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

High court should require agencies to be transparent about decision-making

Dec. 8, 2020
By Damien M. Schiff, Charles Yates

In a recent case the Supreme Court must grapple with a question of fundamental importance to any system of popularly accountab...


Corporate

Institutional investors’ role in diversifying boardrooms

Dec. 8, 2020
By Teresa L. Johnson, Amy V. Endicott

In the past three years, California has made headlines for requiring the boards of publicly traded companies headquartered in ...


Law Practice, Judges and Judiciary

301*

Dec. 7, 2020
By Arthur Gilbert

Granted, I made a big deal about my 300th column. When I brought it up in conversation, others would change the subject. I ack...


Law Practice, Appellate Practice

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


Government, Constitutional Law, Administrative/Regulatory

To ensure that agencies act within the law’s confines, courts, especially the Supreme Court, must hold those agencies accounta...


Immigration, Government

Over the last four years, the Trump administration has all but eliminated asylum protection in the United States.


Labor/Employment

Key COVID-19 points for employers to keep in mind in 2021

MCLE
Dec. 7, 2020
By Shaye N. Schrick

Employers must continue to navigate the various intertwining — and sometimes contradictory — employment laws affecting their w...


Law Practice, Ethics/Professional Responsibility

Catch the client’s eye: The evolution of trade names in the law

MCLE
Dec. 4, 2020
By Heather L. Rosing, David M. Majchrzak

A century ago, lawyer advertising was widely considered to be unprofessional and uncouth. In keeping with this, most law pract...


Government

Time to amend the Presidential Transition Act of 1963

Dec. 4, 2020
By Mathew S. Rosengart

There are typically about 5,000 federal job openings that a new administration needs to fill; prospective Cabinet and sub-Cabi...


Civil Litigation

Mastering the use of special masters in complex civil cases

Dec. 4, 2020
By Daniel B. Garrie, Gail A. Andler

lack of proper judicial management could cause these cases to place unnecessary burdens on the court or the litigants, raise ...


Law Practice, Ethics/Professional Responsibility

One day in March, everything changed. Governor Gavin Newsom declared a state of emergency in California and implemented a stat...


Law Practice

Thankfulness during the pandemic for California lawyers

Dec. 4, 2020
By Shari L. Klevens, Alanna G. Clair

Here are four ways that the legal profession has changed for the better this year.


Constitutional Law, Civil Litigation, California Courts of Appeal

A plea for publication: ruling on common takings issue

Dec. 4, 2020
By Michael M. Berger

The case warrants the publicity of publication because it discusses an issue that arises with some regularity, but does not us...


Criminal

2021 signals a new day for criminal justice in California

MCLE
Dec. 3, 2020
By Lara Yeretsian

Beginning Jan. 1, 2021, major reforms will affect the juvenile justice system, the treatment of misdemeanor offenders, the rig...


Labor/Employment

California Dreamin’

Dec. 3, 2020
By Anthony J. Oncidi, Kate S. Gold

What the Biden administration may mean for employers nationwide


Administrative/Regulatory

Administration change may coincide with TCPA changes

Dec. 3, 2020
By Eric J. Troutman

At nearly 30 years old, the Telephone Consumer Protection Act remains the crown jewel of the federal response to the robocall ...


Construction, Civil Litigation, California Courts of Appeal

The Listing Law assumes that when substituting one subcontractor for another, it is the direct contractor who is making the su...


Law Practice, Constitutional Law

Liberty and justice for all

Dec. 3, 2020
By William M. Crosby

The juxtaposition of liberty and justice, also found in the concluding words of the Pledge of Allegiance, should give pause to...


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

9th Circuit settles novel question over new answers

Dec. 2, 2020
By James Sigel, Adam Sorensen

The court recently settled a novel procedural question about when defendants should respond with a new answer to an amended co...


Health Care & Hospital Law, Constitutional Law

Mandatory vaccinations and the Constitution

Dec. 2, 2020
By David Belcher, Michael Belcher

Although Americans’ willingness to receive a COVID-19 vaccine has increased in recent weeks, current levels of support are unl...


Technology, Law Practice

AI is going to be crucial for lawyers and lawmakers, but defining AI is a lot harder than it might seem. Those versed in the p...


Tax, Labor/Employment

A new ruling from the Internal Revenue Service adds more uncertainty — businesses now face the choice of a greater tax burden ...


U.S. Supreme Court, Judges and Judiciary

Jumbled justices

MCLE
Dec. 1, 2020
By Benjamin G. Shatz

With only a few over a hundred justices in the court’s history, you might think there’d be no reason for confusion. Surely the...


Intellectual Property

The COVID-19 pandemic has prompted an intense and wide-ranging stampede by pharmaceutical companies, research institutions, ph...


Securities, Administrative/Regulatory

SEC adopts final rules to improve access to capital

Dec. 1, 2020
By Sara L. Terheggen

On Nov. 2, the SEC adopted final rules to reduce the complexity and “promote capital formation and expand investment opportuni...


Government, Constitutional Law

Commentators are divided on whether a presidential self-pardon is constitutional. The Constitution does not expressly prohibit...


Law Practice, Judges and Judiciary

Changes to court rules and procedures during COVID-19

MCLE
Nov. 30, 2020
By Gerald L. Sauer

This article examines statutory changes enacted during and in response to the pandemic, as well as procedural changes implemen...


U.S. Supreme Court, Constitutional Law

Do farmers have property rights?

Nov. 30, 2020
By Michael M. Berger


Technology, Government

The shady side of the Communications Decency Act

Nov. 30, 2020
By Christa H. Ramey

In so-called “tea rooms” or “shade rooms,” teenagers post disparaging comments and photos of their peers with impunity and rec...


Education Law, California Courts of Appeal

Ruling says Unruh Act does not apply to school districts

Nov. 27, 2020
By David Urban, Kristin Lindgren

The question of whether public school districts constitute “business establishments” under the Unruh Civil Rights Act and are ...