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

Ruling clarifies who qualifies as an ERISA fiduciary

Apr. 21, 2021
By Robert J. McKennon


An upcoming U.S. Supreme Court case is highlighting the need to pay greater attention to the justices’ conflicts of interest a...


So much interpretation, nuance, indeed, duende embedded in U.S. Supreme Court opinions regarding constitutional and civil righ...


Law Practice

The board of trustees of the State Bar of California will be reviewing the Annual Discipline Report on Friday. During the meet...


Obituaries, Law Practice

A lawyer’s lawyer

Apr. 20, 2021
By Bill Grewe

Robert ‘Bob’ Bertram Steinberg (1928-2021) tried the first asbestos case west of the Mississippi and established the ‘peculiar...


Icarus’ D-I-Y guide to gliders

Apr. 20, 2021
By Brian M. Hoffstadt

For decades now, the California Legislature has been enacting laws aimed at ending mass incarceration. Let us hope that the Le...


Law Practice, Appellate Practice

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato


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

No defense duty for criminal restitution claims

Apr. 19, 2021
By Kirk A. Pasich

The 9th Circuit recently issued a decision in a case that involves an unusual situation in which an insurer agreed to defend i...


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

The State Bar of California is pushing forward a set of proposals that would license nonattorneys to practice law and further ...


Technology, Law Practice

You undoubtedly know the famous saying is that we must remember the past to ensure a suitable future. Along those lines, a key...


Prop 65 cannabis warnings provide clarity, but with conditions

Apr. 16, 2021
By Peter Duchesneau, Anita Famili Sabine

On March 19, the California Environmental Protection Agency’s Office of Environmental Health Hazard JAssessment, known as OEHH...


Environmental & Energy

Fracking ban bill fails, for now

Apr. 16, 2021
By Jeffrey Dintzer, Jeffrey P. Carlin

On Tuesday, Senate Bill 467 failed by one vote to advance out of the Senate Committee on Natural Resources and Water.


Military Law, Law Practice

How California attorneys can help our veterans

Apr. 16, 2021
By Katie Binkley, Caitlin Emmons

The veteran community has unique needs as a client base which differ from civilian clientele. Consider some examples: A vetera...


Alternative Dispute Resolution

Tips to master mediation advocacy, part 2

Apr. 16, 2021
By Stephen H. Sulmeyer Ph.D, Wynne S. Carvill

In our last installment, we talked about the appropriate mindset and attitude advocates should have in mediation. In this inst...


U.S. Supreme Court, Government

High court to consider when AGs can intervene

Apr. 15, 2021
By Christopher D. Dusseault

In Cameron v. EMW Medical Center, the U.S. Supreme Court will decide whether Kentucky’s attorney general may intervene to defe...


Entertainment & Sports

The COVID-19 pandemic brought with it dramatic changes to the world of collegiate athletics, but the NCAA has fallen far behin...


Law Practice, Alternative Dispute Resolution

Virtually the same?

Apr. 15, 2021
By Christopher David Ruiz Cameron

3 myths about videoconference arbitration


Government, Criminal

Los Angeles County District Attorney George Gascón says that “science and data” justify his criminal justice policies, includi...


Judges and Judiciary, Covid Columns

When U.S. District Judge Cormac Carney dismissed charges against defendants in the Central District of California for the fail...


Torts/Personal Injury, Civil Litigation, California Supreme Court

Ruling clarifies legal duty to protect others from harm

Apr. 14, 2021
By Hailyn J. Chen, Paul E. Martin

Is there a legal duty to protect others from harm caused entirely by third parties? “It depends,” goes the standard refrain.


U.S. Supreme Court, Government, Administrative/Regulatory

The court issued a narrow ruling that correctly recognized the FCC’s commitment in the context of its Section 202(h) quadrenni...


Probate, Appellate Practice

An appeal is not a chance to retry your case. But — with experienced appellate counsel — it may be an opportunity to fix what ...


Law Practice, Law Office Management, Administrative/Regulatory

Should law firms worry about liability for PPP loans?

Apr. 13, 2021
By Byron J. McLain, Daniella M. Gutierrez

Law firms are viewed by the Department of Justice and other enforcement agencies as gatekeepers subject to a higher standard o...


U.S. Supreme Court, Government, Constitutional Law

Blame the Supreme Court

Apr. 13, 2021
By Erwin Chemerinsky

Amidst all of the discussion of Georgia’s very restrictive new voting law, the institution that is largely responsible is esca...


Labor/Employment

For once-in-a-hundred-year events such as the pandemic — with uncertainty over the solution to the crisis and even its duratio...


U.S. Supreme Court, Civil Litigation

On April Fool’s Day 2021, a unanimous U.S. Supreme Court put an end to a 30-year old ruse proliferated by the TCPA plaintiffs’...


Tax

IRS’s hunt for cryptocurrency tax cheats heats up

Apr. 13, 2021
By Robert W. Wood

The IRS has been hunting crypto hard for more than five years now, and the pace is getting faster.


U.S. Supreme Court, Intellectual Property

Google v Oracle and the Grateful (API) Dead

Apr. 12, 2021
By Peter S. Menell

What a long strange trip it's been


Letters, Judges and Judiciary

Disabled judicial appointments are sadly lacking

Apr. 12, 2021
By David D. Marsh

Following on Peter Lynch’s Letter to the Editor on March 11 about the disproportionately low rate of sitting judges in Califor...


Criminal, Constitutional Law

Ineffective assistance

Apr. 12, 2021
By Alyssa D. Bell, Brittany L. Lane

Reliance on binding precedent may no longer be enough