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State Bar & Bar Associations, Legal Education, Law Practice

A ‘diploma privilege’?

Jul. 20, 2020
By Myron Moskovitz

Last year, when I read that California’s law school deans were pushing to have the bar exam pass score lowered, I bit my tongu...


Labor/Employment

Managing employment-related risk while reopening during the pandemic

Jul. 20, 2020
By Michael L. Ludwig, Caitlin I. Sanders

Many employers and employees alike are eager to get back to work as Safer-at-Home restrictions begin to ease. Notwithstanding ...


U.S. Supreme Court, Government, Constitutional Law

According to many polls, President Donald Trump’s path to re-election has never looked more difficult. But the polls fail to a...


U.S. Supreme Court, International Law, Corporate, Civil Litigation

Last days of judicial imperialism?

Jul. 17, 2020
By Christopher J. Lovrien, Rajeev Muttreja

The U.S. Supreme Court’s recent grants of certiorari in two cases could significantly clarify the scope of the Alien Tort Stat...


U.S. Supreme Court, Intellectual Property, Government, Constitutional Law

On Thursday in Part 1 of this two-part series, we discussed the U.S. Supreme Court's major decisions from its October 2019 ter...


Legal Education, Ethics/Professional Responsibility

Tending to the garden of the legal profession

Jul. 17, 2020
By David M. Majchrzak, Heather L. Rosing

This is our opportunity to lead. To conquer biases. To truly embrace diversity, equity and inclusion. To allow the garden of t...


Law Practice, Immigration

An Interview with: Deepak Ahluwalia by Mallika Kaur & Marie Crochard

Jul. 17, 2020
By Mallika Kaur, Marie Crochard

A discussion with a Fresno-based immigration lawyer on the importance of giving clients more control and on the imperative of ...


Letters, Criminal

In her June 29 column, UC Berkeley School of Law Clinical Professor Elizabeth Semel discussed the "straightforward and surpri...


The nationwide coronavirus lockdown — the first in over a century from a global pandemic — has given us an opportunity to slow...


Law Practice, Alternative Dispute Resolution

Arbitration via video

Jul. 17, 2020
By Gregory M. Smith

5 considerations for California lawyers before participating in their first remote arbitration hearing.


U.S. Supreme Court, Criminal, Constitutional Law

The U.S. Supreme Court gaveled out last Thursday, drawing to a close one of the most politically volatile terms in recent memo...


Family

Mitigating the unintended consequences of divorce laws

Jul. 16, 2020
By Franklin R. Garfield

A recent appellate case highlights three areas in which conduct that is commonplace during the course of a marriage may have c...


Family, Civil Litigation

It is axiomatic that divorce fosters conflict. Occasionally the conflict between divorcing spouses may give rise to tort and o...


Tax advisers use the term “disclosure” frequently. Occasionally, taxpayers do too, although they may not understand how or why...


U.S. Supreme Court, Government, Constitutional Law

At first glance, there may not seem much that congressional subpoenas for the last 10 years of President Donald Trump’s person...


Labor/Employment, Civil Litigation

Anti-SLAPP and employment claims

Jul. 15, 2020
By Felix Shafir, Jeremy B. Rosen

For years, Courts of Appeal disagreed over whether employment claims qualified for protection under the anti-SLAPP statute.


Law Practice, Labor/Employment

Resolving the conflict

Jul. 15, 2020
By Carmen J. Cole

Perspectives of a Black, woman, management-side employment attorney.


Labor/Employment, Civil Litigation

‘Reporting’ to work since Ward v Tilly’s

Jul. 15, 2020
By Michael Chamberlin, Joseph Persoff

A California Court of Appeal concluded last year that an employee does not need to physically show up to “report” to work and ...


Labor/Employment, Entertainment & Sports

The long and winding road for Hollywood employers to get back to business

Jul. 15, 2020
By Anthony J. Oncidi, Philippe Lebel

For the entertainment industry, March’s shelter-in-place orders meant a total production shutdown. Entertainment employers hav...


Labor/Employment, Bankruptcy

Employment litigation in bankruptcy

MCLE
Jul. 15, 2020
By Zev Shechtman

With unemployment and economic distress reaching levels unseen since the Great Depression, businesses and their employees may ...


Labor/Employment, Civil Litigation, California Courts of Appeal

Employer’s unlimited vacation practice invalidated

Jul. 15, 2020
By Paula Weber, Laura Latham

At a time when most California employers were focused on COVID-19 response and compliance, scant attention was given to a ruli...


Labor/Employment, Constitutional Law

Employee expression in the workplace

Jul. 15, 2020
By Grant P. Alexander, Melissa K. Bell

With the recent protests and social unrest relating to the killings of George Floyd and others, and the 2020 presidential elec...


Labor/Employment, Government, Criminal

Reform in law enforcement: an L&E perspective

Jul. 15, 2020
By Geoffrey S. Sheldon, James E. Oldendorph Jr.

Missing from the discussion of a number of the sought after reforms is an appreciation of the existing legal landscape in whic...


Labor/Employment, Constitutional Law

Worker protests and the limits of employer control

Jul. 15, 2020
By Mary Dollarhide, Khesraw (Kash) Karmand

Put simply, politics can be bad for business. But may an employer discipline or terminate workers for participating in politic...


Labor/Employment

What employers need to know: Coronavirus as a work-related illness, part 2

Jul. 15, 2020
By Christine Samsel, Rosanna Carvacho

Does workers’ compensation cover COVID-19 that may have been contracted by employees in the workplace? The answer is “it depen...


Labor/Employment

Future workplace

Jul. 15, 2020
By Natalie A. Pierce

Balancing AI and robotics pandemic solutions with privacy concerns.


Labor/Employment, International Law

Working from home

Jul. 15, 2020
By Ute Krudewagen, Victoria Richter

Global compliance obligations in the brave new world.


Labor/Employment

Understanding hazard pay during the COVID-19 crisis

Jul. 15, 2020
By Andrew Parkhurst, Hilary Weddell

The current COVID-19 crisis has many employees asking — if not demanding — that they receive additional compensation for work ...


Tax, Real Estate/Development

With the July 15 deadline for identifying exchange properties now behind us, many real estate investors in Section 1031 exchan...


Government, Civil Litigation, California Courts of Appeal

Rulings trash excessive local waste management fees

Jul. 14, 2020
By Gideon Kracov, Jordan Sisson

What was once a source of revenue for local governments and their waste haulers is now a black hole draining local revenues an...