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Government, Constitutional Law

Invalid appointments and the restoration of DACA

MCLE
Jan. 4, 2021
By Ethan D. Dettmer, Suria M. Bahadue

Unless Congress provides otherwise, most federal vacancy appointments are governed by the Federal Vacancies Reform Act.


Government, Administrative/Regulatory

The hurried effort to repeal Section 230 is ill-advised

Jan. 4, 2021
By Daniel B. Lifschitz

Although passed in response to the digital revolution, Section 230’s protections are far from novel.


Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals

A recent case further expands protection for employees and their beneficiaries by expanding the circumstances their medical pr...


Law Practice, Appellate Practice

Staring ace trial lawyer Flash Feinberg and his trust sidekick Professor Plato.


Tax, Law Practice

Legal malpractice claims arise out of accident and medical malpractice cases, wills and trusts, divorce, litigation, tax advic...


Immigration, Government

Immigration changes to look for under the Biden administration

Jan. 4, 2021
By Eli M. Kantor, Jonathan D. Kantor

President-elect Joe Biden has already highlighted some of the immigration policies that he would like to implement during his ...


Law Practice, Ethics/Professional Responsibility

The coronavirus pandemic has been no zombie apocalypse, but it has forced law firms to reevaluate how they do business, partic...


Law Practice, Ethics/Professional Responsibility

The line between zealous advocacy and contempt

Dec. 31, 2020
By Franklin R. Garfield

The duty of zealous advocacy on behalf of a client is an established tenet of the adversarial process that examines issues fro...


Tax, Labor/Employment

Expenses with PPP loans can be written off

Dec. 31, 2020
By Robert W. Wood

The Paycheck Protection Program was the centerpiece of the CARES Act, providing loans to businesses of up to $10 million. If y...


Law Practice, Ethics/Professional Responsibility

A lawyer's duty not to pursue frivolous claims has entered the public discourse, thanks to the 50-plus lawsuits that the Trump...


Labor/Employment

In what could surely be called a Christmas miracle, millions of doses of COVID-19 vaccine have been distributed and are being ...


Law Practice, Ethics/Professional Responsibility, Alternative Dispute Resolution

Arbitration award challenge comes with steep price

Dec. 31, 2020
By Zareh Jaltorossian

California Code of Civil Procedure Section 904.1 grants parties the right to appeal a number of appealable orders and judgment...


Law Practice, Ethics/Professional Responsibility

Warning: Getting paid and not letting go of unearned fees

Dec. 31, 2020
By Ira M. Friedman, David Friedman

In 2020 we saw some high-flying attorneys come crashing down due to ethical problems. While it is (hopefully) easy to see how ...


Military Law

Sergeant First Class Richard Stayskal would get his second chance. Stayskal, who’s lung cancer was misdiagnosed by Army doctor...


Intellectual Property, Civil Litigation

Privilege waiver and good faith reliance on non-privileged information

MCLE
Dec. 30, 2020
By Richard S.J. Hung, Yuqing Cui

If extended to the context of willful patent infringement, a recent ruling would suggest an implied privilege waiver in many c...


Government, Environmental & Energy, Administrative/Regulatory

Priorities for President-elect Joe Biden’s EPA

Dec. 30, 2020
By Richard M. Frank

It’s been a long and dispiriting four years for the U.S. Environmental Protection Agency under President Donald Trump.


Government, Environmental & Energy, Administrative/Regulatory

As it began, so it ends. Over the past four years, the Trump administration has proposed a multitude of changes to environment...


Intellectual Property

Cannabis businesses have been able to find creative solutions for protecting their intellectual property rights — at least to...


Insurance, Environmental & Energy

Defining environmental contamination insurance costs

Dec. 30, 2020
By Jordan Stanzler

Policyholders seek to maximize the benefits of insurance by characterizing costs as defense costs, while insurance companies s...


Civil Litigation

The supplemental request is an often underutilized tool in discovery in the current litigation environment. It’s so underutili...


Technology, Law Practice, Antitrust & Trade Reg.

There is a resurgence of interest in antitrust laws, aimed especially at the tech field and qualms about tech firms that have ...


U.S. Supreme Court, Criminal

The court will decide whether the Computer Fraud and Abuse Act is essentially an anti-hacking statute or a data protection sta...


Law Practice, Judges and Judiciary, California Supreme Court

When it comes to terminology that is acceptable in legal briefs and judicial opinions, the California Style Manual is the bibl...


Law Practice, Civil Litigation

By the time the session closed on Sept. 30, less than half the typical number of bills had won final approval, with 372 chapte...


Labor/Employment, Civil Litigation, California Courts of Appeal

Ruling extends ‘home base’ rule to apply Labor Code to oil rigs

Dec. 29, 2020
By David E. Mastagni, Taylor Davies-Mahaffey

An appellate court held that California labor laws applied to crew members on a boat that docked at a California port and prov...


Law Practice, Appellate Practice

Amicus participation in appellate litigation: a guide

MCLE
Dec. 28, 2020
By Johanna Schiavoni

Since the goal is to present your case in a complete and helpful way, and ultimately to persuade the appellate court to agree ...


U.S. Supreme Court, Constitutional Law

A recent U.S. Supreme Court decision continues an important yet overlooked trend at the court since the early 1990s: broad agr...


Entertainment & Sports, Civil Litigation, Antitrust & Trade Reg.

Antitrust law is back in the spotlight.


Covid Columns, Civil Litigation

When tuna rolls and $32 ribs are essential items

Dec. 28, 2020
By Scott Pressman, Allison M. Scott

Essentials during an emergency: Gasoline? Check. Groceries? Check. Medicine? Check. $32 restaurant prepared barbecue ribs? …Ch...


Article V should be amended by reducing the state ratification threshold from three-fourths to two-thirds. This would make the...