Intellectual Property
End of the Iancu era: Is the PTAB pendulum poised to swing again?
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
Court website undermines comments about delay in the 3rd District
By Jon B. Eisenberg
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
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
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
Year in review: Significant insurance law decisions from 2020
By Kirk A. Pasich
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
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...
Assume that the person you are listening to knows something you don’t.
IRS gives opportunity zone investors additional COVID-19 relief
By Phil Jelsma
In a welcome reprieve the night before the inauguration, opportunity zone investors now have more time to invest their gains.
Arbitrability: searching for assent
By Gary A. Watt, Patrick Burns
Two recent decisions of the California Court of Appeal reached different conclusions on arbitrability.
Vance vanquished the idea that a president is above the law
By David Boyle
Last July, the U.S. Supreme Court said, in essence, that the president is not above the law.
Justice Liu: A leader who models the best values in our profession
By LaToya Baldwin Clark
If Gov. Gavin Newsom appoints Justice Liu as our state’s top lawyer, the California Department of Justice will have a leader w...
Personal digital identity as legal artifact and the role of AI
By Lance Eliot
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
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
Biden’s firing of NLRB general counsel: It’s politics as usual
By Michael H. Leb
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
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
Negligent retention, hiring rulings show importance of policy language
By Peter S. Selvin
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
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?
By Jennifer Friedman
Former district attorney administrations often did not pursue third strike prosecutions where the current offense was not that...
Constitutional Law
Limiting Section 230 immunity: It isn’t a speech constraint; it’s a free market issue
By Christa H. Ramey
About the only thing we can seem to collectively agree on when it comes to Section 230 of the Communications Decency Act is th...
A new California law regulates public officials’ use of social media platforms.
Tax, Intellectual Property, Civil Litigation
Capital gains in patent cases: When is a recovery not taxed as ordinary income?
By Robert W. Wood
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
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.
In this article and accompanying self-study test, readers will learn about trial procedures in eminent domain cases.
Immigration, Government
After 2 years, ‘remain’ remains, and its human toll keeps rising
By Julia Neusner
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
2020: motion statistics in an individual calendar court
By Richard L. Fruin
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
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
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
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
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
COVID-19 rewrites the employment discrimination playbook
By Sonya D. Goodwin
Employers are likely to begin settling claims they would once have litigated, and employees — who once would have held out for...