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Environmental & Energy, Administrative/Regulatory

Regulators propose major reform to Prop 65 short warnings

Feb. 23, 2021
By Willis M. Wagner, Deepi K. Miller

The California Office of Environmental Health Hazard Assessment, known as OEHHA, recently proposed amending certain regulation...


Law Practice, Civil Litigation, Appellate Practice

5 jury trial mistakes that can crush meritorious appeals

Feb. 22, 2021
By Rex S. Heinke, Ben Feuer

As California begins to emerge from the darkest pandemic months, it is a good time for trial lawyers to remember some of the t...


Criminal

A sharp rebuke to some of Gascón’s most controversial policies

Feb. 22, 2021
By Dmitry Gorin, Alan Eisner

While a judge took issue with some of the new DA’s most controversial policies, others were left in place. Either way, it appe...


Real Estate/Development

How neighborhoods can fight nuisance properties

Feb. 22, 2021
By Ryan Griffith

Dealing with severe nuisance properties presents unique challenges for cities, because typical code enforcement efforts of not...


Constitutional Law

Many private organizations, including those in which people are essentially required to join for business purposes, will likel...


For 2020 payments, the IRS developed a new form for reporting payments to independent contractors. The new form is IRS Form 10...


Law Practice, Ethics/Professional Responsibility

We cope with anxiety, stress, depression and other imbalances in our own ways, such as meditation, physical activity, hobbies,...


Health Care & Hospital Law

Therapists need clarity on duty to warn of patients’ violent threats

Feb. 19, 2021
By Alexander C. Sones M.D., Robert Weinstock

The varied interpretations of the leading case on the issue create three salient problems for practicing psychotherapists. Fir...


Technology, Law Practice

Attorneys usually charge for their legal advisory services on an hourly basis, including charging at some minimum unit of time...


U.S. Supreme Court, California Supreme Court

Everyone gets along on the California Supreme Court

Feb. 19, 2021
By David A. Carrillo, Stephen M. Duvernay

The California Supreme Court and the U.S. Supreme Court are moving in opposite directions — but not in the way you might think.


Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

9th Circuit reluctantly fends off constitutional challenge to FTC

Feb. 19, 2021
By James Sigel, Adam Sorensen

In a recent decision, a divided panel of the federal appeals court held that a plaintiff seeking to challenge the constitution...


Law Practice, Ethics/Professional Responsibility

Ethically conducting trial in the court of public opinion

Feb. 19, 2021
By David M. Majchrzak, Heather L. Rosing

Phineas T. Barnum is often attributed with introducing the notion that there is no such thing as bad publicity. But clients wh...


U.S. Supreme Court, Securities

A setback for the broadening of insider trading liability

Feb. 18, 2021
By Michael M. Farhang

The U.S. Supreme Court’s recent decision to summarily vacate a 2nd Circuit ruling has generated new questions about the permis...


Law Practice, Ethics/Professional Responsibility

Complaints have been filed against Rudy Giuliani and Sydney Powell demanding that state bar associations discipline or disbar ...


Labor/Employment, Constitutional Law

California employers should be cognizant that their codes of conduct create an “ideological echo chamber” that runs afoul of s...


U.S. Supreme Court, Constitutional Law

To collect $1,200 plus interest, a Nebraska county took Walter Barnette’s land worth $25,000 and gave it to an investor. Walte...


Government, Criminal, Civil Litigation

As a private citizen, Donald Trump faces numerous criminal and civil legal problems. Criminal investigations are ongoing by th...


Constitutional Law

Social media, cancel culture and the First Amendment

Feb. 18, 2021
By Mari K. Rockenstein

The great deplatforming of January 2021 will likely be remembered as the turning point in the battle for control over digital ...


Law Practice, Civil Litigation

A free (Zoom) ride to the courthouse

Feb. 17, 2021
By Paul R. Kiesel

On March 9, 2020, I sat in Judge Mark Borenstein’s courtroom at the Spring Street Courthouse in Los Angeles, waiting for the j...


An interview with Harvard professor Noah Feldman

Feb. 17, 2021
By William Domnarski

Noah Feldman of Harvard seems to be everywhere, doing everything. In the law, he is, at the age of 50, the rope, ride and shoo...


Constitutional Law

Although the outcome of the impeachment trial in the Senate was preordained in that it was certain that there would not be a t...


Constitutional Law

The U.S. has seen a number of violent acts perpetrated by criminals who were influenced by popular culture — Mark David Chapma...


Appellate Practice

Writs in the pandemic era of litigation

MCLE
Feb. 16, 2021
By Arezoo Jamshidi, Elizabeth A. Evans

Navigating the writ process can be tricky, as writs suffer from less direction than their appellate counterpart. Here are some...


Law Practice, Appellate Practice

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


Criminal

In a recent case, a three-judge panel of the 9th Circuit held that a plaintiff may assert a claim under 42 U.S.C. Section 1983...


Labor/Employment, Constitutional Law

Can employers fire employees for social or political speech?

MCLE
Feb. 16, 2021
By Joshua J. Borger

It’s difficult to dispute that the Trump administration led to an increasing tension on social issues. And, people took to the...


Criminal

A federal judge in Orange County recently dismissed charges against four criminal defendants, citing an unconstitutional delay...


Lawyers in the act of practicing law can be envisioned as playing a type of game, ostensibly a variant of chess. It makes sens...


Alternative Dispute Resolution

When the show must go online

Feb. 12, 2021
By Christopher David Ruiz Cameron

It's no secret that the growing use of Microsoft Teams, WebEx, Zoom and other videoconferencing platforms to conduct arbitrati...


Education Law

City Attorney Dennis Herrera's lawsuit against the San Francisco Unified School District is a first-of-its-kind case, and indi...