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Environmental & Energy

The National Environmental Protection Act has been called the “Magna Carta of environmental laws” for good reason. Its twin ai...


Criminal

Time for a frank discussion about grand juries

Nov. 10, 2020
By Michelle L. Kazadi

There comes a time when it’s time to rethink old things. The institution of the grand jury has been around for a long time, si...


Labor/Employment

You can buy a lot with $200 million. The most expensive ballot proposition in California’s history delivered almost exactly wh...


Appellate Practice, 9th U.S. Circuit Court of Appeals

A common dilemma faces counsel regarding the timing of an appeal of a partially adverse merits judgment while an attorney fees...


Law Practice

An interview with: Protima Pandey of Santa Clara County

Nov. 10, 2020
By Mallika Kaur, Protima Pandey

Next in the Negotiating Trauma & the Law series, Protima Pandey speaks about why her experiences across nonprofit, public,...


During the 2016 presidential campaign, there was plenty of talk about estate taxes — death taxes to use a common pejorative te...


Military Law, Criminal

Consider the following hypothetical: A successful, charismatic businessman attends an out-of-town conference with his female a...


Data Privacy, Civil Litigation

Here comes a wave of data privacy litigation

MCLE
Nov. 9, 2020
By Gary S. Lincenberg, Steven Zipperstein

Data privacy law is quickly becoming the hottest legal issue of the 2020s. Over the previous decade — amid the rapid growth of...


Military Law

Reconciling veteran law’s insanity exception with the insanity defense

Nov. 9, 2020
By Charles Kohorst, Ariana Barlas

Every person who served in the United States' armed forces is not a "veteran," under the law. Instead, Congress gave the Depar...


Letters, Criminal

In an Oct. 26 column “A dangerous policy of inaction in domestic violence cases,” Los Angeles County Deputy District Attorney ...


U.S. Supreme Court, Constitutional Law

High court to rule whether bullets always qualify as a seizure

Nov. 6, 2020
By Brian Hoffman, J. Scott Tiedemann

The Fourth Amendment protects individuals against unreasonable searches and seizures, including the excessive use of force by ...


Technology, Law Practice

A recent research study carefully examined the growth in the laws over a 25-year period. This alone provides important and fas...


Law Practice

Since 2008 when she was involuntarily placed into a probate conservatorship in California, she has not been able to control he...


Tax, Labor/Employment, Covid Columns

As more and more workers are required or encouraged to work from home in response to the COVID-19 pandemic, the consideration ...


Intellectual Property, Civil Litigation

Induced infringement ruling could have far-reaching effects

Nov. 5, 2020
By Daniel Knauss, Alissa Wood

A recent Federal Circuit ruling has potentially far-reaching impacts in cases involving allegations of induced infringement.


Law Practice, Ethics/Professional Responsibility

When an attorney is sick, who and when must they tell?

Nov. 5, 2020
By Shari L. Klevens, Alanna G. Clair

With flu season approaching and the COVID-19 pandemic enduring, there is extreme concern about the possibility of getting sick...


The latest instance involves Goldman Sachs, which is paying about $2.9 billion to settle its role in the 1MDB scandal.


Constitutional Law

Whether you live in a city, a suburb, or out in the country, you have probably seen a “private property” or “no trespassing” s...


Construction, Appellate Practice

A recent decision confirms that the duty to defend is immediate and, as can be surmised from the Crawford decision although it...


Law Practice, Appellate Practice

You are not James Bond

Nov. 3, 2020
By Benjamin G. Shatz

The Double-O designation gives Bond a license to kill, but when lawyers misuse it, they’re merely abusing their license to ill.


Law Practice, Judges and Judiciary

Commission on Judicial Performance adopts amended rules

Nov. 3, 2020
By Kathleen Ewins, David McMonigle

This year, the commission considered amendments to six rules — Rule 115 (Notice of Tentative Public Admonishment); Rule 116 (P...


U.S. Supreme Court, Immigration, 9th U.S. Circuit Court of Appeals

Who may enforce Congress’ appropriations powers

Nov. 3, 2020
By Douglas A. Winthrop, Irvin Nathan

The U.S. Supreme Court recently decided to hear a pair of important 9th Circuit cases that seek to enjoin President Donald Tru...


Last month, the Eastern District of California granted a preliminary injunction against the state of California regarding Pena...


Environmental & Energy

How to divide the groundwater pie and avoid legal challenges

Nov. 3, 2020
By Christina Babbitt, Valerie C. Kincaid

Five years into California implementing the most sweeping change to state water law in a century, the first lawsuits are hitti...


Law Practice

300 years ago

Nov. 2, 2020
By Arthur Gilbert

Arthur Gilbert and I have some things in common: we both have two first names — only mine, Gilbert Arthur, sounds literary. An...


Law Practice, Appellate Practice

Word Counts

Nov. 2, 2020
By Myron Moskovitz

When I receive an appellant’s opening brief or respondent’s brief from my opponent, I print it out. Then I close my eyes and h...


Administrative/Regulatory

FDA proposes rule clarifying evidence for determining product’s intended use

Nov. 2, 2020
By David M. Hoffmeister, James R. Ravitz

Recently, the U.S. Food and Drug Administration issued a statement and proposed rule clarifying the types of evidence that the...


Civil Litigation, California Courts of Appeal

In a recent ruling, the 3rd District Court of Appeal considered whether Code of Civil Procedure Section 529 requires parties g...


U.S. Supreme Court, Judges and Judiciary, Government

Democratic presidential candidate Joe Biden has been peppered with questions about whether he will “pack the court” by adding ...


Technology, Law Practice

There is an ongoing need to contend with differences between what the law states and what morality proffers. This is going to ...