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Law Practice, Ethics/Professional Responsibility, Covid Columns

Don’t let pandemic stress impair your judgment

Sep. 3, 2020
By Shari L. Klevens, Alanna G. Clair

Amid all the adversity, some attorneys may unfortunately be tempted to make a bad decision.


Tax, Covid Columns, Corporate

Key issues facing corporate clients and potentially impacting transactions

Sep. 2, 2020
By Alexander M. Lee, Megan Lisa Jones

The current year has developed in surprising ways for most of us. With an election looming and governments dealing with the ef...


The tax code is chock full of penalties, so you always want to behave reasonably and in good faith. One of the biggest and mos...


Real Estate/Development, Government

The Judicial Council’s elimination of its unlawful detainer moratorium forced the California Legislature to take urgent action...


Construction

Sometimes you can see a train wreck coming a mile away. Design Built Systems v. Sorokine is one of those cases. It also happen...


Technology, Law Practice

A thought-provoking vision that the future of law might entail a Legal Singularity encompassing the elimination of legal uncer...


Government, Covid Columns

Legislation promising in the first months of 2020 lost steam as priorities shifted to COVID-19 relief bills. But animal prote...


Environmental & Energy, California Supreme Court

In resolving a dispute over Stanislaus County’s blanket exemption of water well construction permits from review under the Cal...


Law Practice, Appellate Practice

The need for speed

Sep. 1, 2020
By Benjamin G. Shatz

The hotshot fighter pilots of “Top Gun” are all about speed — fast jets, fast motorcycles, and fast “friends” who haven’t “los...


Criminal, Civil Litigation

Immune, or not immune? That is Craigslist’s question

Sep. 1, 2020
By Daniel Rozansky, Cristy Jonelis

Two recent bills that amended Section 230 of the Communications Decency Act — the Fight Online Sex Trafficking Act and Stop En...


Health Care & Hospital Law, Covid Columns, California Supreme Court

Given the state’s woeful performance safeguarding residents’ rights, Health and Safety Code Section 1430(b) litigation has bee...


Civil Rights

A just society holds people accountable for what they do; it does not punish them for what they look like or where they may ha...


Tax, International Law, Covid Columns, Corporate

EU adopts taxpayer-friendly residency approaches due to COVID-19

Aug. 31, 2020
By Friedemann Thomma, Becca Chappell

Recent COVID-19 travel restrictions have created risk of additional corporate income tax liabilities and filing obligations fo...


A party who prevails at trial in a civil action must often wait years as the case winds through the appellate process before e...


Mergers & Acquisitions, Corporate

Why it’s important to manage confidentiality in M&A deals

Aug. 31, 2020
By Zachary Turke, Edward Xia

Once you have taken the important step of deciding to sell your company, a business owner must face the reality that the inner...


Intellectual Property, Corporate

Despite the COVID-19 setback to the economy, the stock market continues to set records, demonstrating the resilience of U.S. b...


Education Law

Review new Title IX regulations, effective this month

MCLE
Aug. 31, 2020
By Pilar Morin, David Urban

On May 6, the Department of Education issued the new final Title IX regulations with a firm deadline of Aug. 14 for educators ...


Compared to plaintiffs’ counsel, those on the defense side rarely share anything with each other. The plaintiffs’ bar has blog...


Tax, Labor/Employment, Civil Litigation

Not all employment plaintiffs can deduct fees

Aug. 28, 2020
By Robert W. Wood

Can a plaintiff ever be taxed on more money than they receive? To anyone but a tax lawyer, it sounds like a crazy question. Su...


Civil Litigation, Alternative Dispute Resolution, 9th U.S. Circuit Court of Appeals

How scared should we be? Vacatur of arbitration awards in the wake of Monster Energy

MCLE
Aug. 28, 2020
By Blaine I. Green, Dustin Chase-Woods

The 9th Circuit’s decision in Monster Energy Co. v. City Beverages LLC will have significant implications for the enforceabili...


Technology, Law Practice

Online courts will both preserve justice and enhance justice, doing so via the prudent utilization of virtual hearings, plus a...


Law Practice, Ethics/Professional Responsibility

In 2018, the State Bar of California overhauled the rules of professional ethics. One major rule change provides an additional...


Entertainment & Sports, Covid Columns

During the government lockdown, now more than ever, society is increasingly reliant on music, films and podcasts. We now have ...


Health Care & Hospital Law, Civil Litigation, California Supreme Court

The California Supreme Court has confirmed that the maximum monetary recovery available against skilled nursing facilities und...


Constitutional Law, 9th U.S. Circuit Court of Appeals

A magazine masquerade

Aug. 27, 2020
By Donald E.J. Kilmer Jr.

Consider this. If the state of California, among the strictest jurisdictions in the nation, already requires safety testing (...


Constitutional Law, 9th U.S. Circuit Court of Appeals

Ruling in gun case puts every Californian at risk

Aug. 27, 2020
By Scott A. Edelman, Vivek Gopalan

The decision, which sweeps aside circuit precedent and expands the scope of the Second Amendment, is ripe for en banc review.


Technology, Civil Litigation, Antitrust & Trade Reg.

Does success require an alleged monopolist to do business with a competitor that wants to sell mobile apps to IOS and Android ...


U.S. Supreme Court, Immigration

The future of DACA is far from clear

MCLE
Aug. 26, 2020
By Ethan D. Dettmer, Suria M. Bahadue

In June, the Supreme Court struck down the Trump administration’s attempt to end the Deferred Action Childhood Arrivals progra...


Criminal

Punishing pregnancy outcomes is unlawful and cruel

Aug. 26, 2020
By Jennifer L. Chou

The constitutional due process implications of giving prosecutors discretion to investigate and charge women for engaging in a...


Consumer Law, Civil Litigation, California Courts of Appeal

Earlier this month, the California Court of Appeal became the latest court to address whether an online retailer may be held s...