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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...


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

Public sector unions not liable for repayment of agency fees

Jan. 13, 2020
By Kevin J. Chicas, Adrianna Guzman

The 9th Circuit recently affirmed the dismissal of a lawsuit that public employees filed against the exclusive representative ...


The 9th Circuit recently affirmed the dismissal of consumer fraud claims alleging that the use of the word “diet” in Diet Dr. ...


Corporate, Bankruptcy

A recent case demonstrates that a buyer faces a heavy burden and must make a strong showing to invoke a material adverse effec...


Civil Litigation, Labor/Employment

As 2019 drew to a close, the National Labor Relations Board issued a number of notable National Labor Relations Act decisions,...


Banking, Administrative/Regulatory

The legal landscape of banking marijuana businesses (Part II)

Jan. 13, 2020
By Fredrick S. Levin, Daniel P. Stipano

Banks are caught in the between state and federal laws on marijuana. Like any other business, marijuana producers and dispens...


Law Practice, Ethics/Professional Responsibility

Lawyers as defendants in 2019

Jan. 10, 2020
By Kenneth C. Feldman, Alex A. Graft

In 2019, the Court of Appeal (but not Supreme Court) predictably addressed many of the same general issues which come before i...


Law Practice, Ethics/Professional Responsibility

Litigation finance in today’s legal industry

Jan. 10, 2020
By Shari L. Klevens, Alanna G. Clair

While the use of litigation finance is now well-established in the legal industry, it still garners significant attention amon...


Ethics/Professional Responsibility

As we transition from 2019 to 2020, we need to consider issues such as what obligation does a lawyer have when a judge or publ...


Ethics/Professional Responsibility

Teaching the required course in professional responsibility, an anodyne title for legal ethics, I always face the same issue a...


U.S. Supreme Court, Environmental & Energy

It sounds so simple. The Clean Water Act applies to “waters of the United States.” But a clear and consistent definition of th...


U.S. Supreme Court, Constitutional Law

Property rights at US high court in 2019

Jan. 9, 2020
By Larry Salzman

One leap forward and two missed steps