Labor/Employment, Government, Covid Columns
LA gets novel COVID-19 workplace safety compliance monitoring program
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...
There are a few things to note specifically about the respondent’s brief.
Constitutional Law, Appellate Practice
WWLHD? (What would the Legislature have done?
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
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
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
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...
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
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
By Randall A. Miller
“Crises and deadlocks when they occur have at least this advantage, that they force us to think.” — Jawaharlal Nehru
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 ...
An extraordinary and influential California Supreme Court staff attorney
By Jake Dear
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
Importance of the Turing Test for AI and the law
By Lance Eliot
Efforts to achieve artificial intelligence that can perform legal reasoning ostensibly on par with human attorneys are ongoing...
Amazon marketplace sellers battle counterfeit goods (and Amazon)
For helping women veterans heal, she was called a ‘feminazi’
Data Privacy
US surveillance law in the wake of the Schrems II ruling
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
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
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)?
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
Suits strongly argue NEPA final rule is ‘not in accordance with law’
By John H. Minan
The National Environmental Protection Act has been called the “Magna Carta of environmental laws” for good reason. Its twin ai...
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
Proposition 22 money may have simply bought (expensive) time
By Ronald L. Zambrano
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
‘Healthy lawyerly paranoia’: federal appeal deadlines
By Jeffrey E. Raskin
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
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
Accountability for sexual assault in the military: Time for reform
By Michael E. Rubinstein
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
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
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
Domestic violence columnist should look to San Diego
By Eugene M. Hyman
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
By Brian Hoffman, J. Scott Tiedemann
The Fourth Amendment protects individuals against unreasonable searches and seizures, including the excessive use of force by ...