My first piece of advice is to immerse yourself in law school with the courses that are most relevant to forming, financing, s...
The onset of COVID-19 flu has prompted physicians, researchers and health care practitioners to scramble to come up with treat...
Amidst all the chaos and concern, it can be easy to lose sight of some basic tax rules.
U.S. Supreme Court, Criminal, Constitutional Law
A chance to loosen the past’s stronghold on our criminal justice system
By Hadar Aviram
Last month the U.S. Supreme court ruled that the 6th Amendment requires a unanimous verdict in serious criminal cases; on Mond...
Take advantage of this quiet time as a point of self-reflection. If you have a lull in your practice, take advantage of all of...
Banking
COVID-19 exceptions in credit agreements (Part I of II)
By Sandra Lee Montgomery, Bharat Moudgil
It is still early in the post-COVID-19 credit cycle, but the pandemic is already working its way into credit documents, and ma...
Banking, 9th U.S. Circuit Court of Appeals
Course correction on ‘Bankers Bond’ insurance policies
By Robert Wallan
Despite the apparent clarity and simplicity of the insuring agreement, insurance companies have typically denied forgery claim...
Real Estate/Development, Appellate Practice
The virus on appeal, part 2
By Myron Moskovitz
Part I of this series (in Tuesday’s Daily Journal) discussed possible defenses to a commercial landlord’s claim for unpaid ren...
Law Practice, Health Care & Hospital Law
In search of a coronavirus cure
By Anthony J. Mohr
The COVID-19 pandemic gives new meaning to the phrase “living the dream.” Like millions, I find myself ruminating, so for want...
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...