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Environmental & Energy

California should designate the western Joshua tree for protection

Jun. 3, 2020
By Douglas P. Carstens, Michelle Black

This month, the California Fish and Game Commission will be evaluating whether to advance a petition to list the western Joshu...


U.S. Supreme Court, Labor/Employment

On Monday, in a 5-4 decision issued, the Supreme Court made it a whole lot more difficult for retirement plan participants to ...


Labor/Employment, Civil Litigation

During the pandemic, California has experienced a perfect storm that might unleash waves of employment litigation.


Construction, California Courts of Appeal

Construction specifications generally come in two flavors: “design” specifications and “performance” specifications. Design sp...


U.S. Supreme Court, Criminal, Constitutional Law

When qualified immunity offends common sense

Jun. 3, 2020
By John H. Minan

Although the qualified immunity doctrine properly protects government officials for innocent mistakes, the doctrine is easily ...


Intellectual Property

Intellectual property and the exclusivity it provides its owners is a valuable tool for cannabis businesses, allowing them to...


Corporate

The first outside director

Jun. 2, 2020
By David F. Larcker, Brian Tayan

Little is known about the process by which pre-IPO companies select independent, outside board members — directors unaffiliate...


Intellectual Property, Entertainment & Sports

A recent report by the Copyright Office includes a series of recommendations on how to reallocate rights and risks in ways som...


Law Practice, Civil Litigation, Appellate Practice

A little help here?

Jun. 2, 2020
By Benjamin G. Shatz

On its face, Section 166.1 is a rather peculiar statute. As you might guess, it was drafted by lawyers for their use, speciall...


Securities, Corporate

Investor protections in private equity funds

Jun. 2, 2020
By Sara L. Terheggen

o best protect their investment, investors should determine whether the general partner has incorporated any recourse protecti...


Labor/Employment, Government

How COVID-19 could permanently transform public agency operations: lessons learned

Jun. 2, 2020
By T. Oliver Yee, Alysha R. Stein-Manes

The coronavirus public health emergency has drastically changed how workplaces operate. This is particularly true for public a...


Constitutional Law

May 27, 2020, will be remembered as the day when the president of the United States publicly threatened to censor political sp...


Law Practice, Judges and Judiciary

'We are all in this...

Jun. 1, 2020
By Arthur Gilbert

…together?’


Law Practice, Constitutional Law, Appellate Practice

Joe, part I

Jun. 1, 2020
By Myron Moskovitz

Who was Joseph Tussman?


Using his significant -- and underutilized -- power to control post-conviction case resolution, the AG can serve the public in...


The news in this opinion is that the California Supreme Court has found that preventive detention is constitutionally permitte...


Government, Administrative/Regulatory

Last week, President Donald Trump signed an executive order with far-reaching implications for regulatory agency enforcement p...


Law Practice

For most of the last two decades, I have been a member of the Honorable William A. Ingram American Inn of Court, in San Jose. ...


Labor/Employment

Navigating the COVID-19 presumption for workers’ compensation claims

May 29, 2020
By Dwayne McKenzie, Kevin Hannifan

Executive Order N-62-20 establishes a rebuttable presumption, for purposes of awarding workers’ compensation benefits, that em...


Civil Litigation

Many persons outside the residential housing industry may not be aware that parties to an unlawful detainer proceeding are sta...


Law Practice, Alternative Dispute Resolution

Thinking outside the mask: law and the pandemic

May 29, 2020
By Robert S. Mann

Desperate times call for clever solutions. I’ve been rounding up stories about the many innovative ways in which lawyers and m...


Law Practice

In San Diego, lawyers have stepped up to the challenge by creating innovative ways to keep everyone safe while practicing soci...


U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals

The 9th Circuit decided a case on May 22 in which it firmly rejected First Amendment arguments which contested the application...


Health Care & Hospital Law, Alternative Dispute Resolution

One of the most frequent types of health care arbitrations is that between a provider of health care services (e.g., physician...


Our closets, garages, file cabinets and food pantries have never looked better during the lockdown. But, as we prepare for lif...


Environmental & Energy, 9th U.S. Circuit Court of Appeals

Climate change lawsuits belong in state court

May 28, 2020
By Myanna Dellinger

On Tuesday, the 9th Circuit held in two separate opinions that lawsuits for damages to infrastructure caused by energy compani...


Courts recognize the unequal bargaining power in deciding whether a prosecutor has breached a plea agreement. As with any one-...


Civil Litigation, California Courts of Appeal, Appellate Practice

Evidence: An eternal struggle?

May 28, 2020
By Gary A. Watt, Nicole Kim

The hearsay rule traces back 500 years, and its ascension to a uniform principle occurred in the 1800s. How is it that 120 or ...


Letters, Criminal

Juror challenge bill is an opportunity to lead

May 28, 2020
By Elisabeth Semel

I am writing in response to the Daily Journal’s article May 26 article, “Bill aims to curb some juror challenges.” While the a...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

All together in one place: time to open the churches

May 28, 2020
By William J. Becker Jr., Jeremiah Graham

This Sunday, just as the disciples were “together in one place,” a number of churches throughout the state are planning to mar...