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Letters, Criminal

Jeffrey Clayton’s Dec. 22 column, “Gascón lacks authority to end cash bail,” grossly misinterpreted District Attorney George G...


Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

Qui tam actions can avoid arbitration in California

Dec. 24, 2020
By Marc D. Alexander

A recent appellate opinion held that a qui tam action involving the California Insurance Fraud Protection Act to combat insura...


Law Practice, Civil Litigation, Alternative Dispute Resolution

Discovery referees: A useful tool

MCLE
Dec. 24, 2020
By Michael S. Fields

For or complex discovery issues, reference to a discovery referee can help expedite the trial process.


Administrative/Regulatory

Despite statutory limitations, over the decades the California Coastal Commission’s mission and jurisdiction have steadily met...


Law Practice

Law firms should recognize their ‘Rudolphs’

Dec. 24, 2020
By Nathan M. Davis, Juanita Fernandez

Take time to recognize and honor the different identities on your team


Corporate, Antitrust & Trade Reg., Administrative/Regulatory

Time will tell whether the divided approach in the Google antitrust cases will work.


Law Practice, Ethics/Professional Responsibility, California Courts of Appeal, Alternative Dispute Resolution

The gist: “The Court of Appeal is not an appropriate forum to peddle far-fetched conspiracy theories, laced with sexism and ho...


Law Practice, Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution

A recent case emphasizes the importance of proper drafting of arbitration clauses in order to ensure the likelihood an arbitra...


Construction, Civil Litigation, California Courts of Appeal

A recent appellate ruling clarifies that product manufacturers can escape liability simply because their defective products ar...


In the early days of the coronavirus pandemic, California took swift action to protect workers and the public.


Real Estate/Development, Government, Covid Columns


Government, Criminal

Gascón lacks authority to end cash bail

Dec. 22, 2020
By Jeffrey J. Clayton

Newly elected Los Angeles County District Attorney George Gascón is clearly a man on a mission to create new laws, whether the...


County prosecutors are embracing the obsoletion of misdemeanors as a remedy for an overburdened criminal justice system, relyi...


Government, Constitutional Law

The U.S. Constitution, Article II, Section 2, gives the president the power “to grant Reprieves and Pardons for offenses again...


Technology, Law Practice

Heated debate continues relentlessly regarding the U.S. Constitution and the meaning of this venerated document. One innovativ...


Judges and Judiciary, Government

One cheer for the courts that held the line in 2020

Dec. 22, 2020
By Robert L. Bastian Jr.

A Trump-appointed jurist said it most resonantly. Rejecting one of the 60 or so Republican lawsuits challenging the 2020 presi...


Government, Corporate, Antitrust & Trade Reg.

The cases against Facebook

Dec. 21, 2020
By David W. Kesselman, Amy T. Brantly

The recent antitrust cases against the social media giant signal new approach to antitrust enforcement


U.S. Supreme Court, Government, Constitutional Law, Administrative/Regulatory

What's the right remedy for a constitutional structural wrong?

Dec. 21, 2020
By Anne Voigts, Michael D. Roth

The U.S. Supreme Court left open one key question in its recent Seila Law decision: whether past actions taken by the CFPB und...


Law Practice, Intellectual Property

Can businesses use third-party trademarks on their websites?

MCLE
Dec. 21, 2020
By Josh Eichenstein

As the internet ever-increasingly becomes the default medium for advertising and commerce, businesses are pushing the boundari...


Labor/Employment

Employers: Navigating changes to the California Family Rights Act

Dec. 21, 2020
By Wendy M. Lazerson, Galit A. Knotz

Important but little noticed changes to the California Family Rights Act become effective Jan. 1, and employers must be up to ...


Law Practice, Appellate Practice

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


Education Law

This article compares Title IX investigations in recent cases at both universities and discuss the lessons learned.


Tax, Real Estate/Development

With the end of the year nearing, investors must quickly yet carefully consider last minute tax planning strategies.


Securities, Government, Administrative/Regulatory

The SEC’s successful enforcement year

Dec. 18, 2020
By Nicolas Morgan, Thomas A. Zaccaro

In 2020, the Securities and Exchange Commission’s Enforcement Division achieved what Director Stephanie Avakian described as “...


Law Practice, Judges and Judiciary

Time to end disability stigmas in judicial opinions

Dec. 18, 2020
By Thomas F. Coleman

A well-reasoned appellate opinion came to my attention the other day. Its conclusion upheld the social decision-making rights ...


Education Law, Civil Rights

Developments related to sexual misconduct on college campuses

MCLE
Dec. 18, 2020
By Robyn C. Crowther, Brenda Star Adams

Constant changes at the state and federal levels promise further evolution of this area of law in the coming years.


Law Practice, Judges and Judiciary, Criminal

The future of trial-borne justice

Dec. 17, 2020
By Eric Schweitzer

The time is now for us to demand and to expect real solutions that blend adaptation where it fits with preservation of core ri...


Education Law, Constitutional Law

Here are four significant areas of First Amendment law in which courts will likely set new precedent in the new year.


Law Practice, Civil Litigation

A first-person account of a jury trial during COVID-19

Dec. 17, 2020
By Matthew A. Goodin, William O. Stein

We never thought being an attorney was a hazardous job. Maybe back pain from sitting too much and a couple paper cuts were to ...


Technology, Law Practice

There is a rising concern that advances in artificial intelligence are tending toward the possibility of using AI-based comput...