Government, Administrative/Regulatory
Price gouging: A hidden danger of the pandemic
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 ...
Tax
CARES Act liberalizes treatment of loss carrybacks, carryforwards
By Robert W. Wood
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
By David A. Carrillo, Brandon V. Stracener
Individual liberties are not absolutes, and in emergencies citizens must defer to the collective good.
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
Returning to the office: trade secrets in the post-pandemic world
By Ilse Scott
It is often said that every crisis also presents an opportunity. The current COVID-19 pandemic presents a chance to revise and...
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
High court ruling likely to make trademarks more valuable
By Dariush Adli
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
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
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
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 ...
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
Damages cap: per lawsuit or per violation? High court to decide
By Amber M. Tham
The California Supreme Court will hear arguments Tuesday on whether to follow the rationale in Jarman to allow nursing home re...
Labor/Employment
My employer failed to protect me from COVID-19, can I sue?
By Raphael Metzger
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 wants to secure the ‘bulk power system.’ What does that mean for California?
By Buck Endemann, Stacy Ettinger
Trump issued an executive order this month declaring a national emergency over potential foreign threats to the security of th...
Education Law
US Department of Education releases final Title IX rules
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?
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...
The popularity of the Netflix documentary “Tiger King” has thrust the plight of big cats in captivity into the spotlight. Whil...
Law Practice
An interview with: Morgan Weibel, director of the Tahirih Justice Center
By Mallika Kaur, Morgan Weibel
A discussion about lawyering and trauma during the shutdown.
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
FARA is clear: disclose relationships with foreign principals
By John H. Minan
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
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...
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
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
Business protection from COVID-19 lawsuits? It already exists
By Allen Patatanyan
The coronavirus pandemic has stoked fears among businesses that they will be targeted with lawsuits as they reopen for busines...
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
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
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
California’s Veterans Treatment Courts during the pandemic
By Eileen C. Moore
Up and down the state, judges, lawyers, court personnel and justice partners have been dedicating themselves to their mission ...
Criminal
Flynn dismissal raises Bar(r) for false statements prosecutions
By Joshua M. Robbins
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
Offsetting the delays faced by victims of workplace retaliation
By Aaron L. Osten
A major deficiency under the current whistleblower protections is the time-consuming litigation process subjecting aggrieved e...