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U.S. Supreme Court, Environmental & Energy, Civil Litigation

Climate changes heads back to the high court

Nov. 9, 2021
By Richard M. Frank

Recently the U.S. Supreme Court granted review in its first environmental cases of the court’s current term; they focus on the...


Securities, Corporate

ESG and SEC: The path forward for ESG manager rulemaking

Nov. 9, 2021
By W. Hardy Callcott, Ranah L. Esmaili

Investor demand for environmental, social and governance, commonly referred to as “ESG,” investment opportunities has surged w...


Family

It’s over. Or is it? The date of separation quandary

MCLE
Nov. 9, 2021
By Scott J. Nord

To paraphrase “Hamlet,” “Separated, or not separated — that is the question” The date of separation is legally the date of the...


The bill embodies a new, more just approach in which government initiates and completes the process for reducing, dismissing, ...


Criminal

9th Circuit creates private search exception circuit split

Nov. 8, 2021
By Dmitry Gorin, Alan Eisner

The 9th Circuit recently created a circuit split regarding the private search exception to the Fourth Amendment and government...


Intellectual Property

Biden administration emphasizes 'quality; in patent proposals

Nov. 8, 2021
By Sarah Geers, Matt Johnson

This past summer, President Joe Biden issued an Executive Order on Promoting Competition in the American Economy. This executi...


U.S. Supreme Court, Data Privacy, Civil Litigation

TransUnion changes the game in data breach and privacy class actions

Nov. 5, 2021
By Ronald I. Raether, Tambry L. Bradford-Morales

This summer, the U.S. Supreme Court ruled that plaintiffs must suffer concrete harm to have standing to recover for a statutor...


Torts/Personal Injury, Civil Litigation

Key steps in trucking litigation

MCLE
Nov. 5, 2021
By Katherine Harvey-Lee

Commercial trucking litigation is complex. The complexities of the collision, the extent of the injury, the intricacies of the...


Law Practice

Tips for new litigators: practical discovery rules

Nov. 5, 2021
By James D. Crosby


Technology, Law Practice, Ediscovery

Most litigated matters involve reviewing electronically stored information that amounts to the digital equivalent of not just ...


Technology, Tax

We are already seeing crypto audits by the IRS and some states (notably California’s Franchise Tax Board), and more are sure t...


Law Practice, Ethics/Professional Responsibility, Criminal

How to avoid becoming an accomplice to a client’s criminal conduct

Nov. 4, 2021
By Shari L. Klevens, Alanna G. Clair

In recent years, many cases involving allegations of high-profile financial crimes have also involved the accused's lawyers, w...


Environmental & Energy

Drought, wildfires and "bomb-cyclone" rains are dramatic examples of how climate change affects our state. The proposed soluti...


U.S. Supreme Court, Constitutional Law

Our jurists and elected officials would do well to heed Andrew Hamilton's summation nearly three centuries ago, which Founding...


Technology, Law Practice

Hard to believe it is November and our fully remote jury trial is still ongoing. We have experienced all the phases of COVID-1...


Military Law, Health Care & Hospital Law

It took seven decades to open the first tiny crack in the Feres doctrine dam. What remains to be seen is how lawyers will be a...


Tax, Civil Litigation

Section 104 of the Internal Revenue Code shields damages for personal physical injuries and physical sickness from taxes, but ...


Technology, Law Practice

Lawyers need to mindfully consider what they don’t know, even when they do not explicitly realize they are unknowing. The idea...


State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

Paraprofessionals can help to fill the justice gap

Nov. 3, 2021
By Zachariah DeMeola, Michael Houlberg

The access to justice crisis in California, and throughout the United States, is both real and large. It spans across multiple...


Labor/Employment, Health Care & Hospital Law

California courts have continued to issue groundbreaking wage and hour decisions that have dramatically changed the legal land...


Health Care & Hospital Law, Government

As the name implies, the False Claims Act in the health care sector prohibits workers from submitting fraudulent claims. In ot...


Congress recently floated a proposal to halve the estate and gift tax exclusion, effective January 1. As of this writing, this...


Civil Rights, Civil Litigation

Web accessibility: The new wave of litigation

Nov. 2, 2021
By Eileen R. Ridley, John J. Atallah

Website accessibility claims have been around for some time. However, they have been rapidly trending upward following the ris...


Government, Environmental & Energy

The current spate of headlines about Biden’s inability to advance his agenda seems odd to any political realist. Who would bel...


Law Practice, Civil Litigation, Appellate Practice

Memo-dispo No-no

MCLE
Nov. 2, 2021
By Benjamin G. Shatz

Apart from the substantive law, there’s a valuable lesson in a recent 9th Circuit ruling about citing unpublished decisions.


Securities, Corporate

Beginning next year, a new state securities law will significantly reduce the out-of-pocket cost of raising up to $300,000 in ...


Technology, Corporate

DAOs present interesting opportunities and challenges

Nov. 1, 2021
By Stuart D. Levi, Mana Ghaemmaghami

In recent months, there has been a marked increase in the number of decentralized autonomous organizations, known as DAOs, tha...


Law Practice

Who’s in charge?

Nov. 1, 2021
By Arthur Gilbert

I am convinced there are other more pervasive causes of what I see as a troubling phenomenon, the students running the agenda.


Torts/Personal Injury, Entertainment & Sports

Alec Baldwin shooting: What we know and what we don’t

Nov. 1, 2021
By Michael E. Rubinstein

In the aftermath of the October 21 shooting on the set of filming “Rust,” there are a few facts that we do know. But there is...


Data Privacy, Corporate

DOJ turns to familiar tool to address cybersecurity threats

Nov. 1, 2021
By Jim Zelenay Jr., Eric D. Vandevelde

As part of the Biden administration's ongoing efforts to modernize and bolster the nation's cybersecurity practices, last mont...