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
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
Domestic violence takes center stage in recent statutory changes
By Jeffrey P. Blum
Claims of domestic violence have been on the upswing during the pandemic; catch up with recent statutory changes affecting the...
Criminal, Constitutional Law
The case that paved the way for profiling motorists
By John Aiello
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
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...
Trump’s private unrecorded meetings with President Vladimir Putin of Russia have not yet been revealed, and many citizens are ...
Government, Constitutional Law
Are impeachment trials a legal process or purely political?
By Rafael Chodos
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
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
Appellate rulings depart from treaty interpretation norms
By Peter S. Selvin
International treaties and conventions are often strictly construed by U.S. courts without regard to common law principles. Tw...
Criminal, Civil Rights
The pandemic, the killing of George Floyd and discriminatory jury selection
By Elisabeth Semel
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
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
Column attacking Berkeley study on peremptory challenges is dismaying
By AJ Kutchins
I am writing in regard to the column by Deputy District Attorney Michele Hanisee attacking both Berkeley Law’s landmark report...
Criminal
AB 3070 will help our legal system meaningfully address racial bias
By Jacqueline Goodman
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
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?
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
Pandemic professional responsibility: Legal ethics and COVID-19
By Wendy L. Patrick
The legal complications caused by COVID-19 have raised some novel legal issues, but there are no special COVID-19 ethics rules...
As a mediator, I listen to all sides and hear how each perceives the other. With this insight, I help parties collaborate and ...
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?
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...
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...
Family
‘Standstill agreements’: Addressing relationship conflicts during COVID-19
By Jeffrey P. Blum
The COVID-19 pandemic is a disruptive force leading us to contemplate different ways of doing things. One outgrowth of this ma...
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
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
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
By Arthur J. Burke, Jesse Solomon
Recent developments and strategic implications.
Corporate, Antitrust & Trade Reg.
May I have another? Antitrust immunity for serial petitioning
By Stephen McIntyre
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.
Changes in Japanese cartel law to increase investigations and civil lawsuits in California?
By Eliot A. Adelson, Daiske Yoshida
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
9th Circuit: Tax filing sent via FedEx didn’t qualify for mailbox rule
By Robert W. Wood
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
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 lawyer incivility reached the courts? Courts should consider the motives underlying motions for judicial disqualification
By Thomas N. Vanderford Jr.
Has the long but regrettable decline in civility among lawyers now expanded to incivility toward the courts? Demands for judic...