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Labor/Employment

SF’s new right to re-hire: A double-edged sword

Jun. 30, 2020
By Atticus S. Lee

In a bid to protect countless employees laid-off and furloughed during the COVID-19 pandemic as business begin to re-open, San...


U.S. Supreme Court, Immigration

A reprieve for DACA recipients

Jun. 30, 2020
By Maggie Carter, Daniel Suvor

The U.S. Supreme Court’s long-awaited decision last week rejecting the Trump administration’s attempt to rescind Deferred Acti...


Family, Criminal

Claims of domestic violence have been on the upswing during the pandemic; catch up with recent statutory changes affecting the...


Criminal, Constitutional Law

The 4th Amendment to the Constitution was drafted to protect us against unreasonable searches and seizures. Essentially, this ...


Corporate, Civil Litigation, Antitrust & Trade Reg., Administrative/Regulatory

Antitrust and national security: The 5G race continues

Jun. 29, 2020
By Noah A. Brumfield, Jonathan (Jack) Klaren

Recent actions by the Antitrust Division reflect a greater interest in moderating antitrust policies in consideration of natio...


Government

Trump’s private unrecorded meetings with President Vladimir Putin of Russia have not yet been revealed, and many citizens are ...


Government, Constitutional Law

In December 2019, as preparations were underway for the impeachment trial of Donald Trump, Republican Sens. Mitch McConnell an...


Government, Constitutional Law

Twitter is in the clear from Devin Nunes’ suit over parody tweets

Jun. 29, 2020
By Karine Akopchikyan, Cristy Jonelis

Immunity under Section 230 is the reason why Twitter was able to successfully dismiss California Republican Rep. Devin Nunes’ ...


International Law, Insurance, Civil Litigation

International treaties and conventions are often strictly construed by U.S. courts without regard to common law principles. Tw...


Criminal, Civil Rights

While AB 3070 has nothing to do with access to health care or economic relief, it has everything to do with addressing the end...


U.S. Supreme Court, Immigration

Ruling is win for DACA recipients, though possibly temporary

Jun. 26, 2020
By Michael N. Litrownik, Chauniqua D. Young

A U.S. Supreme Court decision last week was a major — if temporary — victory in the ongoing fight to protect the rights of you...


Letters, Criminal

I am writing in regard to the column by Deputy District Attorney Michele Hanisee attacking both Berkeley Law’s landmark report...


Criminal

If our legal system is to be preserved, the problem of racial bias must be meaningfully addressed. Because the underrepresenta...


Government, Data Privacy

CCPA enforcement and final regulations

MCLE
Jun. 26, 2020
By Mallory Petroli, Heather A. Antoine

Since the California Consumer Privacy Act went into effect on Jan. 1, many businesses have been eager to receive the promised ...


Civil Litigation

Should businesses be worried about COVID-19 lawsuits?

Jun. 26, 2020
By Jacqueline Serna

We’ve seen it again and again across the country during the COVID-19 pandemic: State lawmakers adopting emergency rules that s...


Law Practice, Ethics/Professional Responsibility

The legal complications caused by COVID-19 have raised some novel legal issues, but there are no special COVID-19 ethics rules...


Law Practice, Alternative Dispute Resolution

Friends, not enemies

Jun. 26, 2020
By Sidney Kanazawa

As a mediator, I listen to all sides and hear how each perceives the other. With this insight, I help parties collaborate and ...


Immigration, Government

An immigration landscape full of land mines

Jun. 25, 2020
By Petro Kostiv

Despite a win in the recent DACA case, rules proposed by the Department of Homeland Security and an executive order by Trump i...


Intellectual Property

USPTO cannot handle ‘artificial inventors.’ Now what?

Jun. 25, 2020
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D

Because current patent laws do not allow artificial inventors, we address two questions: (1) What can we do right now if a dev...


Family

It’s been about 100 days since California issued its COVID-19 stay-at-home orders. For my own solo family law practice, and fr...


The COVID-19 pandemic is a disruptive force leading us to contemplate different ways of doing things. One outgrowth of this ma...


Criminal, California Supreme Court

A right with a remedy

Jun. 24, 2020
By Samuel Weiscovitz

Dropping arguments against retroactivity of judicial decisions is an easy (and morally correct) way for the attorney general t...


U.S. Supreme Court, Securities

Opinion invites future battles on limits of SEC disgorgement

Jun. 24, 2020
By Thomas A. Zaccaro, Nicolas Morgan

Liu v. SEC is likely only the beginning of the SEC’s challenges on this front, as it leaves unanswered thorny questions about ...


Bankruptcy

Section 547 amendments’ impact on bankruptcy trustees

Jun. 24, 2020
By Nancy Simons, Jeremy Faith

For practitioners, these changes are worthy of discussion, lest you or your client find yourself on the receiving end of a dem...


Mergers & Acquisitions, Corporate, Antitrust & Trade Reg.

A range of outcomes on merger challenges

Jun. 24, 2020
By Arthur J. Burke, Jesse Solomon

Recent developments and strategic implications.


Corporate, Antitrust & Trade Reg.

The “Noerr-Pennington doctrine” says you can’t be held liable under the antitrust laws for asking the government to do someth...


Corporate, Antitrust & Trade Reg.

The Northern District of California has been a primary location for government antitrust investigations and civil lawsuits inv...


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

Marijuana, the IRS and taxes have a difficult relationship. In a recent 9th Circuit ruling, the unhappy story starts with a re...


Bankruptcy

Discharging taxes in bankruptcy: Where you live may make a difference

Jun. 24, 2020
By Robert Horwitz, Lacey Strachan

A wave of bankruptcies is likely due to the impact of the COVID-19 crisis on the economy and the unemployment rate. For someon...


Has the long but regrettable decline in civility among lawyers now expanded to incivility toward the courts? Demands for judic...