Law Practice, Books
Courtroom warrior: The combative career of William Travers Jerome
By Robert H. Bunzel
This is the fourth installment for the Daily Journal (following reviews of Louis Nizer’s The Jury Returns, John Kaplan’s and J...
Law Practice
Inside Stanley Mosk Courthouse during the COVID-19 pandemic
By Lucy Vartanian
As luck would have it, an urgent client matter required that I make an ex parte appearance at Stanley Mosk in the second week ...
Law Practice, Ethics/Professional Responsibility
Use the ‘architecture of time’ during this pandemic as an opportunity for growth and change
By Marshall S. Zolla
As lawyers, we are trained to examine facts, uncertainty is unsettling. We are goal oriented, so future ambiguity is disturbin...
Law Practice, Health Care & Hospital Law
Family quarantines can unduly influence elders, constitute financial elder abuse
By Scott E. Rahn
It’s a crazy time. You’re home with the kids. Your sister Roberta is taking care of mom half a state away and worries that mom...
Law Practice
The future of law is virtual and remote, and it’s happening now
By Jennifer McGlone
First change came for doctors, then it came for therapists, lawyers and even litigators. Now that the U.S. Supreme Court is ho...
Alternative Dispute Resolution
Your mediator wants to use Zoom. But do you?
By Bob Blum
Are you comfortable, then, with Zoom? Because if you or your client are not, then it won’t work and another platform must be u...
In mediation, it is so easy to overtalk situations. You are an advocate; you have a lot to say; you have a righteous case. But...
Civil Litigation, Alternative Dispute Resolution
The new normal for civil case
By Wynne S. Carvill
The difficulty in resuming civil jury trials any time soon, coupled with the reluctance of many civil parties to consider sett...
International Law, Intellectual Property, Civil Litigation
A missed opportunity to define online marketplace’s liability for trademark infringement?
By Béatrice Martinet
Last month, the Court of Justice of the European Union issued a landmark decision concerning the liability of internet interme...
Law Practice, Judges and Judiciary, Civil Litigation
The death of civil justice
By Micha Star Liberty
There is a potential fix, however. The state Legislature needs to take over. Lawmakers need to step up with legislation requir...
Technology, Government, Administrative/Regulatory
Virus will test the public’s support for privacy protections
By Anita Taff-Rice
Apple and Google are releasing application interfaces this month that marshal a smartphone’s Bluetooth capability to trace a p...
Administrative/Regulatory
Can companies be liable if third-party contractors suffer data breaches?
By Peter S. Selvin
An interesting question is whether a company may face liability under this statute (or based on common law theories) where one...
Judges and Judiciary, Government, Constitutional Law
Reality check
By Brian M. Hoffstadt
The U.S. Supreme Court has long observed that, of “the three great branches” of government — legislative, executive and judici...
Tax, Real Estate/Development
Newsom orders property tax relief for homeowners and businesses
By Phil Jelsma
Adding to the maze of federal and state coronavirus legislation, Gov. Gavin Newsom recently announced sought-after property ta...
Family
Family law and resilience: A time to carry on
By Scott M. Gordon, Thomas Trent Lewis
Family law is built on resilience. The family law bar and bench helps parties’ transition into the next phase of their lives i...
U.S. Supreme Court, Government, Constitutional Law
Must private litigation against the president be suspended?
By John H. Minan
Zervos v. Trump raises a constitutional issue of first impression: Whether the U.S. Constitution requires a state court to def...
Government, Administrative/Regulatory
Price gouging: A hidden danger of the pandemic
By Joseph N. Akrotirianakis, W. Scott Cameron
You might be tempted to raise prices to try to recoup some of your lost revenue. But be careful — if you do raise prices, you ...
Tax
CARES Act liberalizes treatment of loss carrybacks, carryforwards
By Robert W. Wood
Do you have tax losses, or are you expecting some? These days, that sounds like a silly question. How losses are treated under...
Government, Constitutional Law, Civil Rights
When public health and individual liberties collide
By David A. Carrillo, Brandon V. Stracener
Individual liberties are not absolutes, and in emergencies citizens must defer to the collective good.
You’ve recently closed a merger, representing the seller in a deal that netted your client — and you — a good bit of cash. And...
Labor/Employment, Intellectual Property
Returning to the office: trade secrets in the post-pandemic world
By Ilse Scott
It is often said that every crisis also presents an opportunity. The current COVID-19 pandemic presents a chance to revise and...
Last week the California insurance commissioner issued a notice to all insurers recognizing the economic hardship and lack of ...
U.S. Supreme Court, Intellectual Property
High court ruling likely to make trademarks more valuable
By Dariush Adli
The court unanimously decided that neither the Lanham Act’s statutory language, nor historical precedent supported making will...
Probate, 9th U.S. Circuit Court of Appeals
Ruling provides guidance on grantor retained annuity trusts
By Carol Kao, Julie Dewberry
For a gifting technique to be successful, the grantor needs to cut certain tax strings to prevent the gift from being included...
Securities, Corporate
Adopting a ‘poison pill’ in response to the pandemic
By Thomas J. Ivey, Bryan Smith
The COVID-19 pandemic has taken a toll on the global economy and financial markets. As a result, public companies are increasi...
U.S. Supreme Court, Government, Criminal
Not every abuse of power is a federal crime
By Matthew E. Sloan, Emily Ludmir Aviad
On May 7, the U.S. Supreme Court dealt a blow to prosecutors policing public corruption under federal property fraud statutes ...
I taught for more than four decades. I got pretty good at it — or so I believed. When I retired from teaching five years ago, ...
U.S. Supreme Court, Health Care & Hospital Law, Civil Litigation
Damages cap: per lawsuit or per violation? High court to decide
By Amber M. Tham
The California Supreme Court will hear arguments Tuesday on whether to follow the rationale in Jarman to allow nursing home re...
Labor/Employment
My employer failed to protect me from COVID-19, can I sue?
By Raphael Metzger
Our firm has begun receiving calls asking this question. I regret to inform workers that, as long as the employer had workers’...
Environmental & Energy
Trump wants to secure the ‘bulk power system.’ What does that mean for California?
By Buck Endemann, Stacy Ettinger
Trump issued an executive order this month declaring a national emergency over potential foreign threats to the security of th...