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Intellectual Property

End of the Iancu era: Is the PTAB pendulum poised to swing again?

Feb. 1, 2021
By Brenton R. Babcock, Tyler R. Train

On Jan. 19, the 58th director of the U.S. Patent and Trademark Office, Andrei Iancu, stepped down from his post, the day befor...


Letters, Judges and Judiciary, Appellate Practice

I write to address comments by three appellate specialists in the Daily Journal’s January 29 article, “Complaint against 3rd D...


Labor/Employment, California Supreme Court

Dynamex’s classification test applies retroactively

MCLE
Jan. 29, 2021
By Felix Shafir

The California Supreme Court recently ruled that the "ABC test" applied Dynamex is retroactive.


Environmental & Energy

DC Court of Appeals strikes down Trump EPA’s ACE rule

Jan. 29, 2021
By Niran S. Somasundaram, Madison DiZinno

On the eve of President Joe Biden's inauguration, a split-panel opinion by the U.S. Court of Appeals for the D.C. Circuit deli...


Insurance, Civil Litigation

In 2020 California courts rendered a number of significant decisions regarding insurance.


Criminal, California Courts of Appeal

Rulings limit scope of gang and firearms expert testimony

Jan. 29, 2021
By Dmitry Gorin, Alan Eisner

The California Courts of Appeal handed down two recent decisions which will have important impacts on the admissibility and sc...


Alternative Dispute Resolution

Rule 9 for mediation

Jan. 29, 2021
By Robert S. Mann

Assume that the person you are listening to knows something you don’t.


In a welcome reprieve the night before the inauguration, opportunity zone investors now have more time to invest their gains.


Arbitrability: searching for assent

Jan. 28, 2021
By Gary A. Watt, Patrick Burns

Two recent decisions of the California Court of Appeal reached different conclusions on arbitrability.


Last July, the U.S. Supreme Court said, in essence, that the president is not above the law.


If Gov. Gavin Newsom appoints Justice Liu as our state’s top lawyer, the California Department of Justice will have a leader w...


There is a great deal of angst about personal digital identity and how to best legally provide a means for the public to mitig...


A new era of immigration law under the Biden administration

Jan. 27, 2021
By Eli M. Kantor, Jonathan D. Kantor

On President Joe Biden’s first day of office, he sent landmark comprehensive immigration reform legislation to Congress.


Labor/Employment, Government

Last week, Americans, many of whom had no clue what the N-L-R-B stands for, suddenly were either overjoyed or outraged that, a...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

Possibly the US Supreme Court’s next takings case

Jan. 27, 2021
By Michael M. Berger

This is a saga from the Hawaiian Islands. It being Hawaii and this being a column about property rights, it will not surprise ...


Labor/Employment, Insurance, Civil Litigation

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that compa...


Letters, Law Practice, Ethics/Professional Responsibility

Civility has not been decreasing; it’s increasing

Jan. 26, 2021
By Benjamin H. Ballard III

Civility is essential in our profession, but I disagree that it is decreasing in our profession.


Letters, Criminal

Suddenly, striking of a strike prior is an issue?

Jan. 26, 2021
By Jennifer Friedman

Former district attorney administrations often did not pursue third strike prosecutions where the current offense was not that...


About the only thing we can seem to collectively agree on when it comes to Section 230 of the Communications Decency Act is th...


Government

To tweet or not to tweet?

Jan. 26, 2021
By Elizabeth M. Fratarcangeli

A new California law regulates public officials’ use of social media platforms.


Tax, Intellectual Property, Civil Litigation

Most people — even those who know very little about taxes — are likely to say that a stream of royalties is probably taxed as ...


Law Practice, Civil Litigation, Appellate Practice, 9th U.S. Circuit Court of Appeals

New year, new rules in the 9th Circuit

MCLE
Jan. 25, 2021
By Susan Yorke

With so much going on, you may have missed the release of the 9th Circuit’s updated rules, which took effect on Dec. 1, 2020.


Government, Civil Litigation

The eminent domain process: trials

MCLE
Jan. 25, 2021
By Neli N. Palma

In this article and accompanying self-study test, readers will learn about trial procedures in eminent domain cases.


Immigration, Government

On President Joe Biden’s first day in office, the Department of Homeland Security announced that it would stop adding people t...


Law Practice, Judges and Judiciary

For 20 years I have been an individual calendar judge in Department 15 at the Stanley Mosk Courthouse.


Securities, Corporate

Direct listings: expanding the paths to public

Jan. 25, 2021
By Sara L. Terheggen

There is not a one-size-fits-all direction and there are several key distinctions between the two types of going public option...


U.S. Supreme Court, Constitutional Law

2020: COVID-19 versus the First Amendment

Jan. 22, 2021
By Alexis Miller Buese, Dino LaVerghetta

In an evolving series of cases, restrictions on “nonessential” activities, including worship, have compelled the U.S. Supreme ...


Labor/Employment

Proposition 22 and the tenuous path forward for app-based companies

MCLE
Jan. 22, 2021
By Jade Butman, Andrea Chavez

After following a straight line for a few decades, the law in California regarding the proper classification of workers as eit...


Law Practice, Ethics/Professional Responsibility

The rise of incivility in the legal profession

Jan. 22, 2021
By Dan Jacobson

Any argument that such behavior is excused by a lawyer’s duty to zealously advocate for his or her client must fall on deaf ea...


Labor/Employment

Employers are likely to begin settling claims they would once have litigated, and employees — who once would have held out for...