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Law Practice, Ethics/Professional Responsibility

Complaints have been filed against Rudy Giuliani and Sydney Powell demanding that state bar associations discipline or disbar ...


Labor/Employment, Constitutional Law

California employers should be cognizant that their codes of conduct create an “ideological echo chamber” that runs afoul of s...


U.S. Supreme Court, Constitutional Law

To collect $1,200 plus interest, a Nebraska county took Walter Barnette’s land worth $25,000 and gave it to an investor. Walte...


Government, Criminal, Civil Litigation

As a private citizen, Donald Trump faces numerous criminal and civil legal problems. Criminal investigations are ongoing by th...


Constitutional Law

Social media, cancel culture and the First Amendment

Feb. 18, 2021
By Mari K. Rockenstein

The great deplatforming of January 2021 will likely be remembered as the turning point in the battle for control over digital ...


Law Practice, Civil Litigation

A free (Zoom) ride to the courthouse

Feb. 17, 2021
By Paul R. Kiesel

On March 9, 2020, I sat in Judge Mark Borenstein’s courtroom at the Spring Street Courthouse in Los Angeles, waiting for the j...


An interview with Harvard professor Noah Feldman

Feb. 17, 2021
By William Domnarski

Noah Feldman of Harvard seems to be everywhere, doing everything. In the law, he is, at the age of 50, the rope, ride and shoo...


Constitutional Law

Although the outcome of the impeachment trial in the Senate was preordained in that it was certain that there would not be a t...


Constitutional Law

The U.S. has seen a number of violent acts perpetrated by criminals who were influenced by popular culture — Mark David Chapma...


Appellate Practice

Writs in the pandemic era of litigation

MCLE
Feb. 16, 2021
By Arezoo Jamshidi, Elizabeth A. Evans

Navigating the writ process can be tricky, as writs suffer from less direction than their appellate counterpart. Here are some...


Law Practice, Appellate Practice

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


Criminal

In a recent case, a three-judge panel of the 9th Circuit held that a plaintiff may assert a claim under 42 U.S.C. Section 1983...


Labor/Employment, Constitutional Law

Can employers fire employees for social or political speech?

MCLE
Feb. 16, 2021
By Joshua J. Borger

It’s difficult to dispute that the Trump administration led to an increasing tension on social issues. And, people took to the...


Criminal

A federal judge in Orange County recently dismissed charges against four criminal defendants, citing an unconstitutional delay...


Lawyers in the act of practicing law can be envisioned as playing a type of game, ostensibly a variant of chess. It makes sens...


Alternative Dispute Resolution

When the show must go online

Feb. 12, 2021
By Christopher David Ruiz Cameron

It's no secret that the growing use of Microsoft Teams, WebEx, Zoom and other videoconferencing platforms to conduct arbitrati...


Education Law

City Attorney Dennis Herrera's lawsuit against the San Francisco Unified School District is a first-of-its-kind case, and indi...


Books

Men made out of words

Feb. 12, 2021
By Richard Wirick

The creation of dictionaries has its own strange body of lore, far more exciting than one would think.


Judges and Judiciary

California judges announce an award for judicial outreach programs

Feb. 11, 2021
By Richard L. Fruin, Thomas A. Delaney

The California Judges Association has established an Award that will be given every three years to an exceptional judicial out...


Insurance

The “notice-prejudice rule,” often applied in the context of occurrence-type policies, requires an insurer to prove that the i...


Real Estate/Development

The California Legislature extended the state’s existing eviction moratorium and approved new rental assistance legislation on...


Family

Why can’t I see my grandchild?

MCLE
Feb. 11, 2021
By Scott J. Nord

An uncredited quote says “no cowboy was ever faster on the draw than a grandparent pulling a baby picture out of a wallet.” An...


Criminal

Now I am not ready to jump on the Recall George Gascón bandwagon. I may be in the minority but I still want him to succeed. It...


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

Supreme Court to consider Article III standing for class members

Feb. 10, 2021
By Anna McLean, Michael A. Lundholm

In TransUnion, LLC v. Ramirez, the U.S. Supreme Court is poised to address an issue of critical importance to class action pra...


Government, Criminal

With a new day in DC for pot, are the feds not far behind?

Feb. 10, 2021
By Julie A. Werner-Simon

America is fracturing as this past presidential election and the Jan. 6 melee at the capitol demonstrated. But we are not divi...


Ethics/Professional Responsibility

Rule 5.5 prohibits a lawyer from establishing “an office or other systematic and continuous presence … for the practice of law...


Technology, Data Privacy

Prosecuted for paying ransomware ransom! How is that possible?

Feb. 10, 2021
By Daniel B. Garrie, Gail A. Andler

As our world becomes increasingly technologically driven, the risk of cybercrimes rises exponentially.


Civil Litigation

Electronic notice of class action settlements: the highest-impact Rule 23 amendment

Feb. 9, 2021
By Francesca Castagnola, Steven Weisbrot

When the Federal Rule of Civil Procedure 23 was amended in late 2018, one of the amendments opened the door to using electroni...


Labor/Employment, California Supreme Court

Wage statement laws for airline workers not preempted

Feb. 9, 2021
By David E. Mastagni

After receiving the California Supreme Court’s answers to its certified questions, the 9th Circuit held last week that airline...


Labor/Employment

Pre-employment drug testing is a common practice by California employers, and one that has not been the subject of significant...