Letters, Criminal
Column attacking Berkeley study on peremptory challenges is dismaying
By AJ Kutchins
I am writing in regard to the column by Deputy District Attorney Michele Hanisee attacking both Berkeley Law’s landmark report...
Criminal
AB 3070 will help our legal system meaningfully address racial bias
By Jacqueline Goodman
If our legal system is to be preserved, the problem of racial bias must be meaningfully addressed. Because the underrepresenta...
Government, Data Privacy
CCPA enforcement and final regulations
By Mallory Petroli, Heather A. Antoine
Since the California Consumer Privacy Act went into effect on Jan. 1, many businesses have been eager to receive the promised ...
Civil Litigation
Should businesses be worried about COVID-19 lawsuits?
By Jacqueline Serna
We’ve seen it again and again across the country during the COVID-19 pandemic: State lawmakers adopting emergency rules that s...
Law Practice, Ethics/Professional Responsibility
Pandemic professional responsibility: Legal ethics and COVID-19
By Wendy L. Patrick
The legal complications caused by COVID-19 have raised some novel legal issues, but there are no special COVID-19 ethics rules...
As a mediator, I listen to all sides and hear how each perceives the other. With this insight, I help parties collaborate and ...
Despite a win in the recent DACA case, rules proposed by the Department of Homeland Security and an executive order by Trump i...
Intellectual Property
USPTO cannot handle ‘artificial inventors.’ Now what?
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D
Because current patent laws do not allow artificial inventors, we address two questions: (1) What can we do right now if a dev...
It’s been about 100 days since California issued its COVID-19 stay-at-home orders. For my own solo family law practice, and fr...
Family
‘Standstill agreements’: Addressing relationship conflicts during COVID-19
By Jeffrey P. Blum
The COVID-19 pandemic is a disruptive force leading us to contemplate different ways of doing things. One outgrowth of this ma...
Dropping arguments against retroactivity of judicial decisions is an easy (and morally correct) way for the attorney general t...
U.S. Supreme Court, Securities
Opinion invites future battles on limits of SEC disgorgement
By Thomas A. Zaccaro, Nicolas Morgan
Liu v. SEC is likely only the beginning of the SEC’s challenges on this front, as it leaves unanswered thorny questions about ...
Bankruptcy
Section 547 amendments’ impact on bankruptcy trustees
By Nancy Simons, Jeremy Faith
For practitioners, these changes are worthy of discussion, lest you or your client find yourself on the receiving end of a dem...
Mergers & Acquisitions, Corporate, Antitrust & Trade Reg.
A range of outcomes on merger challenges
By Arthur J. Burke, Jesse Solomon
Recent developments and strategic implications.
Corporate, Antitrust & Trade Reg.
May I have another? Antitrust immunity for serial petitioning
By Stephen McIntyre
The “Noerr-Pennington doctrine” says you can’t be held liable under the antitrust laws for asking the government to do someth...
Corporate, Antitrust & Trade Reg.
Changes in Japanese cartel law to increase investigations and civil lawsuits in California?
By Eliot A. Adelson, Daiske Yoshida
The Northern District of California has been a primary location for government antitrust investigations and civil lawsuits inv...
Tax, 9th U.S. Circuit Court of Appeals
9th Circuit: Tax filing sent via FedEx didn’t qualify for mailbox rule
By Robert W. Wood
Marijuana, the IRS and taxes have a difficult relationship. In a recent 9th Circuit ruling, the unhappy story starts with a re...
Bankruptcy
Discharging taxes in bankruptcy: Where you live may make a difference
By Robert Horwitz, Lacey Strachan
A wave of bankruptcies is likely due to the impact of the COVID-19 crisis on the economy and the unemployment rate. For someon...
Has lawyer incivility reached the courts? Courts should consider the motives underlying motions for judicial disqualification
By Thomas N. Vanderford Jr.
Has the long but regrettable decline in civility among lawyers now expanded to incivility toward the courts? Demands for judic...
Letters, Judges and Judiciary
Article mischaracterized San Francisco County Superior Court operations
By T. Michael Yuen
In a Daily Journal story on June 19 titled “Access advocates pressure court to end closed proceedings,” the newspaper grossly ...
Government, Criminal
Defunding: A structural solution to a structural problem
By Tony Flemmer, Sajid A. Khan
A society’s budget reveals its moral values, and by that metric, 21st century America barely hovers above bankruptcy. Our budg...
Government, Criminal
Flawed study by Berkeley Law clinic produces flawed conclusions
By Michele A. Hanisee
The Death Penalty Clinic at Berkeley Law released a study last week that concludes that "racial discrimination is an ever-pres...
Government, Constitutional Law
Did Twitter cross the line by commenting on Trump’s tweets?
By Daniel Rozansky, Cristy Jonelis
While Twitter, like other interactive computer service providers, enjoys protection under the Communications Decency Act from ...
U.S. Supreme Court, Labor/Employment, Constitutional Law
Bostock opinions rewrite the likely future of the Supreme Court
By Sanford Jay Rosen
There was no plethora of opinions in Bostock, only three — the 33-page majority opinion for the court by Justice Neil Gorsuch,...
Law Practice
LA courts are finally embracing greater electronic access
By Paul R. Kiesel
Law Practice, Consumer Law
Enforcement of money judgments: How the new debtor exemptions impact you
By Jessica Williams
Senate Bill 616, which goes into full effect on Sept. 1, 2020, has many purposes, chief among them the creation of an automati...
California Courts of Appeal, Appellate Practice
The $1.6 million question:When is an out-of-court statement not hearsay?
By Sarah Hofstadter
One of the most difficult areas of law to learn and apply is the hearsay rule. Appellate lawyers, and even learned appellate j...
Labor/Employment
FFCRA forces public agencies to comply with FLSA ‘regular rate of pay’ calculations
By Elizabeth T. Arce, Jennifer K. Palagi
The Families First Coronavirus Act requires certain employers to provide employees with Emergency Paid Sick Leave or Expanded ...
Bankruptcy
COVID-19 and the equitable powers of bankruptcy courts
By Stuart B. Rodgers
It is inevitable that the ongoing global pandemic will continue to affect nearly all facets of social and business life across...
The Payroll Protection Program, or PPP, has been one of the things holding many small businesses together. Now that loan forgi...