The coronavirus pandemic has pretty much closed our trial courts to civil cases. But our appellate courts are still humming al...
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
By Ashwin J. Ram, Laurie Edelstein
9th Circuit invalidates its own model intent-to-defraud jury instruction in new ruling.
In the context of the numerous lawsuits have recently filed by policyholders seeking compensation for lost business income occ...
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
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
Utah Supreme Court leads the way in coronavirus response
By Daniel Ortner
Every year roughly 24,000 students graduate from ABA-accredited law schools and begin the arduous and time-intensive preparati...
Insurance, Contracts
5 guidelines courts will follow to decide force majeure claims in COVID-19 litigation
By Marco Quazzo
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
10 guidelines for managing remote workers during the pandemic
By Michael J. Nader
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
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
Isolation, the meteor and the evolving practice of law
By Louie H. Castoria
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
Improve lawyer skills instead of lowering admission standards
By William F. Fahey
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
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
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
Maximizing online platforms for success in arbitrations
By Jeffrey Benz
The new normal has arrived and will dominate how we as arbitrators and arbitration professionals participate in and conduct he...
Labor/Employment
Navigating the new normal: legal issues when bringing employees back from furlough
By Todd R. Wulffson
Over 95% of the U.S. population is currently under stay-at-home or shelter-in-place orders. Millions of workers have been laid...
Tax
COVID-19 response: Keep your employees, claim tax credits, or get forgivable loans
By Robert W. Wood
The Coronavirus Aid, Relief, and. Economic Security Act was passed after some marathon sessions in Congress to provide some ne...
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
MICRA limits loss caused by physician assistants’ unsupervised acts
By Andrew J. Chan
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
Parties to an arbitration agreement may waive Hague Convention compliance in ‘narrow’ decision
By Jason D. Russell, Virginia F. Milstead
The California Supreme Court unanimously held that “sophisticated business entities” that are contracted for arbitration under...
Law Practice, Criminal
Reflections on trying an 8-week jury trial during COVID-19
By Randy Sue Pollock
With the virus raging through Kentucky as well as the nation, Judge Caldwell was presented with a challenge unlike any other f...
Bankruptcy
Congress, it’s about time to get rid of that stupid means test
By M. Jonathan Hayes
The main effect of the means test is that it has increased the amount attorneys charge consumer filers since the form requires...
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
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
A tenant’s best friend: Ban pet restrictions in residential leases
By Daniel J. O'Connell
There is a growing movement to eliminate the right of a landlord to impose a complete restriction on residential tenants havin...
Real Estate/Development
Zombie foreclosure: What is it and how can it be fixed?
By Ryan Griffith
With the coronavirus wreaking havoc on the economy, the issue of zombie foreclosure will resurface. This article will explain...
Government, Environmental & Energy, Administrative/Regulatory
States are lining up to challenge SAFE vehicle rules
By John H. Minan
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
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
Working with the government to address COVID-19: basics of government contracting
By Sara Ponzio, David Dowd
This article addresses key flexibilities in government contracting. An agile procurement system is critical to addressing new ...
Labor/Employment, California Supreme Court
Where will the next California Supreme Court decision on state minimum wage laws come from?
By Gregg Adam
One burning question among California employer lawyers these days is whether, with its recent decision in Frlekin v. Apple (th...