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Law Practice, Ethics/Professional Responsibility

Maintaining respect for others during the COVID-19 pandemic

Feb. 4, 2021
By Shari L. Klevens, Alanna G. Clair

Given the high-stakes and often adversarial nature of litigation and the practice of law generally, it can be unfortunately al...


Civil Litigation

The COVID-19 pandemic has created delays in the handling of civil cases throughout the state of California. While some jurisdi...


Law Practice, Civil Litigation

A year ago, litigants in California’s congested court system were facing significant challenges seeking justice. Whether you w...


Intellectual Property

Steps to take with outside counsel to keep IP litigation budgets in check

Feb. 3, 2021
By Lisel Ferguson, Frederick Taylor

Any in-house counsel who has managed intellectual property litigation knows that even after you receive a budget, there can be...


Civil Litigation

Roundup rulings show disregard for scientific standards

Feb. 3, 2021
By Kyla Christoffersen Powell

California is the center of innovation for the U.S., with world-class universities, cutting edge research and development, and...


U.S. Supreme Court, Civil Rights

This week, my kindergartener’s school kicked off Black History Month in a beautiful ceremony. It reminded me of how much depth...


Constitutional Law, Civil Litigation

California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices;...


Corporate, Antitrust & Trade Reg.

Labor market criminal antitrust offenses in the crosshairs

Feb. 2, 2021
By John “Jack” McLean, Patrick E. O’Shaughnessy

As quoted in a 2017 Daily Journal article the federal antitrust agencies were serious when they warned: “DOJ intends to procee...


Law Practice, Civil Litigation

Per the familiar adage: “There is no wrong without a remedy.” A blatant exception is the California female who seeks a civil h...


Conduct unappealing

MCLE
Feb. 2, 2021
By Benjamin G. Shatz

Code of Civil Procedure Section 1209(a)(1) includes as a contempt of court: “disorderly, contemptuous, or insolent behavior to...


Torts/Personal Injury

Just because 2021 has arrived does not mean that injured plaintiffs and lawyers won’t encounter challenges which emerged in 20...


Law Practice, Appellate Practice

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


Administrative/Regulatory

The last time the federal government made significant progress toward integrating commercial drones into U.S. airspace, Joe Bi...


Corporate, Administrative/Regulatory

Antitrust issues to watch during the Biden administration

Feb. 1, 2021
By Anna T. Pletcher, Patrick Jones

During the 2020 presidential campaign, a spokesperson for President Joe Biden stated, “Many technology giants and their execut...


Judges and Judiciary, Appellate Practice

Revelations

Feb. 1, 2021
By Arthur Gilbert

Well-known appellate attorney Jon Eisenberg complained to the Judicial Performance Commission about delays in filing opinions ...


Criminal

Release to outpatient and restoration of sanity after an NGI finding

MCLE
Feb. 1, 2021
By Dmitry Gorin, Alan Eisner

When a criminal defendant in a California state case is found guilty, but not by reason of insanity, aka “NGI,’ pursuant to Pe...


Intellectual Property

End of the Iancu era: Is the PTAB pendulum poised to swing again?

Feb. 1, 2021
By Brenton R. Babcock, Tyler R. Train

On Jan. 19, the 58th director of the U.S. Patent and Trademark Office, Andrei Iancu, stepped down from his post, the day befor...


Letters, Judges and Judiciary, Appellate Practice

I write to address comments by three appellate specialists in the Daily Journal’s January 29 article, “Complaint against 3rd D...


Labor/Employment, California Supreme Court

Dynamex’s classification test applies retroactively

MCLE
Jan. 29, 2021
By Felix Shafir

The California Supreme Court recently ruled that the "ABC test" applied Dynamex is retroactive.


Environmental & Energy

DC Court of Appeals strikes down Trump EPA’s ACE rule

Jan. 29, 2021
By Niran S. Somasundaram, Madison DiZinno

On the eve of President Joe Biden's inauguration, a split-panel opinion by the U.S. Court of Appeals for the D.C. Circuit deli...


Insurance, Civil Litigation

In 2020 California courts rendered a number of significant decisions regarding insurance.


Criminal, California Courts of Appeal

Rulings limit scope of gang and firearms expert testimony

Jan. 29, 2021
By Dmitry Gorin, Alan Eisner

The California Courts of Appeal handed down two recent decisions which will have important impacts on the admissibility and sc...


Alternative Dispute Resolution

Rule 9 for mediation

Jan. 29, 2021
By Robert S. Mann

Assume that the person you are listening to knows something you don’t.


In a welcome reprieve the night before the inauguration, opportunity zone investors now have more time to invest their gains.


Arbitrability: searching for assent

Jan. 28, 2021
By Gary A. Watt, Patrick Burns

Two recent decisions of the California Court of Appeal reached different conclusions on arbitrability.


Last July, the U.S. Supreme Court said, in essence, that the president is not above the law.


If Gov. Gavin Newsom appoints Justice Liu as our state’s top lawyer, the California Department of Justice will have a leader w...


There is a great deal of angst about personal digital identity and how to best legally provide a means for the public to mitig...


A new era of immigration law under the Biden administration

Jan. 27, 2021
By Eli M. Kantor, Jonathan D. Kantor

On President Joe Biden’s first day of office, he sent landmark comprehensive immigration reform legislation to Congress.


Labor/Employment, Government

Last week, Americans, many of whom had no clue what the N-L-R-B stands for, suddenly were either overjoyed or outraged that, a...