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Letters, Law Practice

Examination article should be required reading

Nov. 27, 2020
By Rolf M. Treu

The excellent article of Messrs. Rushing and Hendricks on direct and cross examination should be required reading in every law...


Tax, Law Practice

Before making a payment, many companies across a wide variety of contexts will ask you for an IRS Form W-9. What is it, and if...


Labor/Employment

Last week, the Cal/OSHA Standards Board approved new emergency standards mandating employers take certain precautions to help ...


Criminal

The impossibility of Brady: Compliance depends upon imagination

MCLE
Nov. 25, 2020
By Christopher R. Ulrich

The stakes of Brady compliance are high — as they should be — and a prosecutor’s failure to disclose Brady material to the def...


Tax, Criminal

White collar crime tax deduction affects victims and prosecutors

Nov. 25, 2020
By Antonio R. Sarabia II, John Palermo

The Tax Cuts and Jobs Act of 2017 codified a surprising tax deduction for some white collar criminal defendants — and a new ob...


Law Practice

Direct and cross examination: The art of asking questions

MCLE
Nov. 25, 2020
By Don G. Rushing, Christopher Hendricks

One of an attorneys most powerful tools is the ability to call and orally examine witnesses under oath.


Appellate Practice, 9th U.S. Circuit Court of Appeals

Consumer arbitration wrinkles

Nov. 25, 2020
By Gary A. Watt, Patrick Burns

The 9th Circuit recently issued two opinions involving consumers and arbitration agreements.


Law Practice

Officer of the court

Nov. 24, 2020
By Curtis E.A. Karnow

The lawyer’s job description is this: officer of the court. This is true without regard to whether the lawyer ever steps foot ...


Law Practice

Rusty warriors

Nov. 24, 2020
By Gary A. Dordick

A boxer who has had a long layoff between bouts is rusty when he gets back in the ring. He moves a bit slower and lacks the sa...


Debates ensue over whether today’s law is overly complex and needs to be simplified. In the future, as artificial intelligence...


Intellectual Property

On Nov. 4, the Northern District of California amended its Patent Local Rules to clarify when, and to what extent, disclosures...


Tax, Real Estate/Development

As the economy attempts to climb out of the economic recession fueled by the COVID-19 pandemic, a new form of opportunity zone...


Administrative/Regulatory

One of the reasons this industry is so highly targeted is that many of these products sell for under $10 and are sold in big-b...


U.S. Supreme Court, Appellate Practice

Shadow precedent?

Nov. 23, 2020
By Susan Yorke

Making sense of the precedential value of the US Supreme Court’s non-merits orders


Bankruptcy

It’s time for Congress to address bankruptcy venue

Nov. 23, 2020
By Brian Davidoff, Elissa Miller

What do the Dodgers, American Apparel, Rubio’s Fish Tacos, California Pizza Kitchen, MGM Studios and Pacific Sunwear have in c...


Labor/Employment

Gazing into the employment law crystal ball for 2021

Nov. 23, 2020
By Todd R. Wulffson

Businesses in California have a solid, triple threat coming at them right now — a new year, a new administration in Washington...


Government, Criminal

Psychedelic drugs, such as psilocybin mushrooms, ayahuasca and peyote, are federally illegal. Nevertheless, over the next few ...


Torts/Personal Injury, Labor/Employment

Even if you do not litigate long-term disability claims, understanding their importance will guide clients in the right direction


Data Privacy

CPRA’s impact on CCPA enforcement and compliance

Nov. 20, 2020
By Sheri Rockwell, Alexis Miller Buese

California is once again on the forefront of data privacy law with the passage of Proposition 24, the California Privacy Right...


Government, Covid Columns

California has set new statewide restrictions and pulled an “emergency brake” of reopening rollbacks in counties across the st...


U.S. Supreme Court, Health Care & Hospital Law, Constitutional Law

The U.S. Supreme Court heard oral argument last week in the most controversial cases of the term, concerning the constitutiona...


Insurance

The 2020 California wildfire season has involved the largest and most destructive fires on record in state history. Cannabis g...


Tax, Law Practice

Lawyers, settlements and taxes

MCLE
Nov. 19, 2020
By Robert W. Wood

A guide for the unwary


Technology, Law Practice

There is a palpable and ongoing tension underlying the role of sentiment in both the practice of law and throughout our courts...


Power shutoffs: What California water providers should know

MCLE
Nov. 18, 2020
By Willis Hon, Tara Paul

Over the past few years, catastrophic wildfires in California have led to an increased use of public safety power shutoff, oft...


Data Privacy, Administrative/Regulatory

While the FCC under Ajit Pai’s leadership may be expected to disavow any responsibility for videoconferencing on the basis tha...


U.S. Supreme Court, Constitutional Law, Civil Rights

Discrimination based on religion

Nov. 17, 2020
By Erwin Chemerinsky

During recent oral arguments, Justice Amy Coney Barret rightly said: “I think we would agree that there’s really not any circu...


Torts/Personal Injury

Last week, Jonathan “Mac” Williamson, a former standout outfielder for the San Francisco Giants, filed a negligence and premis...


Law Practice

Notwithstanding constitutional limitations, the Legislature has provided that in probate conservatorship proceedings — cases i...


Tax, Covid Columns

What a year 2020 has been. Many people in California and elsewhere are still working remotely. In some cases, that includes pe...