U.S. Supreme Court, Criminal, Constitutional Law, California Courts of Appeal
High court hones in on ‘hot pursuit’ of misdemeanor suspects
By Gary Schons
Does “hot pursuit” of a misdemeanor suspect categorically qualify as an exigent circumstance, excusing obtaining a warrant pri...
U.S. Supreme Court, Intellectual Property, Civil Litigation
Justices to weigh validity of administrative patent judge hiring
By Ben M. Davidson
This month, the U.S. Supreme Court granted three petitions seeking review of a Federal Circuit decision holding that all admin...
Insurance
Overcoming intellectual property exclusions in insurance policies
By Peter S. Selvin
A key challenge for policyholders seeking coverage under commercial general liability, directors and officers, and other insur...
The Department of Justice filed a motion to substitute the government for Trump as the defendant in Jean Carroll’s defamation ...
Tax, Criminal
Robert Brockman’s $2B tax evasion case has some simple lessons
By Robert W. Wood
“Biggest ever” can be a term you might want to hear about some things. But if it is a tax issue you are describing, “biggest e...
Corporate, Antitrust & Trade Reg.
Will Congress restore antitrust to protect competition?
By David W. Kesselman, Amy T. Brantly
In a year like no other, with a deadly pandemic raging and in the midst of a polarizing presidential election, a recent congre...
Law Practice, Appellate Practice
What a long, strange trip it’s been
By Sarah Hofstadter
Lessons from an unorthodox career
Bankruptcy
Small Business Chapter 11 update, where are we 8 months in?
By M. Jonathan Hayes
We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted t...
Los Angeles district attorney candidate George Gascón proposes that domestic violence victims, even if served with a subpoena,...
Technology, Communications Law, Administrative/Regulatory
Should you worry about DOD sharing 5G spectrum with private companies?
By Gail A. Karish
Recent headlines have renewed questions about who will control the build out of the next generation of wireless networks, know...
Criminal
Review the rules requiring corroboration of accomplice testimony
By Gregory L. Prickett
The objective of this article and accompanying self-study test is to review the rules regarding the requirement that testimony...
Law Practice, Ethics/Professional Responsibility, Covid Columns
Client communications during COVID-19
By Louie H. Castoria
California's Rules of Professional Conduct are primarily about one thing: communication. And communicating effectively with cl...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
A tale of civility
By Patrick M. Kelly
The story behind the State Bar oath become more.... civil.
Labor/Employment, Insurance, Civil Litigation, 9th U.S. Circuit Court of Appeals
Ruling demonstrates when employers are agents of insurers
By Robert J. McKennon
A recent 9th Circuit decision affirms that in the context of employer-sponsored benefits, the employer is the agent of the ins...
State Bar & Bar Associations, Legal Education, Law Practice
Who benefits if 1390 cut score is used for provisional licenses?
By Mitchel L. Winick
The State Bar of California Provisional License Working Group released a memorandum last week supporting a proposal to impleme...
Tax, Law Practice
Remember, IRS taxes most settlements, exact wording matters
By Robert W. Wood
If you are a plaintiff, you should care about taxes, and if you are a plaintiff’s lawyer, you should make sure your client tak...
Constitutional Law, 9th U.S. Circuit Court of Appeals
‘Finality’ may be the next key issue in takings litigation
By Daniel Quinley
Just what makes a decision “final” enough to support a Fifth Amendment takings claim?
Law Practice, Civil Litigation
The nuts and bolts of jury instructions in California
By Michelle G. Lee
You have marshalled your evidence, tagged your exhibits, scheduled your witnesses, and drafted your motions in limine. Now it ...
Law Practice
An interview with: Taina Gomez, Solano County DPD
By Mallika Kaur, Taina Gomez
Mallika speaks to a deputy public defender about what the last decade of indigent defense work has taught her about the diffic...
Winning strategies for lawyers learned in military court
By Joseph H. Low
In recent years I have had the good fortune to obtain large verdicts for my personal injury clients, including three of the to...
Law Practice, Intellectual Property, Covid Columns
Practicing intellectual property law during a pandemic
By Ankur Garg
The pandemic has affected virtually every aspect of the practice of law. But we have heard little about how intellectual prope...
Technology, Law Practice
Pure logic alone is insufficient on the path toward AI and the law
By Lance Eliot
A common assumption is that the law ought to be readily codified into a form of pure logic and thus amenable to easily being e...
Criminal
California’s new misdemeanor diversion law is fatally flawed
By Todd A. Spitzer
While Assembly Bill 3234 has been touted as a saving grace for first-time misdemeanor offenders who may be offered diversion b...
Civil Litigation, Administrative/Regulatory
Twitter, Hunter Biden and the CDA’s Section 230 safe harbor
By Daniel Rozansky, Cristy Jonelis
Twitter is once again making headlines after blocking users from tweeting two New York Post articles on the basis that the art...
U.S. Supreme Court, Civil Litigation, Appellate Practice
Court to weigh appellate jurisdiction under removal statutes
By John F. Querio, Lacey L. Estudillo
This term, the U.S. Supreme Court will address whether 28 U.S.C. Section 1447(d) permits a federal court of appeals to review ...
Data Privacy, Covid Columns, Corporate
Ransomware attacks leave companies with a Catch-22 decision
By Anita Taff-Rice
Ransomware attacks are carried out by cyber criminals who hack a company’s computer systems and encrypt or otherwise block acc...
Tax, Corporate
Choice of entity dynamics for businesses could change yet again
By Robert W. Wood
2021 seems likely to hold big tax changes, but how much higher will they go, and on what specifically?
Torts/Personal Injury, Probate, Family, Covid Columns
Tidal wave of financial elder abuse cases will hit after COVID
By Scott E. Rahn
As quarantine restrictions loosen around the country and people have access to family members, cases of financial elder abuse ...
Family, Covid Columns
Custody during the pandemic: When the bubble bursts
By Cara L. Boroda
The courts informed the public that the pandemic was not a time to change agreements and hard-won orders and to deviate from l...
Corporate, Civil Rights, Civil Litigation
Shareholder derivative suits focus on diversity at the top
By Virginia F. Milstead, Peter B. Morrison
Over the past few months, a spate of shareholder derivative actions and new California legislation have focused on diversity a...