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Constitutional Law

Paper streets and the US Constitution

Jun. 23, 2021
By Michael M. Berger

Folks in El Dorado County apparently became concerned that more development projects were being approved than local roads coul...


Criminal

When the Human Trafficking Institute began publishing an annual data set on human trafficking prosecutions in 2018, there was ...


U.S. Supreme Court, Constitutional Law

What next for Roe v Wade? The Mississippi attack.

Jun. 23, 2021
By James McManis

In March 2018, the state of Mississippi enacted a statute entitled the Gestational Age Act specifically to give the U.S. Supre...


Tax

You stole my pension money — pay up, taxes too

Jun. 23, 2021
By Robert W. Wood

Legal disputes come in all shapes and sizes. And there are almost always tax issues for plaintiffs, defendants, or both. Plain...


Labor/Employment

To mask or not to mask, that is the question... that employers are asking

Jun. 23, 2021
By Christy D. Joseph, Brian J. Mills

California recently passed its June 15 reopening benchmark, leaving employers with unanswered questions regarding their workpl...


Technology

Researchers estimate that by 2025, we could see 8 million autonomous vehicles on the road.


Technology, Law Practice

It is appropriate to assert that standards make the world go round, especially when considering the impact that standards have...


Bankruptcy

Under the U.S. Constitution, states “maintain certain attributes of sovereignty, including sovereign immunity.”


Juneteenth's Dissonance

Jun. 21, 2021
By Julie A. Werner-Simon

As a former long-time federal prosecutor and now a law professor, I had mixed feelings about our newest federal holiday, Junet...


Can you compel arbitration without an arbitration agreement? The 9th U.S. Circuit Court of Appeals recently weighed in with tw...


International Law, Intellectual Property

Earlier this month, the German parliament adopted a new law designed to limit the availability of injunctions in patent infrin...


Law Practice, Appellate Practice

Poker an appeals

Jun. 21, 2021
By Myron Moskovitz

I’ve played a bit of poker with friends, never for high stakes and never with any expertise. I’ve never played at a casino or ...


Many people might say that cheating on your taxes is the best way to get into serious trouble with the IRS. They would be part...


Labor/Employment, California Supreme Court

The opinion permitted the California Legislature to address perceived pension abuses, even if the modification reduces some em...


Health Care & Hospital Law, Government, Criminal

While many other nations around the world have enacted broad reforms in recent decades to replace criminal sanctions with heal...


Law Practice, Civil Litigation, Alternative Dispute Resolution

The repercussions of Aixtron, Inc. v. Vecco Instruments, Inc., which limited the authority of arbitrators to issue discovery s...


Law Practice

Law firm planning for a post-pandemic world

Jun. 18, 2021
By Daniel O'Rielly, Dena Roche

Try a thought experiment with us. Assume that you are approached by a business client whose industry has just experienced its ...


Constitutional Law

Overturning assault weapon ban sets dangerous precedent

Jun. 18, 2021
By Hannah Shearer, Lisa Tu

A federal judge’s recent opinion striking down California’s assault weapons ban has gained attention for its contrarian view t...


Constitutional Law

The court scrutinized the state’s “evidence” submitted at trial to justify the law, found it inadequate, and declared Californ...


Intellectual Property

A key for California businesses to get an advantage in the highly competive and inceasingly global post-COVID economic era is ...


Law Practice, Family

Flawed court rule, forms invite erroneous rulings in juvenile court

Jun. 17, 2021
By Susan E. Seager, Benjamin Whittle

For the past 15 years, California journalist Garrett Therolf has filed some 40 petitions unsealing juvenile case files reveali...


Intellectual Property

Although the Leahy-Smith America Invents Act made it harder for patent holders to sue multiple, unrelated defendants for paten...


Criminal, 9th U.S. Circuit Court of Appeals

The 9th Circuit vacated the defendant’s convictions for two counts of assault, while affirming her conviction for making false...


Constitutional Law

Extreme gun rights

Jun. 16, 2021
By Erwin Chemerinsky

The decision of a federal court in San Diego to strike down the California ban on assault weapons is one of the most extreme g...


Law Practice

How to make a deal when the parties still want to fight

Jun. 16, 2021
By Christopher C. Melcher

When a long-term personal or business relationship sours, exiting that relationship isn’t easy. Lasting agreements cannot be r...


Technology, Civil Litigation

The lawsuit alleges that users are not informed or asked for consent to have their activities and personal information are cap...


Technology, Law Practice

Overzealous AI legal reasoning

Jun. 16, 2021
By Lance Eliot

Attorneys are expected to be zealous in the pursuit of justice for their clients. There is though a limit to this ardent goal,...


Corporate

Eastern European startup culture: value emerging

Jun. 15, 2021
By Svetlana Kamyshanskaya

During the height of the pandemic, amidst tremendous uncertainty in terms of both health and business, a wait-and-see environm...


Tax, Government

The Biden administration's so-called "Green Book" has nothing to do with the environment, and everything to do with taxes, or ...


Judges and Judiciary

Judicial outreach beats COVID: Transitions to virtual platforms

Jun. 15, 2021
By Richard L. Fruin, Diane Ritchie

COVID-19 restrictions required adaption in all walks of life, particularly in public forums. The justice system learned to ada...