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Labor/Employment, Government, Covid Columns

LA gets novel COVID-19 workplace safety compliance monitoring program

Nov. 17, 2020
By Brandon Young, Jacob Itzkowitz

Over the last several months, Los Angeles County has been on the cutting edge of developing novel solutions to the education a...


Appellate Practice

The respondent’s brief

Nov. 16, 2020
By Myron Moskovitz

There are a few things to note specifically about the respondent’s brief.


Constitutional Law, Appellate Practice

WWLHD? (What would the Legislature have done?

Nov. 16, 2020
By Brian M. Hoffstadt

Of late, the California Supreme Court has devoted a fair bit of its time to resolving ambiguities in several of the recently a...


Criminal

Prop 25 voters rejected false narrative of class warfare

Nov. 16, 2020
By Jeffrey J. Clayton

The defeat of California’s Proposition 25 may have come as a surprise to some, but not to those who have closely watched the d...


Intellectual Property

Ruling may diminish ability to avoid induced infringement liability

Nov. 16, 2020
By Vern Norviel, Prashant Girinath

Recently, the U.S. Court of Appeal for the Federal Circuit issued a split panel decision on induced infringement.


Law Practice, Judges and Judiciary

In-person civil jury trial success in OC

Nov. 13, 2020
By James J. Di Cesare, Dennis Ma

The COVID-19 pandemic has forced courts all over the state to quickly adapt to new modes of operation. Civil operations in Ora...


Law Practice, Judges and Judiciary

Minor’s Compromises: a guide

MCLE
Nov. 13, 2020
By Scott J. Nord

Settlements are often largely within the control of the parties to structure to bring a case to resolution. However, when sett...


Labor/Employment, Civil Litigation

Assembly Bill 5 and the future of franchising

Nov. 13, 2020
By Barry Kurtz, Matthew Soroky

Despite damning precedent that the test may apply to the franchise relationship, franchisors may have a viable argument that f...


Ethics/Professional Responsibility

Hidden risks in practicing law in the age of COVID-19

Nov. 13, 2020
By Randall A. Miller

“Crises and deadlocks when they occur have at least this advantage, that they force us to think.” — Jawaharlal Nehru


Law Practice

Navigating virtual depositions

Nov. 13, 2020
By Micaela Banach, Deborah Dixon

COVID-19 has awakened the legal community to use technology more effectively to efficiently resolve cases.


Living and paying taxes in California is expensive. If the COVID-19 pandemic has taught us anything, it might just be that it ...


A Brooklyn native who was raised in Queens and had attended college and law school on the east coast, Hal had no inkling that ...


Technology, Law Practice

Efforts to achieve artificial intelligence that can perform legal reasoning ostensibly on par with human attorneys are ongoing...


Corporate, Antitrust & Trade Reg.

Too big to compete?

Nov. 12, 2020
By Jeremy K. Robinson

Amazon marketplace sellers battle counterfeit goods (and Amazon)


Military Law

A veteran of distinction

Nov. 11, 2020
By Eileen C. Moore

For helping women veterans heal, she was called a ‘feminazi’


Data Privacy

US surveillance law in the wake of the Schrems II ruling

Nov. 11, 2020
By Andrew Serwin, Hayley Curry

The Schrems II decision is the most significant event in the history of trans-Atlantic data flows. It results from a long-runn...


Data Privacy

CCPA 2.0: Voters approve more privacy measures

Nov. 11, 2020
By Edward S. Chang, John A. Vogt

For the past two years, many companies doing business in California have worked overtime to comply with the California Consume...


Data Privacy

An early review of litigation trends under the CCPA

Nov. 11, 2020
By Mark David McPherson, Purvi G. Patel

It is no surprise that consumers have already filed many lawsuits seeking statutory damages under the CCPA — and that almost a...


U.S. Supreme Court, Civil Rights

FCA update: Will the Supreme Court address materiality (again)?

Nov. 11, 2020
By Jim Zelenay Jr., Jeremy S. Smith

Writing for a unanimous Supreme Court, Justice Clarence Thomas explained that the False Claims Act’s “materiality requirement”...


Environmental & Energy

The National Environmental Protection Act has been called the “Magna Carta of environmental laws” for good reason. Its twin ai...


Criminal

Time for a frank discussion about grand juries

Nov. 10, 2020
By Michelle L. Kazadi

There comes a time when it’s time to rethink old things. The institution of the grand jury has been around for a long time, si...


Labor/Employment

You can buy a lot with $200 million. The most expensive ballot proposition in California’s history delivered almost exactly wh...


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

A common dilemma faces counsel regarding the timing of an appeal of a partially adverse merits judgment while an attorney fees...


Law Practice

An interview with: Protima Pandey of Santa Clara County

Nov. 10, 2020
By Mallika Kaur, Protima Pandey

Next in the Negotiating Trauma & the Law series, Protima Pandey speaks about why her experiences across nonprofit, public,...


During the 2016 presidential campaign, there was plenty of talk about estate taxes — death taxes to use a common pejorative te...


Military Law, Criminal

Consider the following hypothetical: A successful, charismatic businessman attends an out-of-town conference with his female a...


Data Privacy, Civil Litigation

Here comes a wave of data privacy litigation

MCLE
Nov. 9, 2020
By Gary S. Lincenberg, Steven Zipperstein

Data privacy law is quickly becoming the hottest legal issue of the 2020s. Over the previous decade — amid the rapid growth of...


Military Law

Reconciling veteran law’s insanity exception with the insanity defense

Nov. 9, 2020
By Charles Kohorst, Ariana Barlas

Every person who served in the United States' armed forces is not a "veteran," under the law. Instead, Congress gave the Depar...


Letters, Criminal

In an Oct. 26 column “A dangerous policy of inaction in domestic violence cases,” Los Angeles County Deputy District Attorney ...


U.S. Supreme Court, Constitutional Law

High court to rule whether bullets always qualify as a seizure

Nov. 6, 2020
By Brian Hoffman, J. Scott Tiedemann

The Fourth Amendment protects individuals against unreasonable searches and seizures, including the excessive use of force by ...