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Books

Lessons not learned

Jul. 6, 2020
By William Domnarski

Turow in winter, or at least thinking about winter, that crawling towards death, as Lear puts it. That would be Scott Turow, t...


Appellate Practice

Read your oral argument???

Jul. 6, 2020
By Myron Moskovitz

Reading is just about the worst way to present an oral argument — and presenting oral arguments remotely doesn’t change that.


Civil Litigation, California Supreme Court

Ruling on enforcement of the UCL is a victory for Californians

Jul. 6, 2020
By Valerie T. McGinty, Saveena Takhar

On June 25, the California Supreme Court issued a unanimous opinion allowing a district attorney to seek recovery for violatio...


Government, Criminal

Collaboration is essential in these times

Jul. 6, 2020
By G. Christopher Gardner

Public defender offices are proud of the essential role we play in the justice system. We are grateful for the daily opportuni...


Education Law, Criminal, California Supreme Court

In 2003, the California Supreme Court held that all security personnel — including school security, school police, school reso...


Intellectual Property, Government, Data Privacy

Deepfakes: dangers and developments

Jul. 2, 2020
By Stan Gibson, Jessica Newman

To combat the risk posed by deepfakes, California enacted two new laws, which went into effect at the beginning of 2020.


Two bills currently before the California Legislature are seemingly moving quite easily through the Assembly and Senate but ar...


Government, Criminal

On June 24, the U.S. Court of Appeals for the D.C. Circuit (20-5143) granted Michael Flynn an emergency writ of mandamus to di...


U.S. Supreme Court, Labor/Employment, Civil Rights

In his majority opinion in Bostock v. Clayton County, Justice Gorsuch provided a helpful explanation of intent in employment d...


Alternative Dispute Resolution

Mediating bare foot

Jul. 2, 2020
By Jan Frankel Schau

Jacob Bronowski, British Mathematician and historian said: “It is important that students bring a certain ragamuffin, barefoot...


Labor/Employment, California Courts of Appeal

Growing court consensus on businesses websites and ADA

Jul. 2, 2020
By Kristina M. Launey

A Court of Appeal ruling recently added to the growing number of California state and federal courts holding that the websites...


Law Practice

The COVID-19 pandemic and the recent civil unrest are having a disproportionate effect on people in California's low-income co...


Government, Constitutional Law, Civil Litigation

What are they thinking?

Jul. 1, 2020
By Michael M. Berger

This is a story about railroads, property owners and government litigation strategy.


Government, Criminal

What exactly is qualified immunity? Why does it exist? How is it applied?


Intellectual Property, Entertainment & Sports

As Congress gets ready to consider revisions to the 1998 landmark Digital Millennium Copyright Act, online service providers a...


Construction, Civil Litigation, California Courts of Appeal

What is the meaning and intent of the term “willful” under Business and Professions Code Section 7110 — and does a violation o...


Criminal

Police procedurals have made the Miranda warnings so well-known that most Americans can recite them by rote. But there is a lo...


Government

California makes voting by mail easier

Jun. 30, 2020
By Marc D. Alexander

While voting by mail has become a political flashpoint, with President Donald J. Trump and Attorney General William Barr invei...


Family

Litigating trust and estate disputes before private judges

Jun. 30, 2020
By Ryan J. Szczepanik, John D. Minton

It is not surprising that trust and estate disputes continue to increase. The number of people entering retirement age is incr...


Labor/Employment

SF’s new right to re-hire: A double-edged sword

Jun. 30, 2020
By Atticus S. Lee

In a bid to protect countless employees laid-off and furloughed during the COVID-19 pandemic as business begin to re-open, San...


U.S. Supreme Court, Immigration

A reprieve for DACA recipients

Jun. 30, 2020
By Maggie Carter, Daniel Suvor

The U.S. Supreme Court’s long-awaited decision last week rejecting the Trump administration’s attempt to rescind Deferred Acti...


Family, Criminal

Claims of domestic violence have been on the upswing during the pandemic; catch up with recent statutory changes affecting the...


Criminal, Constitutional Law

The 4th Amendment to the Constitution was drafted to protect us against unreasonable searches and seizures. Essentially, this ...


Corporate, Civil Litigation, Antitrust & Trade Reg., Administrative/Regulatory

Antitrust and national security: The 5G race continues

Jun. 29, 2020
By Noah A. Brumfield, Jonathan (Jack) Klaren

Recent actions by the Antitrust Division reflect a greater interest in moderating antitrust policies in consideration of natio...


Government

Trump’s private unrecorded meetings with President Vladimir Putin of Russia have not yet been revealed, and many citizens are ...


Government, Constitutional Law

In December 2019, as preparations were underway for the impeachment trial of Donald Trump, Republican Sens. Mitch McConnell an...


Government, Constitutional Law

Twitter is in the clear from Devin Nunes’ suit over parody tweets

Jun. 29, 2020
By Karine Akopchikyan, Cristy Jonelis

Immunity under Section 230 is the reason why Twitter was able to successfully dismiss California Republican Rep. Devin Nunes’ ...


International Law, Insurance, Civil Litigation

International treaties and conventions are often strictly construed by U.S. courts without regard to common law principles. Tw...


Criminal, Civil Rights

While AB 3070 has nothing to do with access to health care or economic relief, it has everything to do with addressing the end...


U.S. Supreme Court, Immigration

Ruling is win for DACA recipients, though possibly temporary

Jun. 26, 2020
By Michael N. Litrownik, Chauniqua D. Young

A U.S. Supreme Court decision last week was a major — if temporary — victory in the ongoing fight to protect the rights of you...