeppelin suit

Oct. 15, 2020
By Bill Hochberg, Todd W. Bonder

After a silly season of song suits, we may be returning to the tradition of standing on giants’ shoulders, borrowing words or ...


McAfee’s circumstances may not appear to offer much guidance to the vast majority of taxpayers out there, big and small. But a...


Criminal

Proposition 25: Noble intentions, but not the answer

Oct. 15, 2020
By Louis J. Shapiro

Senate Bill 10, a law passed in 2018, aims to prevent those who cannot afford nominal bail from remaining incarcerated during ...


U.S. Supreme Court, Civil Litigation

On Tuesday, the U.S. Supreme Court denied certiorari in what could have been a pivotal case about whether anti-SLAPP belongs i...


Intellectual Property, Civil Litigation

Critics of a recent decision have questioned the basis for concluding that the joinder and institution are “separate” decision...


Government, Constitutional Law

Moving beyond the 2-party presidential debate

Oct. 14, 2020
By Kris Whitten

When we cast our vote for president this time around, the best many of us will be able to do is hold our nose and breath, and ...


Labor/Employment

The ever-changing saga of the joint-employer doctrine

MCLE
Oct. 14, 2020
By Mellissa A. Schafer

The U.S. Department of Labor recently updated its interpretation of the joint-employer rule under the Fair Labor Standards Act...


Intellectual Property, Civil Litigation

Patent litigation surges in the Western District of Texas

Oct. 14, 2020
By J. Jonas Anderson, Paul Gugliuzza

Practically all of the patent cases in the Western District of Texas are on Judge Albright’s docket. As the figure below shows...


Tax, Real Estate/Development

On Nov. 3, California's electorate will vote on Proposition 19, a constitutional amendment that would substantially restrict p...


Civil Litigation

Misguided decision could upend class action practice

Oct. 13, 2020
By Adam J. Zapala, James G.B. Dallal

A federal appellate court found that class representative incentive awards — the common practice of permitting a court-supervi...


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

The court recently wrestled with in rem jurisdiction issues in a civil forfeiture case, and the law remains far from clear.


U.S. Supreme Court, Constitutional Law

What difference will Amy Coney Barrett make?

Oct. 13, 2020
By Erwin Chemerinsky

Judge Amy Coney Barrett is 48 years old. If she is confirmed to the U.S. Supreme Court and remains on the court until she is 8...


U.S. Supreme Court, Labor/Employment

Last week the U.S. Supreme Court heard oral argument in a case examining whether the Employee Retirement Income Security Act p...


Law Practice, International Law, Ethics/Professional Responsibility, Civil Rights

For nearly two weeks now, 7,000 miles away from California, the native Christian-Armenian people of the Republics of Artsakh a...


Civil Litigation

While Prop. 65 cases normally settle early, numerous defenses do exist.


U.S. Supreme Court, Immigration

On Oct. 2, the Supreme Court granted certiorari in Barr v. Dai, a case that will decisively uphold or strip asylum applicants ...


U.S. Supreme Court, Government, Constitutional Law

Supreme Court to hear important Voting Rights Act case

Oct. 12, 2020
By Christopher M. Kieser

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases involving Arizona’s prohibition of so-called “ballot...