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Letters, Criminal

I am writing in regard to the column by Deputy District Attorney Michele Hanisee attacking both Berkeley Law’s landmark report...


Criminal

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

MCLE
Jun. 26, 2020
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?

Jun. 26, 2020
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

The legal complications caused by COVID-19 have raised some novel legal issues, but there are no special COVID-19 ethics rules...


Law Practice, Alternative Dispute Resolution

Friends, not enemies

Jun. 26, 2020
By Sidney Kanazawa

As a mediator, I listen to all sides and hear how each perceives the other. With this insight, I help parties collaborate and ...


Immigration, Government

An immigration landscape full of land mines

Jun. 25, 2020
By Petro Kostiv

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?

Jun. 25, 2020
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...


Family

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...


The COVID-19 pandemic is a disruptive force leading us to contemplate different ways of doing things. One outgrowth of this ma...


Criminal, California Supreme Court

A right with a remedy

Jun. 24, 2020
By Samuel Weiscovitz

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

Jun. 24, 2020
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

Jun. 24, 2020
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

Jun. 24, 2020
By Arthur J. Burke, Jesse Solomon

Recent developments and strategic implications.


Corporate, Antitrust & Trade Reg.

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.

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

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

Jun. 24, 2020
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 the long but regrettable decline in civility among lawyers now expanded to incivility toward the courts? Demands for judic...


Letters, Judges and Judiciary

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

Jun. 23, 2020
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

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?

Jun. 23, 2020
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

There was no plethora of opinions in Bostock, only three — the 33-page majority opinion for the court by Justice Neil Gorsuch,...


Law Practice


Law Practice, Consumer Law

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

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

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

Jun. 22, 2020
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...


Tax

IRS taxes most loan forgiveness, beware exceptions

Jun. 22, 2020
By Robert W. Wood

The Payroll Protection Program, or PPP, has been one of the things holding many small businesses together. Now that loan forgi...