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International Law, Government, Constitutional Law

FISC: Who’s watching the watchers?

Jan. 22, 2020
By Jeffrey A. Aaron

The FISC should have applied the same standard for its amicus appointment as for the judges themselves, or that of an appearan...


U.S. Supreme Court, Tax, Government

2019’s top 10 California SALT developments

Jan. 22, 2020
By Eric J. Coffill, Alexandra Louderback

While compared to some years in the past, 2019 was not a “big” year in terms of the overall number of California developments ...


Government, Administrative/Regulatory

Earlier this month the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act was signed into law. TRA...


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

In a recent ruling, a unanimous panel upheld summary judgment for the defendants. The court found probable cause, reasonable s...


Corporate

SHAREHOLDER ACTIVISM 2020

Jan. 21, 2020
By David J. Berger

What to expect and how to prepare.


Law Practice, Labor/Employment, Civil Rights, Alternative Dispute Resolution

A significant blow to firms looking to arbitrate discrimination claims

Jan. 21, 2020
By Gay C. Grunfeld, Cara E. Trapani

A California Court of Appeal decision has dealt a significant blow to law firms seeking to force women lawyers to arbitrate cl...


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

9th: Climate is just too complicated for the courts

Jan. 21, 2020
By Dave-Inder Comar

The en banc court's Jan. 17 message to the plaintiffs in Juliana v. United States, was clear: You're right about your constitu...


Law Practice, Appellate Practice

Write to dream

Jan. 21, 2020
By Myron Moskovitz

A while back, I dabbled in writing screenplays. One of the books on how to write a script said something that has stuck with m...


Labor/Employment

This will cause a major disruption to the legal system that relies on the availability of interpreters to communicate with cli...


U.S. Supreme Court, Health Care & Hospital Law

Insurers fight to get their promised Affordable Care Act premium subsidies

Jan. 21, 2020
By Vinay Bhupathy, Christine Clements, Arytan Dahukey, Dhara Waghela

Three consolidated cases are the latest cases related to the Affordable Care Act to make their way to the Supreme Court. Last ...


Government, Administrative/Regulatory

Reforming the internet

Jan. 17, 2020
By Douglas E. Mirell, Joshua Geller

Recognizing the sea change in information technology in the 21st century, Congress is finally beginning to consider in earnest...


Civil Litigation

Summary judgment after Sweetwater: Motions denied?

MCLE
Jan. 17, 2020
By Gary A. Watt, Rosanna W. Gan

Despite resolving what it described as narrow anti-SLAPP questions, the opinion has implications for summary judgment. In Swee...


Judges and Judiciary, Ethics/Professional Responsibility, Constitutional Law

In view of the increasingly fractured political climate providing more opportunities for expressions of displeasure with the j...


Legal profession surveys consistently show a persistent, systemic inclusivity problem: at 70% male and 88% white it is one of ...


Tax

Tax tips for a better 2020

Jan. 17, 2020
By Robert W. Wood

The IRS taxes all income, whether in cash or in kind. Lottery winnings? Taxed. Gambling winnings? Taxed. Crypto? Yes, it’s tax...


Government, Constitutional Law

Equal Rights Amendment is still in play, if Congress wants it to be

Jan. 16, 2020
By David A. Carrillo, Stephen M. Duvernay

On Wednesday, Virginia became the 38th state to ratify the amendment, pushing it over the three-quarters of states constitutio...


Labor/Employment

A world perspective on employment law

Jan. 16, 2020
By William M. Crosby

It is almost impossible to obtain a large jury verdict in an employment case outside the United States, and there are few plac...


In an opinion issued on Tuesday, the Supreme Court addressed “the finality of, and therefore the time allowed for appeal from...


Government, Administrative/Regulatory

The regulatory focus must not be on hypothetical conundrums such as hyper-technical and uber-esoteric debates over the “proper...


Criminal

The First Step Act is an imperfect first step

Jan. 16, 2020
By Arash Hashemi

The First Step Act was a very promising piece of legislation for criminal justice reform when it was signed into law by Presid...


Legal Education, State Bar & Bar Associations

Transparency needed in California bar exam results

Jan. 15, 2020
By Mitchel L. Winick

Several recent articles in the Daily Journal have reported serious problems with the State Bar of California’s statistical rep...


Constitutional Law, California Supreme Court

The last decade in the United States Supreme Court

Jan. 15, 2020
By Erwin Chemerinsky

Everyone seems to be making lists about what occurred in the last decade, so what about the Supreme Court over the last 10 yea...


Civil Litigation, Labor/Employment

Late last year, the California Legislature enacted and Gov. Gavin Newsom signed into law an anti-arbitration statute that masq...


Government, Criminal

Evolving or catering? Gascón and gangs

Jan. 15, 2020
By Eric Siddall

Ever the opportunist, candidate George Gascón is continuing his disinformation campaign with the hope of winning over progress...


Law Practice

As litigators we are aware of the vagaries and unforeseeable pitfalls involved in taking a case to court. Knowing the unpredic...


Education Law

Should law students memorize doctrine?

Jan. 14, 2020
By Frank H. Wu

As a teacher, I am asked by students at the beginning of the semester whether I recommend that they memorize the rules.


Securities, Government, Corporate

What does the SEC have in store for 2020?

Jan. 14, 2020
By Nicolas Morgan, Thomas A. Zaccaro

A number of factors — such as market trends, SEC initiatives, rule changes, and significant court cases — can push the SEC’s E...


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

The 9th Circuit’s non-functional approach to the ministerial exception

Jan. 14, 2020
By Josh McDaniel, Jacob M. McIntosh

The Supreme Court should reject the 9th Circuit’s approach and ensure that religious liberty is equally available to all faiths.


Tax, Government

What a year! As we close out 2019 and usher in 2020, here’s an overview of some of the key occurrences and legal developments ...


Government, Corporate

The CCPA is not Y2K 2.0

Jan. 14, 2020
By Tanya Forsheit

For privacy lawyers old enough to remember, December 2019 felt oddly reminiscent of December 1999. There was a lingering sense...