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Intellectual Property, Entertainment & Sports, Civil Litigation

Neil Young recently filed a lawsuit against Donald J. Trump for President, Inc. for copyright infringement over use of his son...


Labor/Employment

AB 5 Referendum: the optics are now even worse

Aug. 10, 2020
By Ronald L. Zambrano

In less than three months, California voters will be asked to decide the fate of the “Protect App-Based Drivers and Services A...


Corporate, Antitrust & Trade Reg.

Will the Big Tech antitrust hearings have any impact?

Aug. 10, 2020
By Jon Cieslak, Steven Cernak

On July 29, the CEOs of Amazon, Apple, Facebook and Google sat before the United States House Judiciary Subcommittee on Antitr...


Last month, the Court of Justice for the European Union invalidated the “adequacy decision” made by the European Commission on...


Constitutional Law

Two cooks in California’s policy kitchen

Aug. 10, 2020
By David A. Carrillo, Stephen M. Duvernay

It’s an election year, so the California initiative process is enduring the usual complaints about the initiative as “an insti...


On July 30, the United States Judicial Panel on Multidistrict Litigation heard oral arguments in advance of deciding whether t...


Law Practice, Ethics/Professional Responsibility, Civil Litigation

A recent decision by the 4th District Court of Appeal may explain why some litigants and lawyers don’t know when to stop. As t...


State Bar & Bar Associations, Legal Education

Does the California State Bar really believe that an attorney who has been representing clients in another state for four year...


Technology, Law Practice

The American Bar Association has released its latest annual report titled ABA Profile of the Legal Profession 2020, showcasing...


Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

A recent appellate court ruling addresses an arbitrator’s authority to order third-party discovery.


No American president has ever monetized the presidency like President Donald Trump, his family, and the Trump Organization. D...


Law Practice

Remember the importance of time off during the pandemic

Aug. 7, 2020
By Shari L. Klevens, Alanna G. Clair

While the long-term ramifications of the pandemic remain to be seen, many commentators have observed the potential for increas...


Law Practice, Appellate Practice

Appellate myths & realities

Aug. 7, 2020
By Gary A. Watt

“Appeals are the last little step in the drama.” Appellate lawyers are told this from time to time. Such thinking can sink an ...


NLRB decision runs over workers’ rights

MCLE
Aug. 6, 2020
By Ira L. Gottlieb

A recent decision by the National Labor Relations Board is the latest in a parade of decisions and rulemaking intended to impo...


Education Law

In the middle of the most devastating public health crisis in more than a century, the Trump administration and its supporters...


Law Practice, Civil Rights, Books

Walking with the Wind

Aug. 6, 2020
By Michael C. Kelley

Congressman John Lewis died on July 17 and, as this is being written, he lies in state at the U. S. Capitol. “Walking with the...


Government, Civil Litigation

The SAFE TO WORK Act, which is part of the larger Health, Economic Assistance, Liability, and Schools Act, provides under spec...


Civil Litigation

The COVID-19 virus has been a boon to plaintiff lawyers seeking to cash in on the events related to the pandemic and the shutd...


Labor/Employment, Government, Administrative/Regulatory

The Americans With Disabilities Act at 30

Aug. 5, 2020
By Kristina M. Launey

The evolution of disability access in the United States under 30 years of Title III of the ADA.


Obituaries, Judges and Judiciary

Justice William F. Rylaarsdam, 1937-2020

Aug. 5, 2020
By Eileen C. Moore

From a village in Holland to the California Court of Appeal.


Immigration

Professional visas: An overview of H-1Bs and alternatives

Aug. 5, 2020
By Tiffany Chang Wu, Mitch Wexler

In 2020, USCIS received approximately 275,000 registrations during the registration period. Since there were more registration...


Labor/Employment, Corporate, Civil Litigation, California Supreme Court

Section 16600 and Ixchel: benefit or burden?

Aug. 5, 2020
By Patrick Hammon

California courts have long wrestled with how to strike an appropriate balance between free and unfettered competition, on the...


Corporate

California aims to lead the way again in diversity on boards

Aug. 5, 2020
By Teresa L. Johnson, Amy V. Endicott

In 2018, California took the bold step to require a minimum number of women directors on the boards of California-based public...


Appellate Practice

AWOL@OralArg.gone

Aug. 4, 2020
By Benjamin G. Shatz

Many lawyers consider oral argument to be the climax of the appellate process, yet in some (exceptional) cases, oral argument ...


Law Practice, Criminal, Civil Litigation, California Supreme Court, Appellate Practice

A ‘clear and convincing’ appellate standard

Aug. 4, 2020
By Robert Olson, Ted Xanders

In a recent opinion, the California Supreme Court, in a unanimous decision authored by Chief Justice Tani Cantil-Sakauye, reso...


Letters, Criminal

Story on peremptory challenge bill was inaccurate, unbalanced

Aug. 4, 2020
By AJ Kutchins, Elisabeth Semel

In giving a unilateral voice to those who insist the bill is “premature,” the article is tone deaf — as are many of the bill’s...


Intellectual Property, Civil Litigation

New wrinkle in patent licenses with state universities

Aug. 4, 2020
By Jason A. Lief, Michelle Rhyu

When multiple parties share interests in a patent, there can be conflict and complexity over decisions regarding patent litiga...


Construction, Civil Litigation

Last year, the 9th Circuit overturned an arbitration decision in favor of a local Afghani subcontractor seeking termination co...


Criminal, California Supreme Court

Despite flaws, some continue to push for bail algorithm

Aug. 4, 2020
By Jeffrey J. Clayton

When the system erred, it consistently showed that Black defendants were predicted to be higher risk, while white defendants w...


Torts/Personal Injury, Letters

I read with interest Robert Tyson's July 31 column, "The Reptile Theory: Use it." But a question: Mr. Tyson objects that the R...