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Criminal, Constitutional Law, Civil Rights

You’ve been arrested and charged with a crime. You’ve been denied pretrial release, and you don’t have the money for bail. So ...


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

A disappointing opinion

Oct. 6, 2021
By Timothy D. Reuben

Last month, the 9th U.S. Circuit Court of Appeals reversed Central District Judge David O. Carter’s sweeping mandatory injunct...


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

Rulings affirm no coverage for COVID-related business interruption claims

Oct. 6, 2021
By Paul S. White, Siobhán A. Breen

Three recent 9th Circuit rulings held that business income and extra expense losses incurred following business closures order...


State Bar & Bar Associations, Law Practice

In recent years, the decades-long rule barring nonlawyers from having an ownership stake in law firms has been reversed in Ari...


Criminal, Civil Rights

There are many ways to answer the question of whether the drug wars are racist, and all of them are “yes.” In California, spec...


Construction, Civil Litigation

A recent appellate opinion addresses the statute of limitations on bringing an action under Business and Professions Code Sect...


Law Practice, Judges and Judiciary

My warranty is up

Oct. 5, 2021
By Arthur Gilbert

I am optimistic that Supreme Court justices who read this column will take my advice and write shorter opinions.


Torts/Personal Injury

Tricks and treats in Halloween precedent

MCLE
Oct. 5, 2021
By Benjamin G. Shatz

With everyone sick of the pandemic, neighborhood boredom seems to have prompted early Halloween decorations. Following suit, l...


Law Practice

A column on columns

Oct. 4, 2021
By Myron Moskovitz

About six years ago, I retired from law professing — and launched my new law firm. I gathered into my fold several former app...


Law Practice, Ethics/Professional Responsibility

California lawyers have a duty to blow the whistle

Oct. 4, 2021
By Arash Homampour

Lawyers, like everyone else, are capable of doing bad things. This is especially true when they are funding grotesque lifestyl...


Tax

California taxes can trip you up coming and going

Oct. 4, 2021
By Robert W. Wood

What state taxes apply if you are stuck in California or another state during the pandemic? Do you pay taxes where you are she...


Mexican-Americans faced horrifying discrimination in this country. In her book “All For One & One For All,” author Amy Wat...


U.S. Supreme Court, Constitutional Law

All nine justices return to the bench this week — the First Monday of October — when the U.S. Supreme Court gavels-in its new ...


Labor/Employment, Administrative/Regulatory

Federal response to climate change: Turn the heat up on employers

Oct. 1, 2021
By Colin Calvert, Sarah G. Bennett

The Occupational Safety and Health Administration and the White House conveyed, in an announcement on Sept. 20, that OSHA will...


Law Practice, Ethics/Professional Responsibility

Last month, the California State Bar published its “California Paraprofessional Program Working Group Report and Recommendatio...


Alternative Dispute Resolution

The reason for the hearsay rule is simple enough to grasp: Hearsay evidence tends to be unreliable, because it’s not subject t...


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

In a landmark ruling, a divided court gave the green light for securities actions against companies that went public through d...


Civil Litigation

PAGA and FAA preemption

MCLE
Oct. 1, 2021
By Gary A. Watt, Patrick Burns

Over the past year, California courts have continued to reject PAGA waivers. But what is so unique about the nature of PAGA la...


Law Practice

A court reporter’s gavel-to-gavel account of a four-month Zoom trial during COVID


Lines must drawn: public health vs privacy

Sep. 30, 2021
By Anita Taff-Rice

Last year, the federal government contracted with a wastewater analytics company for a nationwide study of wastewater in the U...


Real Estate/Development, Land Use

Major legislation to spur modest residential projects

Sep. 30, 2021
By Linda Klein, Amy Foo

A few weeks ago, Gov. Gavin Newsom signed two housing bills that make small, infill housing projects easier in California: Sen...


Torts/Personal Injury, Civil Litigation

Overcoming ‘act of God’ defenses in dangerous condition cases

Sep. 30, 2021
By Jonathan Davidi, Robert Glassman

What happens when your adversary blames a higher power who is incapable of being deposed or responding to discovery?


Law Practice, Alternative Dispute Resolution

'My Cousin Vinny' in Arbitration? (Part I: pre-hearing)

MCLE
Sep. 30, 2021
By Fred Bennett

As we all know, the enduring appeal of watching Vinny trying to navigate his way around a courtroom in a murder trial is the h...


Corporate, Civil Litigation, California Courts of Appeal

Guidance for boardroom disputes in the courtroom

Sep. 30, 2021
By Bernard M. Resser, Vera Serova

A recent appellate court opinion that is now certified for publication resolves some open questions about how membership inte...


Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals

A split decision by a panel of the 9th U.S. Circuit Court of Appeal, upholding the validity of Assembly Bill 51 — the state la...


Technology, Law Practice

A recent trend is calling upon the legal arena to shift or transform from the outdated solidified ways of doing things to inst...


Civil Litigation

In the midst of the COVID-19 pandemic, a record number of false advertising food and beverage class actions cases were filed i...


Constitutional Law

‘Too Big to Fail’ — The Sequel

Sep. 29, 2021
By Michael M. Berger

During the period sometimes referred to as the Great Recession of 2007-09, the United States government became convinced that ...


Labor/Employment, Civil Litigation, California Courts of Appeal

Ruling confirms courts can strike unmanageable PAGA claims

Sep. 29, 2021
By Paul S. Cowie, Luis Arias

On Sept. 9, the California Court of Appeal issued a significant decision of first impression that provides employers with a ra...


Health Care & Hospital Law, Civil Rights, Civil Litigation

Imagine being a parent in the 1940s and 1950s. It’s a hot summer day, and your daughter wants to go to the neighborhood pool. ...