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Military Law, Immigration

Thanks for your service... now get out of my country

Apr. 29, 2021
By Eileen C. Moore

At a symposium on deported veterans one of “the foremost authority on military veterans facing deportation” said that recruite...


Probate, Alternative Dispute Resolution

Ruling says courts can order trust and probate cases to mediation

Apr. 29, 2021
By Glen M. Reiser, Mark Lester

California Probate Code Section 17206 provides broad discretion to the probate court to “make any orders and take any other ac...


U.S. Supreme Court, Constitutional Law

Is the prevention of ‘future blight’ a public use?

Apr. 28, 2021
By Michael M. Berger

How far the Supreme Court’s holding in the infamous Kelo decision goes (or whether it should be reconsidered and reversed) is ...


Constitutional Law, California Supreme Court

Overturning California’s bar on interracial marriages

Apr. 28, 2021
By John S. Caragozian

In 1948, the California Supreme Court became the first state in the nation to rule that such laws violate equal protection rig...


Technology, Law Practice

The skinny on computable contracts and AI

Apr. 28, 2021
By Lance Eliot

Contracts are at times the backbone of legal practice efforts (or, perhaps the angst-producing bane of their existence). Legal...


Tax, Law Practice

As the economy sputters to recover, we can expect a solid flow of legal settlements.


Education Law, California Supreme Court

Should cross-examination be required in school disciplinary proceedings? This question has taken on renewed importance with th...


Government, Civil Rights

Skid Row ruling should be required reading

Apr. 27, 2021
By Timothy D. Reuben

Judge David O. Carter wrote, “Virtually every citizen of Los Angeles has borne the impacts of the City and County’s continued ...


Health Care & Hospital Law

Immunity expands to end a pandemic by vaccination

Apr. 27, 2021
By Craig B. Garner

In such unprecedented times, it is not surprising that federal legislation grants certain immunity to manufacturers of COVID-1...


The Derek Chauvin case could be an outlier, or it could signal a true turning point in the nation’s move toward justice, and t...


Labor/Employment, Civil Litigation

On April 9, U.S. District Judge Edward M. Chen reversed an earlier finding that Proposition 22, the California ballot measure ...


In many ways, the plane is being built in mid-air. Concrete statements about what an NFT can or cannot do, and even what it is...


Appellate Practice

PPP fraud: A new law means new issues for appeal

Apr. 26, 2021
By Kirstin Ault

It is an oft-repeated mantra that with large government spending comes large amounts of fraud. The Paycheck Protection Program...


Criminal

Justice achieved in 3-strikes case in Gascón era

Apr. 26, 2021
By Alan Eisner, Dmitry Gorin

In a recent case in the Los Angeles County Superior Court, we achieved a five-year negotiated prison sentence for a defendant ...


Criminal, Constitutional Law

Plain view doctrine: What you see is what you get

MCLE
Apr. 26, 2021
By Gary S. Paer

The object of this article and self-study test is to familiarize readers with the plain view doctrine pertaining to the law of...


Pay attention: Discovery in international arbitration cases

Apr. 26, 2021
By Neil A.F. Popovic, Shin Hahn

Last month, the U.S. Supreme Court granted certiorari in a case to address the scope discovery in international arbitration.


U.S. Supreme Court, Labor/Employment, Entertainment & Sports

NCAA under scrutiny in grant-in-aid cap antitrust litigation

Apr. 26, 2021
By Maurice M. Suh, Daniel L. Weiss

This year, March Madness was more than just a couple of basketball tournaments with Stanford and Baylor cutting down the nets.


Labor/Employment, Civil Litigation, California Courts of Appeal

Punitive damages: hypothetical or hyper-technical?

Apr. 26, 2021
By Barri Friedland, Laura Reathaford

An appellate court recently affirmed a punitive damages award that was largely based on damages that the plaintiffs could not ...


Law Practice, Judges and Judiciary, Ethics/Professional Responsibility

Lawyers must help protect judges

Apr. 23, 2021
By James J. Brosnahan, Dan VanDeMortel

Our duty to uphold the rule of law includes supporting judicial safety.


Legal Education, Law Practice

In conversation with UCLA Law Dean Jennifer Mnookin

Apr. 23, 2021
By William Domnarski

At the helm of UCLA Law School since 2015, Mnookin ticks all the boxes as an academic and legal community leader.


Labor/Employment

With the resumption of post-pandemic life, California families are bringing workers back into their homes.


Tax, Government, Criminal

Stone, a confidant and friend of former President Donald Trump, was pardoned by Trump in 2020 just days before beginning to se...


Alternative Dispute Resolution

Tips to master mediation advocacy, part 3

Apr. 23, 2021
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill

In the last two installations we discussed mindset/attitude and how to prepare for a mediation. In this installment, we will d...


Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

Pandemic-era appellate rulings take on arbitration issues

MCLE
Apr. 22, 2021
By Neville L. Johnson, Douglas L. Johnson

Over the past year, appellate courts in California have been active in deciding arbitration issues. Here are a few of the impo...


U.S. Supreme Court, Technology, Law Practice, Intellectual Property

The rise of the legal API

Apr. 21, 2021
By Lance Eliot

It seems that the relatively obscure and technoid topic of APIs had a moment of fame when the recent Supreme Court ruling was ...


Tax, Law Practice

A recent Tax Court decision may provide some lessons for legal settlements.


Technology, Government, Data Privacy

Sensible regulations should be passed at the federal and state level that preclude use of facial recognition technology. Sensi...


Intellectual Property, 9th U.S. Circuit Court of Appeals

InteliClear and the future of CUTSA’s pre-discovery requirements in federal court

Apr. 21, 2021
By Carolyn Hoecker Luedtke, James R. Salzmann

As California practitioners know, Section 2019.210 of the California Uniform Trade Secrets Act requires that “before commencin...


Intellectual Property

The U.S. Patent and Trademark Office created a process to prioritize examination of trademark applications covering certain CO...


Intellectual Property, 9th U.S. Circuit Court of Appeals

Desire v. Manna Textiles: Assessing impacts on multiple-defendant copyright suits

Apr. 21, 2021
By Blake Cunningham, Kenneth L. Steinthal

Earlier this year, the 9th Circuit altered the statutory damages landscape in cases involving multiple defendants.