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Education Law

US Department of Education releases final Title IX rules

May 15, 2020
By Pilar Morin, David Urban

On May 6, the Office for Civil Rights of the U.S. Department of Education released its new regulations under Title IX of the E...


U.S. Supreme Court, Criminal, Constitutional Law

Qualified immunity: Are we there yet?

May 15, 2020
By Robert L. Bastian Jr.

Are we there yet? Some jurisprudential road trips wind longer than others. But the history in federal courts of qualified immu...


Law Practice

Protecting big cats in California and beyond

May 15, 2020
By Elizabeth Holtz

The popularity of the Netflix documentary “Tiger King” has thrust the plight of big cats in captivity into the spotlight. Whil...


Law Practice

A discussion about lawyering and trauma during the shutdown.


Alternative Dispute Resolution

The temple of justice

May 15, 2020
By Robert S. Mann

When you next sit down to prepare for a mediation, consider putting the “temple of justice” idea on your list of items to disc...


Government, Criminal

On May 7, the DOJ filed a motion to dismiss the charges against Flynn for lying to the FBI. The action by the DOJ has been app...


Alternative Dispute Resolution

Mediating during coronavirus: danger and opportunity

May 15, 2020
By Stephen H. Sulmeyer Ph.D

It is commonly believed in the West that the Chinese word for “crisis” is comprised of two characters, one representing “dange...


Books

Robert Stone’s fiery America

May 15, 2020
By Richard Wirick

There are writers who appear, possibly once in a generation, who seem to galvanize time’s eerie striations and craft novels th...


Government, Administrative/Regulatory

COVID-19 data privacy could be a Pandora’s box

May 14, 2020
By Gerald L. Sauer

It has taken a global pandemic to finally move legislators in DC toward progress on consumer privacy issues. Despite an urgent...


Labor/Employment, Civil Litigation

The coronavirus pandemic has stoked fears among businesses that they will be targeted with lawsuits as they reopen for busines...


Judges and Judiciary

‘Your Honor, you’re still on mute’

May 14, 2020
By Samantha P. Jessner

For the most part, courts have functioned pretty much the same way for centuries, with lawyers, clients, witnesses, judges and...


State Bar & Bar Associations, Letters, Legal Education

... or perhaps the bar exam system is broken

May 14, 2020
By Mitchel L. Winick

“The simplest solution is most likely the right one.” This is the most common paraphrased version of English Franciscan friar ...


State Bar & Bar Associations, Letters, Legal Education

Good lawyering is not about regurgitating knowledge

May 14, 2020
By Michiel Pestman

Only 26.8% of the candidates passed the February California bar exam. This is the lowest pass rate since 1951, when the bar st...


Military Law, Law Practice

Up and down the state, judges, lawyers, court personnel and justice partners have been dedicating themselves to their mission ...


Criminal

Amid the dark clouds of the ongoing pandemic, a silver lining has appeared for white collar defendants and their counsel, in t...


Labor/Employment, Civil Litigation

A major deficiency under the current whistleblower protections is the time-consuming litigation process subjecting aggrieved e...


Labor/Employment, Government

Did the governor’s Paid Sick Leave order exceed his authority?

May 13, 2020
By James J. McDonald Jr., Ben Ammerman

The governor recently issued Executive Order N-51-20 which ordered private sector employers of more than 500 employees to prov...


Labor/Employment

As California communities return to work amidst the ongoing pandemic, landlords must consider how and when to reopen tradition...


Labor/Employment

Permitting employees to work remotely comes with its own special wage and hour considerations that must be addressed, especial...


Labor/Employment, Civil Litigation, California Supreme Court

The verdict is in on PAGA jury trials

MCLE
May 12, 2020
By Steven B. Katz

Last week’s California Supreme Court decision in Nationwide Biweekly, although not a PAGA case, all but definitively settles t...


U.S. Supreme Court, Government, Constitutional Law

Losing the rule of law

May 12, 2020
By Erwin Chemerinsky

Never before have I so despaired for the rule of law in the United States. The decision of the U.S. Department of Justice to ...


U.S. Supreme Court, Government, Constitutional Law


Labor/Employment, Entertainment & Sports, Civil Litigation

In a May 1 ruling, the court threw out the players’ equal pay claims, leaving only a sliver of the case for trial.


Labor/Employment, Civil Litigation

On May 5, California Attorney General Xavier Becerra, along with the City Attorneys for the cities of Los Angeles, San Diego a...


What Congress and the Small Business Association giveth, the IRS taketh away.


Corporate

Lender’s liability and MAC clauses in the era of COVID-19

May 11, 2020
By Jennifer A. Post, Simran S. Bindra

To mitigate the unprecedented financial impacts of the COVID-19 pandemic, lenders are reviewing their existing loan portfolios...


U.S. Supreme Court, Environmental & Energy

Ruling creates certainty and uncertainty at current and future Superfund sites

May 11, 2020
By Leila Bruderer, Steven H. Goldberg

In a case watched closely by environmental attorneys around the country, the U.S. Supreme Court solidified the EPA's authority...


Tax, Government

While it’s not possible to cover all of the legal issues that nonprofits are currently facing in this one column, I’m focusing...


California Supreme Court, Appellate Practice

Electronic argument in the California Supreme Court

May 11, 2020
By Michael G. Colantuono

The California Supreme Court is conducting oral arguments by video conference during the pandemic. I argued two cases there on...


Bankruptcy

Navigating the fiscal impacts of the COVID-19 pandemic

May 11, 2020
By David S. Kupetz, Victor A. Sahn

It is important that businesses enduring significant financial distress, even if the problems only arose as a result of fall-o...