If your uncle, best friend or bank loans you money, is it taxable? Nope, not if it’s a real loan. But the loan or income disti...
Constitutional Law, California Supreme Court
Major 1st Amendment case pending before US high court
By John H. Minan
A pivotal First Amendment case involving student use of social media and the allowable boundaries of school regulation of off-...
The intentional deprivation of the life of an appeal can occur contractually.
Appellate Practice
Bench trials on appeal: top tips for preserving appellate issues
By Arezoo Jamshidi, Elizabeth A. Evans
Here is a quick introduction to the Los Angeles County Bench Trial Pilot Program and some tips for preserving appellate issues...
Criminal, Constitutional Law
Qualified immunity reform: Don’t forget about state courts
By Robert L. Bastian Jr.
While struggle over reform or repeal of the shield on police and prison guard abuse and misconduct continues in Congress and i...
Government, Antitrust & Trade Reg.
Klobuchar proposes bill that would overhaul US antitrust law
By David Pearl
In February, Sen. Amy Klobuchar, Chair of the Senate Antitrust Subcommittee, introduced the Competition and Antitrust Law Enfo...
Intellectual Property
The growing split over presuming irreparable harm in federal trade secret cases
By Conor Tucker
Irreparable harm, although a necessary element of injunctive relief, can be difficult to pin down in unfair competition cases....
New decisions on expert testimony in legal malpractice cases
By Corinne C. Bertsche, Kenneth C. Feldman
There has been a paucity of published cases addressing causation in legal malpractice actions over the past several years. How...
Technology, Law Practice, Alternative Dispute Resolution
Virtual arbitrations provide litigants solutions
By Robert B. Milligan, Meghan M. McBerry
As the legal industry adapts to society’s increasing dependence on technology, proceedings previously conducted in person have...
Law Practice, Ethics/Professional Responsibility
Social media use can be a Catch-22 for attorneys
By Arash Homampour
Whether for personal interactions or for political and commercial purposes, everyone these days seems to be on Facebook, Twitt...
U.S. Supreme Court, Constitutional Law
Supreme Court ruling doubles down on property rights
By Daniel Woislaw
A unanimous Supreme Court held that if the cops want to get inside your house and take your guns, they’re going to need a warr...
U.S. Supreme Court, Civil Litigation, Alternative Dispute Resolution
Case to resolve split on stateside discovery for foreign arbitration
By Gary A. Watt, Patrick Burns
Under 28 U.S.C. Section 1782(a), a federal district court can order a resident of its district to testify or produce documents...
Law Practice, Judges and Judiciary
A deep dive into Senate Bill 724, the new conservatorship bill
By Clifford L. Klein
Notwithstanding the dangers of celebrity-legislating, the attention to conservatorships created by the Britney Spears case has...
Labor/Employment
As California reopens, employers have duties to laid-off employees
By David Hatch
As California is aiming to scrap the color-coded tier system that has restricted the operations of businesses by June 15, Gov....
Immigration
Granted clemency by Newsom but turned over to ICE. Why?
By Enrique Cristobal
Last November, I was supposed to go home. I had served 17 years in prison for a crime I committed at age 20. I was granted cle...
Criminal, California Courts of Appeal, Appellate Practice
Criminal appeals languish in 3rd District
By Jon B. Eisenberg
Of 400 or so 3rd District decisions in cases since 2018 that have languished between two and eight years, some 250 are in crim...
Immigration, Civil Rights, California Supreme Court
Anti-Asian discrimination in California, circa 1852
By John S. Caragozian
The current wave of anti-Asian prejudice has long-standing antecedents in California. As but one early example, the state repe...
Criminal
Emerging social science can inform pretrial release decisions
By Rita F. Lin, Christine Van Aken
A recent explosion of social science research documents the collateral consequences of pretrial incarceration, such as the los...
Government, Constitutional Law
Proposed ghost guns rule would leave room for state regulation
By Scott A. Edelman, Jillian N. London
On May 7, the Justice Department released a proposed rule that adds teeth to President Joe Biden’s promise to crack down on “g...
Appellate Practice
A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal
By Bradley J. Hamburger, Jeremy S. Smith
Federal Rule of Appellate Procedure 5 has an unusual gap.
Environmental & Energy
Biden administration renews focus on federal PFAS regulation
By Meghan Quinn, Madeline Weissman
Until recently, individual states led the initial push to comprehensively regulate per- and polyfluoroalkyl substances.
Technology, Law Practice
Canons of contradiction reveal complexities for AI and the law
By Lance Eliot
Good attorneys know that they must stridently attempt to anticipate the legal posturing that their opposition will seek to dep...
Artificial intelligence has been making its debut for some time now partially because the term means so many things to so many...
Constitutional Law, Civil Litigation
Opioid trials remind us of importance of Brady rights
By Nina Marino
The reason for the startling default judgment against the Endo defendants in a recent case was founded in a fraud on the court...
Military Law, Criminal
Sexual assault: The law versus accountability
By William Slomanson
The time has come to revisit the Feres problem of whether intra-military sexual assault qualifies as an “activity incident to ...
U.S. Supreme Court, Environmental & Energy
Ruling may give oil companies upper hand in climate change cases
By Darrin D. Gambelin, Monica Browner
A recent Supreme Court ruling may give oil companies an advantage when it comes to removing climate change lawsuits to federal...
Judges and Judiciary, Civil Litigation
Dear BigLaw Litigation Partners,
By Sunil R. Kulkarni
Not so long ago, I was one of you. Trust me when I say that I generally understand the various pressures you face. But I now h...
Government, Criminal, 9th U.S. Circuit Court of Appeals
Ruling says law tolls SOL for decades in criminal cases involving fraud on federal programs
By Alexander F. Porter
The 9th Circuit recently issued a ruling that extends the statute of limitations in certain criminal cases potentially for dec...
International Law, Intellectual Property
European trademark law unknowns settled in case against LA winery
By Katherine Bond, Jeffrey Sheldon
Two unknowns of European trademark law were just answered in a case involving one of the oldest and largest wineries in Los An...
Immediately upon taking office last December, Los Angeles District Attorney George Gascón announced several abrupt and controv...