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Criminal, Civil Litigation

Official records hearsay exception

MCLE
Oct. 28, 2019
By Elia V. Pirozzi

The objective of this article and self-study test is to review the law regarding the official records exception to the hearsay...


U.S. Supreme Court, Civil Litigation, Intellectual Property

The Supreme Court’s ruling in a trademark case this term could have sweeping effects if it were to resolve the circuit split b...


Civil Litigation, Law Practice, Ethics/Professional Responsibility

When representing a two person partnership or corporation, how does a lawyer avoid developing direct fiduciary duties to each ...


U.S. Supreme Court, Books

The Bow Tie Justice

Oct. 25, 2019
By Richard Wirick

A look at the late justice’s biography, “The Making of a Justice: Reflections on My First 94 Years.”


Civil Litigation, Labor/Employment, Alternative Dispute Resolution

That is the clear message sent to companies and employers with the recent passage of Senate Bill 707 in California by Gov. Gav...


State Bar & Bar Associations

Governor Gavin Newsom and the California Legislature were duped earlier this month into signing off on Senate Bill 176, the li...


Labor/Employment, Ethics/Professional Responsibility, Civil Rights

It was recently reported that Ernst & Young subjected women employees to “training” that would keep the company’s men happy.


Law Practice

In this chapter, we will look at what others have said, or are doing in furtherance of AI testimony, introduces the concept of...


Government, Criminal

California’s Legislature passed two laws this year, Assembly Bill 392 and Senate Bill 230, which modernize the state’s use of ...


Law Practice, Insurance, Contracts

For those in the live entertainment business, where venues have become targets, there has been a need to address operational i...


U.S. Supreme Court, Civil Litigation, Civil Rights, 9th U.S. Circuit Court of Appeals

Takeaways from cert denial in website accessibility suit

Oct. 24, 2019
By Kristina M. Launey, Minh N. Vu

When Domino’s asked the U.S. Supreme Court to review the 9th Circuit’s decision to allow a website accessibility case filed ag...


Tax, Corporate

If you live in California, you probably know how aggressive California’s state tax agency can be. But even if you live somewhe...


U.S. Supreme Court, International Law

The common law rules

Oct. 23, 2019
By Howard B. Miller

To every current view we bring expectations from the past. So it is with a visit to London as part of a delegation during Lega...


Criminal

Extending SOL for sexual assault victims is an important step

Oct. 23, 2019
By John C. Taylor, Sonya Ostovar

On Oct. 13, Gov. Gavin Newsom signed AB 218, providing survivors of childhood sexual assault a significantly greater opportuni...


Civil Litigation, Intellectual Property, Entertainment & Sports

On Oct. 17, the 9th U.S. Circuit Court of Appeals ruled in an unpublished decision that the issue of whether or not the Turtle...


U.S. Supreme Court, Judges and Judiciary

Oral arguments: A computational analysis

Oct. 23, 2019
By Gregory M. Dickinson

Oral argument, it turns out, can be a remarkably powerful predictor of the justices’ votes.


Tax

IRS issues guidance on hard forks and airdrops

Oct. 23, 2019
By Roger Royse

This month, the Internal Revenue Service issued its first guidance on the taxation of cryptocurrency in five years. Revenue Ru...


Civil Litigation, Environmental & Energy

Decision on standing in PFAS cases raises serious concerns

Oct. 23, 2019
By Jeffrey Dintzer, Nathaniel Johnson

A recent decision involving litigation over contaminants known as PFAS could potentially include every person in the United St...


Criminal, California Supreme Court, California Courts of Appeal

Shocks: after or fore?

Oct. 22, 2019
By Brian M. Hoffstadt

The California Supreme Court’s strict circumscription of the “kill zone” theory in a recent case was no doubt designed to shor...


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

Is the Clean Water Act void for vagueness?

Oct. 22, 2019
By Michael F. Wright

Recent CWA cases have produced fractured opinions, and circuits are split on how to interpret them — so can an ordinary layper...


Mergers & Acquisitions, Labor/Employment, Corporate

If your company or business is the target of a merger or acquisition, ensuring that key employees are retained is a critical c...


Transportation, Civil Litigation

Autonomous Cars: Who is responsible for collisions?

Oct. 22, 2019
By Brian S. Kabateck, Nicole DeVanon

Conclusions in recent National Transportation Safety Board reports may provide a starting point in terms of developing theorie...


Tax

Charitable lead annuity trusts may make you yawn, but they work

Oct. 22, 2019
By Bruce Givner, Owen Kaye

A CLAT can provide payments to a charity for fixed term of years. You can pick your favorite charity, which might be your own ...


Law Practice, Appellate Practice

Laying traps

Oct. 21, 2019
By Myron Moskovitz

In my salad days as an appellate lawyer, fresh off a clerkship with a California Supreme Court Justice, I believed my appellan...


Government, Administrative/Regulatory

Planning for CCPA compliance with shifting timelines

Oct. 21, 2019
By Grant Davis-Denny, John W. Berry

Unfortunately, exactly when this massive regulatory regime becomes fully enforceable is unclear, leaving the business communit...


Law Practice, Constitutional Law

Free speech against hate speech

Oct. 21, 2019
By Frank H. Wu

I have an opinion opposite that of the majority. I am not sure anybody thinks as I do anymore, that civil rights and free spee...


Labor/Employment, Appellate Practice

There are a number of major ambiguities in AB 5 that suggest litigation will be complex and may require, at least in early day...


International Law

Private parties can help space law blast off

Oct. 21, 2019
By Melissa J. Durkee

Private actors like SpaceX can contribute to formal lawmaking by standing in the shoes of national governments — they can be ...


U.S. Supreme Court, Civil Litigation

With several key rulings issued by the U.S. Supreme Court last term, 2019 has already been a big year for the class action bar...


Civil Litigation

SB 645 is unreasonable regardless of the number of asbestos defendants sued in a lawsuit or present at the plaintiff’s deposit...