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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 ...


Real Estate/Development, Law Office Management, Covid Columns

The Great COVID-19 Office Migration: winners and losers

Sep. 30, 2020
By Daniel Teitelbaum

Businesses and investors can get ahead by embracing the changes that are here to stay.


Alternative Dispute Resolution

Advantages of using a judge pro tem

Sep. 30, 2020
By Patrick J. Mahoney

Parties use a judge pro tem to ensure a decision maker is knowledgeable in the law applicable to the dispute as well as having...


Last week, by a unanimous 4-0 vote, the California Fish and Game Commission agreed to accept a petition submitted by the Cente...


Labor/Employment, Covid Columns

Earlier this month, Gov. Gavin Newsom signed a bill to impose notice, record keeping and safety obligations on employers in Ca...


U.S. Supreme Court, Constitutional Law

RBG, her successor and takings law

Sep. 29, 2020
By Michael M. Berger

As this column is devoted to takings law, this seemed like an apt moment to examine the late Justice Ruth Bader Ginsburg’s par...


Judges and Judiciary, Ethics/Professional Responsibility

If the state of California is looking to reckon with the pseudo-symbiotic relationship between the justice system and law enfo...


U.S. Supreme Court, Letters, Government

Column on RBG’s death ignores recent history

Sep. 29, 2020
By Jacques Beugelmans

In his Sept. 25 guest column, Ben Feuer makes the dramatic pronouncement that “[Justice Ruth Bader] Ginsburg’s death could spa...


Government, Criminal

"General Michael Flynn is a defendant without a prosecutor" With that rhetorical hook, Sidney Powell, counsel for former Natio...


Health Care & Hospital Law, Entertainment & Sports, Covid Columns

The COVID-19 edition of the 2020 NCAA college football season is unlike any of the previous 150 seasons.


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

Copyright ruling may limit protection for works involving history

Sep. 28, 2020
By Cydney Tune, Vijay K. Toke

The 9th U.S. Circuit Court of Appeals recently issued an opinion in a copyright case that may significantly limit the copyrigh...


A 19th century decision by the California Supreme Court is a tribute to those who stood against anti-Mexican racism.


Tax, Government, Criminal

In 2019, Cy Vance, the New York County district attorney, served a subpoena on Mazars, President Donald Trump’s accounting fir...


Labor/Employment, California Courts of Appeal

Ruling corrects troubling unemployment insurance claim trend

MCLE
Sep. 28, 2020
By Mai Linh Spencer

The 1st District Court of Appeal has issued an opinion one hopes will make it easier for some workers to obtain benefits where...


U.S. Supreme Court, Constitutional Law

Four of the five conservative justices on today’s Supreme Court were nominated by presidents who lost the popular vote. Three ...


State Bar & Bar Associations, Legal Education

In 2018, 55% of Californians at all income levels experienced at least one civil legal problem in their household, yet nearly ...