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Government, Constitutional Law

The Electronic Privacy Foundation Center has sued the U.S. Department of Justice to gain access to an unredacted copy of the M...


The purpose of this article is to assist family law practitioners in avoiding the common mistakes in requesting attorney fees ...


Law Practice, Ethics/Professional Responsibility, Criminal

Although Avenatti’s misconduct appears especially obvious in hindsight, many practitioners undoubtedly come closer to the line...


Entertainment & Sports, Alternative Dispute Resolution

It was shocking to many when the rules were upended, and the level field tilted, by news of a cheating scandal so complex that...


Law Practice, Ethics/Professional Responsibility

The evolution of fee disputes

MCLE
Mar. 13, 2020
By Heather L. Rosing, David M. Majchrzak

How to protect yourself from fee disputes in a new day and age.


Alternative Dispute Resolution

Here is what you might tell a client to expect in small claims court.


Criminal

The “Varsity Blues” case in federal criminal court involving actress Lori Loughlin alleged illegal actions to improperly admit...


U.S. Supreme Court, Labor/Employment, Health Care & Hospital Law

When getting a clean bill of health < the health care bill received

Mar. 13, 2020
By Tad A. Devlin, Bryan Kurtz

A preview of the upcoming U.S. Supreme Court case Rutledge v. PCMA, concerning among other issues, ERISA preemption.


Labor/Employment

Coronavirus: Top 10 issues for employers

Mar. 13, 2020
By Esra A. Hudson, Michael E. Olsen

The coronavirus outbreak has caused concern for companies worldwide as they navigate and plan for its impact on their business...


Tax, Real Estate/Development

As opportunity zone investments become more commonplace, many opportunity zone sponsors and developers are interested in under...


U.S. Supreme Court, Securities

SEC may keep its disgorgement remedy

Mar. 12, 2020
By John W. Berry

Last week, the U.S. Supreme Court heard argument in Liu v. SEC, which threatened to upend perhaps the most important sanction ...


Legal Education, Law Practice, Entertainment & Sports

Compelled toward progress

Mar. 12, 2020
By Frank H. Wu

Like other fans, an extraordinarily devoted following, I felt a loss when the television series “The Good Place” came to its i...


Insurance

Finding COVERAGE for COVID-19

Mar. 12, 2020
By William M. Shernoff, Michael J. Bidart

The full extent of the business interruption caused by the novel coronavirus is unknown, but the losses are already catastroph...


Judges and Judiciary

Ballot designations favor prosecutors for the bench

Mar. 12, 2020
By Timothy D. Reuben

The results of the March 3 judicial election demonstrate one powerful fact: Prosecutors win elections to the bench because of ...


Probate, California Courts of Appeal

Not final after all: Ruling voids 1991 probate court decree

Mar. 12, 2020
By Jeffrey A. Dennis-Strathmeyer

On Feb. 24, a panel of the 1st District Court of Appeal issued a remarkable opinion concluding that a 1991 decedent estate dec...


Labor/Employment, Alternative Dispute Resolution

Virtual mediation of ERISA benefit claims in a pandemic environment

Mar. 11, 2020
By Adrienne Clare Publicover

Despite the copious amounts of hand sanitizer and disinfectant wipes available at my downtown Los Angeles office this week, I ...


Tax

Anticipating Joe Biden’s proposed capital gains tax

Mar. 11, 2020
By Bruce Givner, Owen Kaye

The New York Times reported that former Vice President Joe Biden’s tax proposals include one under which “People would have to...


Labor/Employment, Health Care & Hospital Law

Cal/OSHA’s regulations require protection for workers exposed to airborne infectious diseases such as the 2019 novel coronavir...


U.S. Supreme Court, Tax, Corporate, Civil Litigation

Corporate tax allocation agreements: No longer subject to federal common law

Mar. 11, 2020
By Stephen J. Turanchik, Douglas A. Schaaf

The U.S. Supreme Court recently struck down a federal common law interpretation of tax allocation agreements and further cauti...


California Supreme Court

You do not forfeit an objection you didn’t have

Mar. 11, 2020
By Don Willenburg

How do you preserve an objection you never made or had? You hope the California Supreme Court changes the law after your trial...


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

Last month the 9th Circuit halted the Trump administration’s “Remain in Mexico” asylum policy, which was one of the cornerston...


Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals

The 9th Circuit again has ruled that under the Equal Pay Act, employers may not rely on prior pay to justify pay disparities b...


Civil Litigation

Last month a Court of Appeal affirmed the trial court's sustaining of a demurrer in the case of Dumas v. Los Angeles County Bo...


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

On Feb. 26, the 9th Circuit rejected the argument that the ubiquity of social media platforms as a means of communication rend...


Labor/Employment

NLRB’s final joint-employer rule brings clarity for employers

Mar. 10, 2020
By Michael J. Lotito, Jim Paretti

Employers received welcome news from the National Labor Relations Board last month. On Feb. 26, the board published its long-a...


Letters, Law Practice, Civil Litigation

As a plaintiffs’ trial lawyer for the past 60 years, I heartily agree with Robert Tyson ‘s recent column, “Is the Defense Bar ...


U.S. Supreme Court, Immigration, Criminal, Constitutional Law, Civil Litigation

High court ruling will allow egregious misconduct to go unchecked

Mar. 10, 2020
By Ethan D. Dettmer, Joshua S. Lipshutz

In Hernández v. Mesa, decided Feb. 25, the U.S. Supreme Court decimated Bivens. What changed in the past 50 years?


Insurance, Civil Litigation, California Courts of Appeal

A recent appellate ruling shows why it is important to remember that even if a party has argued that one jurisdiction’s law go...


Judges and Judiciary

The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.


Military Law, Health Care & Hospital Law

Recent developments in veterans’ law

Mar. 9, 2020
By Eileen C. Moore

Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.