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Government, Constitutional Law

The right to publish, with impunity, truth

Jun. 19, 2020
By Stephen F. Rohde

President Trump’s attempt to enjoin the release of John Bolton’s book faces a number of legal and constitutional roadblocks.


Law Practice, Ethics/Professional Responsibility

Contemporaneous: Keeping accurate time records

Jun. 19, 2020
By Franklin R. Garfield

It is the rare attorney who will never have a fee dispute. A recent case emphasizes the importance of keeping accurate and con...


State Bar & Bar Associations, Legal Education, California Supreme Court

July bar applicants may now have to wait until October to take the California bar exam according to the California Supreme Cou...


Alternative Dispute Resolution

Before heading to mediation, try ENE.


Alternative Dispute Resolution

Migrating away from traditional models of mediation

Jun. 19, 2020
By Daniel B. Garrie, Gail A. Andler

Mediation is often viewed by lawyers as a “this” or “that” on the spectrum from facilitative to evaluative. In reality, experi...


Law Practice

Recognizing the need for civil litigants to have a venue to resolve disputes outside the court, members of that task force, re...


A conversation with a civil rights attorney about how she navigated intersecting traumas and gifts of growing up in Berkeley a...


Real Estate/Development, Government

State Assembly to vote on bill to bolster borrower, tenant protections

Jun. 19, 2020
By Jordan Tessier, Linda Rangel

Assembly Bill 2501 must pass off of the assembly floor by Friday. If passed, the bill will put in place certain loan forbearan...


Data Privacy, Civil Litigation

The complaint alleges that although Google tells users that it’s Incognito mode allows them to “browse privately,” Google is a...


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

An unexpected majority opinion

Jun. 18, 2020
By Robert L. Bastian Jr.

The Supreme Court’s decision in Bostock v. Clayton Country, Georgia, handed down on Monday, is a thrilling victory for propone...


U.S. Supreme Court, Criminal

Many argue that the defense of qualified immunity protects the police more than the Civil Rights Act protects its citizens.


Probate, Family

In Duke, the California Supreme Court expanded the power of the trial court to admit extrinsic evidence to correct mistakes in...


Labor/Employment

On June 9, the California Public Utilities Commission issued an order designating all gig drivers classified as independent co...


U.S. Supreme Court, Constitutional Law

Heller is almost a teenager. It’s time for the Supreme Court to change the status of the Second Amendment-from legal orphan, t...


Government, Constitutional Law

Executive order turns the 1st Amendment on its head

Jun. 17, 2020
By Anita Taff-Rice

Now the Trump administration has repurposed the First Amendment. Even those of us who are many years away from being bleary ey...


U.S. Supreme Court, Entertainment & Sports

Complex battle rages over sports wagering in California

Jun. 17, 2020
By Dennis M.P. Ehling

A battle raging over the prospect of sports betting in California is set to play out this Thursday in the California Senate.


Real Estate/Development

Tenants, landlords face a patchwork of COVID-19-related laws

Jun. 17, 2020
By Jon E. Goetz, Russell E. Morse

Commercial and residential tenants and landlords seeking to address the financial impact of COVID-19 shelter-in-place orders a...


Tax, Real Estate/Development

Offering significant relief from the repercussions of the coronavirus pandemic, the Internal Revenue Service recently released...


U.S. Supreme Court, Criminal, Constitutional Law

The Supreme Court and qualified immunity

Jun. 16, 2020
By Erwin Chemerinsky

On Monday, the Supreme Court inexplicably denied certiorari in a number of cases which posed issues concerning qualified immun...


U.S. Supreme Court, Criminal, Constitutional Law

Federal appellate court speaks out on qualified immunity

Jun. 16, 2020
By Jeremy K. Robinson

Only a little more than a week after the protests started, a panel of the 4th Circuit issued an opinion on the use of excessiv...


Law Practice, Constitutional Law, Appellate Practice

Joe, part 2

Jun. 16, 2020
By Myron Moskovitz

Though he never went to law school, Joe Tussman co-authored one of the foundational pieces underlying the Supreme Court’s expa...


Everyone knows that tax returns are due April 15 most years. In California, that means both the IRS and the FTB. But 2020 has ...


Health Care & Hospital Law

Bill would bring drugs that treat serious conditions to market faster

Jun. 16, 2020
By Georgia C. Ravitz, David M. Hoffmeister

Recently, Sen. Mike Braun introduced the Conditional Approval Act, which would amend the Federal Food, Drug and Cosmetic Act t...


Law Practice, Civil Rights

We’re the biggest part of the problem

Jun. 15, 2020
By Dan Lawton

“Protecting the powerless”? The most esteemed and well-paid lawyers of their times tirelessly petitioned legislatures and judg...


Tax, Labor/Employment

Easing the restrictions of the Coronavirus Aid, Relief, and Economic Security Act’s Payment Protection Program program, on Jun...


Tax

Should you change your accounting method? An emerging cannabis loophole

Jun. 15, 2020
By Andrew Gradman, Abraham Finberg

Even the best tax planning tends to be complex and unpredictable. Recently, however, planners have become interested in a simp...


Real Estate/Development, Insurance

Recognizing the issue as a matter of first impression, the Court of Appeal construed the statutory language as limiting covera...


Contracts, Constitutional Law

Understanding the contract clause of the US Constitution

MCLE
Jun. 15, 2020
By Gary S. Ganchrow

There would seem to exist a wide chasm between the constitutional protections afforded by the contract clause to protect again...


Government, Environmental & Energy, Civil Litigation

California Attorney General Xavier Becerra is leading a multistate coalition in filing suit against the EPA, Department of Tr...


Law Practice, Judges and Judiciary

Civil court closures will have lasting impact

Jun. 15, 2020
By Gerald L. Sauer

COVID-19 has turned the world as we know it upside-down, but it has done quite a number on the civil court system. In its rush...