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Real Estate/Development, Appellate Practice

The virus on appeal

May 5, 2020
By Myron Moskovitz

The coronavirus pandemic has pretty much closed our trial courts to civil cases. But our appellate courts are still humming al...


Appellate Practice

No appeal for you!

May 5, 2020
By Benjamin G. Shatz

Just as every dog has his day, every litigant — best in show, purebred, cur, or junkyard biter — can always exercise that righ...


Criminal, 9th U.S. Circuit Court of Appeals

Countless fraud prosecutions called into question

MCLE
May 5, 2020
By Ashwin J. Ram, Laurie Edelstein

9th Circuit invalidates its own model intent-to-defraud jury instruction in new ruling.


Insurance

In the context of the numerous lawsuits have recently filed by policyholders seeking compensation for lost business income occ...


Law Practice

Obscenity

May 4, 2020
By Arthur Gilbert

No intended obscenity in this column. So why the title? Because like so many other concepts based on beliefs or values, obscen...


Labor/Employment

Getting back to work: the employer’s risks

May 4, 2020
By Arthur F. Silbergeld, Kacey R. Riccomini

As employers contemplate re-opening businesses and returning employees to work, they face a number of litigation risks from th...


State Bar & Bar Associations, Legal Education

Every year roughly 24,000 students graduate from ABA-accredited law schools and begin the arduous and time-intensive preparati...


The pandemic is not a get-out-of-jail-free card that will liberate parties from contracts across the board. But these unusual ...


Labor/Employment

As the political debate continues about whether to reopen the economy or maintain “stay at home” policies, many employers are ...


Legal Education

What employers should know about law school externship programs

May 1, 2020
By Nira Geevargis, Nora Katz

Externships provide second- and third-year law students the opportunity to put their education into practice.


Law Practice, Ethics/Professional Responsibility

Most lawyers are living under an unusual form of house arrest, spending our days at home except for brief, masked forays on ur...


Letters, Legal Education

Here we go again. Three years ago, a few law schools pushed to lower the pass score for the California bar exam. I wrote then ...


Law Practice, Judges and Judiciary

Rapidly changing eviction law in the COVID-19 era

May 1, 2020
By Douglas W. Stern

Undoubtedly you did not purchase this newspaper to read this article. By the time it is in print it shall be marginally out-of...


Law Practice, Health Care & Hospital Law

Financial elder abuse claims in the COVID-19 environment

May 1, 2020
By Vatche Zetjian, Neil Erickson

In this COVID-19 environment, elders are especially vulnerable to financial abuse due to the inherent nature of the shelter-in...


Alternative Dispute Resolution

The new normal has arrived and will dominate how we as arbitrators and arbitration professionals participate in and conduct he...


Over 95% of the U.S. population is currently under stay-at-home or shelter-in-place orders. Millions of workers have been laid...


The Coronavirus Aid, Relief, and. Economic Security Act was passed after some marathon sessions in Congress to provide some ne...


Government, Constitutional Law

Sprawl vs density

Apr. 30, 2020
By Michael M. Berger

It used to be a standing joke in the land use community that the only thing that land use planners hated more than sprawl was ...


Health Care & Hospital Law, Civil Litigation

The 2nd District Court of Appeal created a bright-line rule that a physician assistant acts within the scope of his or her lic...


Civil Litigation, California Supreme Court, Alternative Dispute Resolution

The California Supreme Court unanimously held that “sophisticated business entities” that are contracted for arbitration under...


Law Practice, Criminal

With the virus raging through Kentucky as well as the nation, Judge Caldwell was presented with a challenge unlike any other f...


Bankruptcy

The main effect of the means test is that it has increased the amount attorneys charge consumer filers since the form requires...


Law Practice

About your diverse client...

Apr. 30, 2020
By Frank H. Wu

I have a recurring experience that a few others might share as well. As a lawyer who happens to belong to a minority community...


U.S. Supreme Court, Constitutional Law

Gun rights: Mooting politics at the US Supreme Court

Apr. 29, 2020
By William Slomanson

On Monday, the U.S. Supreme Court dodged what could have been its pièce de résistance in a trilogy of 2nd Amendment “keep and ...


Real Estate/Development

There is a growing movement to eliminate the right of a landlord to impose a complete restriction on residential tenants havin...


Real Estate/Development

With the coronavirus wreaking havoc on the economy, the issue of zombie foreclosure will resurface. This article will explain...


Government, Environmental & Energy, Administrative/Regulatory

The Trump administration is intent on rolling back those promises. On March 30, NHTSA and EPA released their “final” version o...


Government, Administrative/Regulatory

Managing privacy and cyber risks as operations move online

Apr. 29, 2020
By Lindsey Tonsager, Kathryn E. Cahoy

This new virtual reality has brought privacy and security risks into focus. In response to regulators issuing recent warnings...


Government, Contracts

This article addresses key flexibilities in government contracting. An agile procurement system is critical to addressing new ...


Labor/Employment, California Supreme Court

One burning question among California employer lawyers these days is whether, with its recent decision in Frlekin v. Apple (th...