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Civil Litigation, 9th U.S. Circuit Court of Appeals

The court recently wrestled with in rem jurisdiction issues in a civil forfeiture case, and the law remains far from clear.


U.S. Supreme Court, Constitutional Law

What difference will Amy Coney Barrett make?

Oct. 13, 2020
By Erwin Chemerinsky

Judge Amy Coney Barrett is 48 years old. If she is confirmed to the U.S. Supreme Court and remains on the court until she is 8...


U.S. Supreme Court, Labor/Employment

Last week the U.S. Supreme Court heard oral argument in a case examining whether the Employee Retirement Income Security Act p...


Law Practice, International Law, Ethics/Professional Responsibility, Civil Rights

For nearly two weeks now, 7,000 miles away from California, the native Christian-Armenian people of the Republics of Artsakh a...


Civil Litigation

While Prop. 65 cases normally settle early, numerous defenses do exist.


U.S. Supreme Court, Immigration

On Oct. 2, the Supreme Court granted certiorari in Barr v. Dai, a case that will decisively uphold or strip asylum applicants ...


U.S. Supreme Court, Government, Constitutional Law

Supreme Court to hear important Voting Rights Act case

Oct. 12, 2020
By Christopher M. Kieser

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases involving Arizona’s prohibition of so-called “ballot...


Banking

The ‘true lender’ rule and the battle over the bank partnership model

Oct. 12, 2020
By Salwa Kamal, Alexander Gershen

The Office of the Comptroller of the Currency recently issued a proposed rule clarifying when a national bank is the ”true len...


Real Estate/Development

November ballots in California will feature Prop. 15, which seeks to change California law to tax most commercial properties b...


Education Law, Civil Rights

Proposition 16 will help fight systemic discrimination

Oct. 12, 2020
By Chris Chambers Goodman

Proposition 16 will end the ban on taking affirmative steps to ensure and actually provide equal access in public contracting,...


Intellectual Property, 9th U.S. Circuit Court of Appeals

A key question in a recent case, and which the 9th Circuit had never answered before, was whether a trademark counterfeiting c...


Labor/Employment, Covid Columns

Assembly Bill 685 further expands the obligations of California employers to disclose information regarding COVID-19 exposure ...


Judges and Judiciary, Community News

Last week, the Kern County Multicultural Bar Alliance held a panel addressing the important issue of the elimination of bias f...


Ethics/Professional Responsibility

Be careful with confidential information when posting online

Oct. 9, 2020
By Shari L. Klevens, Alanna G. Clair

With many tasks moved online, attorneys will face increased risk if they do not remain vigilant when it comes to protecting cl...


Family, Alternative Dispute Resolution

Mediating custody disputes

Oct. 9, 2020
By Franklin R. Garfield

How to provide the authoritative information and guidance that parties need to resolve a dispute


Law Practice, Ethics/Professional Responsibility, Data Privacy

The California State Bar’s Committee on Professional Responsibility and Conduct has issued a new formal opinion, 2020-203, tha...


Law Practice, Ethics/Professional Responsibility

State Bar offers ethical guidance on third-party litigation funding

Oct. 9, 2020
By Ebony A. Koger, Jason E. Fellner

When a lawyer and law firm receive third-party funding, the well-known professional duties to a client can easily become blurr...


Corporate

California’s new diversity mandate for corporate boards

MCLE
Oct. 9, 2020
By Jennifer Rubin

After testing the waters with Senate Bill 826’s gender diversity mandate in 2018, California has now further committed public ...


U.S. Supreme Court, Criminal

Thirty-three states and the District of Columbia have recognized the importance of allowing access to medical cannabis. But ev...


Military Law

Veterans today face a new Agent Orange: burn pits

Oct. 8, 2020
By Eileen C. Moore

Increasingly, our armed forces are imperiled by toxic hazards that have adverse effects on their health. Those who served in I...


Military Law, Criminal, Civil Rights

In the wake of the tragic killing of Breonna Taylor by police in Louisville, Kentucky during service of a search warrant in a ...


Corporate

New shareholder proposal rules balance interests against cost

Oct. 8, 2020
By Timothy R. Bowers, Cara L. Hupprich

On Sept. 23, the Securities and Exchange Commission adopted certain amendments to the procedural requirements and resubmission...


Probate, Labor/Employment, Covid Columns

SECURE Act and CARES Act impact retirement benefits for 2020 and beyond

Oct. 8, 2020
By Patrick J. Haase, Stephanie S. Downer

This recently enacted federal legislation has dramatically changed estate planning for retirement benefits.


Technology, Law Practice

One burgeoning area of focus for legal scholars and LegalTech makers is legal judgment prediction. Efforts are underway to bol...


U.S. Supreme Court, Intellectual Property

A victory for Oracle would outlaw devices and software used by millions every day, raise the price of product refills and repl...


U.S. Supreme Court, Civil Litigation

Supreme Court to decide fate of TCPA autodialer rules

Oct. 7, 2020
By Artin Betpera, Nikku Khalifian

If the court adopts a broad interpretation of an ATDS, businesses will surely face increased litigation with little to no wigg...


Intellectual Property

Trade secret protection gone rogue

Oct. 7, 2020
By Anthony M. Fares, Randall E. Kay

The Walter White case study


Health Care & Hospital Law, Civil Litigation

The blame game: Opioid litigation in America

Oct. 7, 2020
By Nina Marino

Whether you blame the pharmacies, the manufacturers or the doctors, people are the collateral damage.


Intellectual Property, Corporate

Protecting social media contacts as trade secrets

Oct. 7, 2020
By Travis J. Anderson, Bobby Foster

Social media contact lists have become an increasingly important part of a business’s customer lists. This trend has only acce...


Labor/Employment, Intellectual Property, Covid Columns

With more workers accessing, disclosing, using and creating valuable company information from their homes, prudent company lea...