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Banking

The ‘true lender’ rule and the battle over the bank partnership model

Oct. 12, 2020
By Salwa Kamal, Alexander Gershen

The Office of the Comptroller of the Currency recently issued a proposed rule clarifying when a national bank is the ”true len...


Real Estate/Development

November ballots in California will feature Prop. 15, which seeks to change California law to tax most commercial properties b...


Education Law, Civil Rights

Proposition 16 will help fight systemic discrimination

Oct. 12, 2020
By Chris Chambers Goodman

Proposition 16 will end the ban on taking affirmative steps to ensure and actually provide equal access in public contracting,...


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

A key question in a recent case, and which the 9th Circuit had never answered before, was whether a trademark counterfeiting c...


Labor/Employment, Covid Columns

Assembly Bill 685 further expands the obligations of California employers to disclose information regarding COVID-19 exposure ...


Judges and Judiciary, Community News

Last week, the Kern County Multicultural Bar Alliance held a panel addressing the important issue of the elimination of bias f...


Ethics/Professional Responsibility

Be careful with confidential information when posting online

Oct. 9, 2020
By Shari L. Klevens, Alanna G. Clair

With many tasks moved online, attorneys will face increased risk if they do not remain vigilant when it comes to protecting cl...


Family, Alternative Dispute Resolution

Mediating custody disputes

Oct. 9, 2020
By Franklin R. Garfield

How to provide the authoritative information and guidance that parties need to resolve a dispute


Law Practice, Ethics/Professional Responsibility, Data Privacy

The California State Bar’s Committee on Professional Responsibility and Conduct has issued a new formal opinion, 2020-203, tha...


Law Practice, Ethics/Professional Responsibility

State Bar offers ethical guidance on third-party litigation funding

Oct. 9, 2020
By Ebony A. Koger, Jason E. Fellner

When a lawyer and law firm receive third-party funding, the well-known professional duties to a client can easily become blurr...


Corporate

California’s new diversity mandate for corporate boards

MCLE
Oct. 9, 2020
By Jennifer Rubin

After testing the waters with Senate Bill 826’s gender diversity mandate in 2018, California has now further committed public ...


U.S. Supreme Court, Criminal

Thirty-three states and the District of Columbia have recognized the importance of allowing access to medical cannabis. But ev...


Military Law

Veterans today face a new Agent Orange: burn pits

Oct. 8, 2020
By Eileen C. Moore

Increasingly, our armed forces are imperiled by toxic hazards that have adverse effects on their health. Those who served in I...


Military Law, Criminal, Civil Rights

In the wake of the tragic killing of Breonna Taylor by police in Louisville, Kentucky during service of a search warrant in a ...


Corporate

New shareholder proposal rules balance interests against cost

Oct. 8, 2020
By Timothy R. Bowers, Cara L. Hupprich

On Sept. 23, the Securities and Exchange Commission adopted certain amendments to the procedural requirements and resubmission...


Probate, Labor/Employment, Covid Columns

SECURE Act and CARES Act impact retirement benefits for 2020 and beyond

Oct. 8, 2020
By Patrick J. Haase, Stephanie S. Downer

This recently enacted federal legislation has dramatically changed estate planning for retirement benefits.


Technology, Law Practice

One burgeoning area of focus for legal scholars and LegalTech makers is legal judgment prediction. Efforts are underway to bol...


U.S. Supreme Court, Intellectual Property

A victory for Oracle would outlaw devices and software used by millions every day, raise the price of product refills and repl...


U.S. Supreme Court, Civil Litigation

Supreme Court to decide fate of TCPA autodialer rules

Oct. 7, 2020
By Artin Betpera, Nikku Khalifian

If the court adopts a broad interpretation of an ATDS, businesses will surely face increased litigation with little to no wigg...


Intellectual Property

Trade secret protection gone rogue

Oct. 7, 2020
By Anthony M. Fares, Randall E. Kay

The Walter White case study


Health Care & Hospital Law, Civil Litigation

The blame game: Opioid litigation in America

Oct. 7, 2020
By Nina Marino

Whether you blame the pharmacies, the manufacturers or the doctors, people are the collateral damage.


Intellectual Property, Corporate

Protecting social media contacts as trade secrets

Oct. 7, 2020
By Travis J. Anderson, Bobby Foster

Social media contact lists have become an increasingly important part of a business’s customer lists. This trend has only acce...


Labor/Employment, Intellectual Property, Covid Columns

With more workers accessing, disclosing, using and creating valuable company information from their homes, prudent company lea...


Intellectual Property, Civil Litigation

Contending contentions: trade secret contentions vs. patent contentions

Oct. 7, 2020
By Esha Bandyopadhyay, Scott M. Flanz

Trade secret and patent litigation are tools to protect inventions. Many businesses have invested heavily in building patent p...


Data Privacy, Administrative/Regulatory

2020 brings another set of new California privacy laws

Oct. 7, 2020
By Grant Davis-Denny

California’s privacy landscape has continued to evolve since 2018, and this year is turning out to be no exception.


Labor/Employment

Assembly Bill 685: What California employers need to know

Oct. 7, 2020
By Wendy M. Lazerson, Galit A. Knotz

The bill codifies an employer’s reporting requirements in the event of COVID-19 infections at the workplace and clarifies Cal/...


Labor/Employment

This ballot measure is the latest phase in an epic battle between advocates for workers’ rights, who believe everyone deserve...


Tax

Finding something valuable can lead to tax woes

Oct. 7, 2020
By Robert W. Wood

Consider the case of the recent find by a 33-year-old Arkansas man, who found a massive 9-carat diamond in a public state park...


Environmental & Energy

Governor Newsom issues order seeking to end new fracking permits

Oct. 6, 2020
By Jeffrey Dintzer, Gregory S. Berlin

On Sept. 23, Gov. Gavin Newsom issued an executive order asking the California Legislature to end the issuance of new hydrauli...


Covid Columns, Civil Litigation

What lawyers and litigants need to know about Senate Bill 1146

Oct. 6, 2020
By Angela S. Haskins, Elizabeth A. Evans

On Sept. 18, Gov. Gavin Newsom approved Senate Bill 1146, codifying current COVID-19 Emergency Rules of Court 11 and 12 as Cal...