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Law Practice, Books

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

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

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

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

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

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...


Alternative Dispute Resolution

Mediation: the sound of silence

May 22, 2020
By Jeffrey Kravitz

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

May 21, 2020
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

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

May 21, 2020
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

Apple and Google are releasing application interfaces this month that marshal a smartphone’s Bluetooth capability to trace a p...


Administrative/Regulatory

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

May 20, 2020
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

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

May 20, 2020
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

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

May 20, 2020
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 ...


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

May 19, 2020
By David A. Carrillo, Brandon V. Stracener

Individual liberties are not absolutes, and in emergencies citizens must defer to the collective good.


Mergers & Acquisitions, Corporate

The ‘efforts’ clause loophole

May 19, 2020
By Dustin Chase-Woods

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

It is often said that every crisis also presents an opportunity. The current COVID-19 pandemic presents a chance to revise and...


Insurance

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

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

May 19, 2020
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

May 19, 2020
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

May 18, 2020
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 ...


Appellate Practice

Home schoolin’

May 18, 2020
By Myron Moskovitz

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

The California Supreme Court will hear arguments Tuesday on whether to follow the rationale in Jarman to allow nursing home re...


Labor/Employment

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 issued an executive order this month declaring a national emergency over potential foreign threats to the security of th...