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Covid Columns, Constitutional Law

The COVID-19 pandemic has caused states to impose unprecedented restrictions on their citizens, leading to a perhaps equally u...


Labor/Employment

New guidance from the U.S. Department of Labor might seem like an outright gift to Uber and Lyft.


Government, Criminal

On Sept. 29, U.S. District Judge Emmet Sullivan held a hearing in United States v. Flynn. The hearing follows an 8-2 decision ...


Torts/Personal Injury, Construction, Civil Litigation

In Johnson v. The Raytheon Company, Inc., a false alarm investigated by maintenance engineering staff led to a Privette doctri...


Law Practice, Appellate Practice

Sprechen sie Deutsch?

Oct. 6, 2020
By Benjamin G. Shatz

This column will attempt to prove that you, California lawyer, do indeed know more German than you may think.


Government, Criminal, Covid Columns, Administrative/Regulatory

New DOJ priority: targeting pandemic stimulus fraud

Oct. 5, 2020
By Michael M. Farhang

Significant infusions of government resources into the private sector during the COVID-19 pandemic have prompted focus on a ne...


Criminal

George Gascón says he won’t enforce key parts of California’s Penal Code


Government, Constitutional Law

As Donald Trump faces the potential conclusion of his presidency, he may also face criminal indictments for his unsavory busin...


Law Practice

A column about columns

Oct. 5, 2020
By Arthur Gilbert

Number 299, but who’s really counting?


Law Practice, Appellate Practice

From my perch as an appellate lawyer, I review a lot of trial court transcripts. I see quite a few mistakes — by both judges a...


U.S. Supreme Court, Constitutional Law

Unfortunately for Judge Amy Coney Barrett, her qualifications are likely to attract less attention than they deserve during th...


Environmental & Energy

Zero-emission vehicle order: lofty goals, light on details

Oct. 5, 2020
By Shannon S. Broome, M. Clare Ellis

On Sept. 23, Gov. Gavin Newsom held a press conference to announce issuance of Executive Order N-79-20 setting several broad g...


Technology, Law Practice

American history and American law are joined at the hip and must be viewed concurrently. Legal scholars insist that historical...


State Bar & Bar Associations, Legal Education, Covid Columns

The COVID-19 pandemic has brought the long-overlooked problems of the California bar exam into sharp relief. Put frankly, the ...


Judges and Judiciary, Covid Columns

COVID-19 has not stopped judicial outreach programs. But it will change them. Judicial outreach will emerge stronger and bette...


U.S. Supreme Court, Labor/Employment, Intellectual Property, Government, Constitutional Law, Civil Rights

Next week: The First Monday

Oct. 2, 2020
By James Azadian

As the court gavels-in the new term, let us take a look at the more significant cases that are already on its docket -- and th...


Judges and Judiciary, Ethics/Professional Responsibility

On Sept. 25, the Judicial Council of California approved an amendment to California Rule of Court 10.469 to make education on ...


Health Care & Hospital Law, Covid Columns

Defining “medical necessity” in the context of medical and surgical benefits has already been a challenge for health care, and...


Entertainment & Sports, Covid Columns

As summer turns to fall, movie and TV production is just beginning to gear up in the face of a pandemic that is showing little...


Insurance, Civil Rights, California Courts of Appeal

For more than two decades, California courts have recognized that one of the three ways an insurance agent broadens the genera...


Insurance, California Courts of Appeal

Is a party’s loss of use of a leasehold or other interest in real property considered “property damage” within the meaning of ...


Law Practice, Books

Kathrine James has written a book on preparing witnesses, “Harvesting Witnesses’ Stories: How to Get Your Client the Second-Be...


Letters

Article misquotes judge on ‘gender incivility’

Oct. 1, 2020
By Vince W. Finaldi

The headline to the Sept. 30 story, “Judge accuses lawyer of ‘gender incivility’,” inaccurately states that the judge in MJJ P...


Torts/Personal Injury, Civil Rights

The curious case of Amazon’s product liability strategy

Sep. 30, 2020
By Jeremy K. Robinson

Until recently, Amazon had a unified, and largely successful, approach to avoiding lawsuits over defective products sold on it...


Antitrust & Trade Reg.

Google likely would lose if sued by US for antitrust violation

Sep. 30, 2020
By Patrick E. O’Shaughnessy

Press reports suggest that the United States and nearly every state are in the midst of putting the finishing touches on their...


Labor/Employment

Governor Newsom expands California Family Rights Act

Sep. 30, 2020
By Christine H. Long

The governor approved a historic expansion of the California Family Right Act earlier this month when he signed into law Senat...


Labor/Employment, Covid Columns

Can employers require employees to receive a COVID-19 vaccine?

Sep. 30, 2020
By Jackie Karama, Josh Henderson

Neither the courts nor federal agencies have addressed whether an employer-mandated COVID-19 vaccination requirement is lawful...


Letters

Headline for judicial profile was tone deaf

Sep. 30, 2020
By Holly O. Whatley

I was dumbfounded by the “Daddy’s Gill” headline in the Daily Journal’s Sept. 28 profile of Kern County Superior Court Judge S...


Probate

The bill increased thresholds for “small estates” to avoid formal probate proceedings.


Securities, Mergers & Acquisitions

Strategies for fund managers to avoid SEC pitfalls

Sep. 30, 2020
By Sara L. Terheggen

Whether you are a first-time fund, exempt adviser or registered investment adviser, all funds must be mindful of implementing ...