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Letters


Government

Thinking of ending the electoral college

Jul. 1, 2022
By Steven S. Kimball

The electoral college is a mechanism for minority rule. If poll after poll is to be credited, the country as a whole did not w...


Letters


Law Practice, Covid Columns, Appellate Practice

How I learned to stop worrying and love the pandemic

Jun. 30, 2022
By Sidney Kanazawa

At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.


Government, Ethics/Professional Responsibility, Civil Rights

Expanding speech rights of government employees

Jun. 30, 2022
By Erwin Chemerinsky, Catherine L. Fisk

There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...


Intellectual Property, Contracts

Patent litigation reset

Jun. 30, 2022
By Michelle E. Armond, Amy Han

Patent office issues new guidance on controversial IPR discretionary denials


Legal Education, Ethics/Professional Responsibility

John Fremont’s California crimes and misdemeanors

Jun. 30, 2022
By John S. Caragozian

It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.


Ethics/Professional Responsibility, California Courts of Appeal

The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...


Labor/Employment, Criminal, Civil Litigation

Irresponsible servers could face legal consequences

Jun. 29, 2022
By Miguel A. Custodio

What we don’t yet know is how the law and its requisite training will affect drunk drivers and those injured by them.


Law Practice, Alternative Dispute Resolution

The Heisenberg effect in mediations

Jun. 29, 2022
By John H. Sugiyama

Being sensitive to the effect that the observer may have on the observed could help prompt seemingly deadlocked negotiations t...


Civil Litigation

Asbestos litigation in Los Angeles: 2022

Jun. 29, 2022
By Lawrence P. Riff

There was a time when it seemed that the avalanche/tidal wave of new asbestos personal injury and death filings in state and f...


U.S. Supreme Court, Constitutional Law

Après Dobbs, le déluge?

Jun. 29, 2022
By Eric C. Rassbach



Government, Constitutional Law, Civil Rights

When a court determines that allegations of excessive force in the complaint are well pleaded but decides there is qualified i...


Tax

Timing: the most important element in tax planning?

Jun. 28, 2022
By Bruce Givner, Owen Kaye

Beware: having a long period of time between setting up a structure and executing the strategy is no protection from an IRS ch...



U.S. Supreme Court, Government, Civil Rights


Health Care & Hospital Law, Government

Drug reimbursement rates to hospitals must be equal

Jun. 27, 2022
By Benjamin J. Fenton

Absent surveys that identify hospital drug acquisition costs, the Department of Health and Human Services has no right to with...


U.S. Supreme Court, Constitutional Law

Increased violence simply hasn’t been the result in the 43 states, nor in the two-thirds of California counties where licenses...


International Law, Alternative Dispute Resolution

International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...


Government, Ethics/Professional Responsibility

If government lawyers abandon professionalism under the pressure of politics, polarization and careerism, one pillar of our Re...


Health Care & Hospital Law, Government

At the end of the day, this case was not about the policy behind the 340B Drug Pricing Program or the limits of judicial defer...


International Law

The Arctic in the new Cold War

Jun. 24, 2022
By Joseph F.C. DiMento

Russian actions are of immense importance to the sustainability of the Arctic. Russia is a coastal state for a major sea route...


Labor/Employment, Antitrust & Trade Reg.

Under a novel legal theory, the DOJ has taken the position that, from an antitrust perspective, companies that hire or retain ...


Entertainment & Sports

Stream it Tonight! North Country (2005)

Jun. 24, 2022
By Michael Asimow, Paul Bergman

North Country was based on the real case of Jensen v. Eveleth Taconite Co. in the federal district court in Minnesota.


Government, Ethics/Professional Responsibility

Disbarment proceedings should commence immediately

Jun. 24, 2022
By Daniel Broderick

To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...


Most people understand at least the rudiments of 1031 exchanges, but a surprising number of them seem to get messed up. Lawyer...


Labor/Employment, Government

For employers in California with appropriately drafted arbitration agreements, this decision alleviates some of the expense of...


Technology, Government

One reason there likely has been no enforcement action is that California consumers who believe they have been harmed by a net...


Military Law, Health Care & Hospital Law, Government

Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...