Labor/Employment, Covid Columns
Can employers require employees to receive a COVID-19 vaccine?
By Jackie Karama, Josh Henderson
Neither the courts nor federal agencies have addressed whether an employer-mandated COVID-19 vaccination requirement is lawful...
I was dumbfounded by the “Daddy’s Gill” headline in the Daily Journal’s Sept. 28 profile of Kern County Superior Court Judge S...
Probate
Navigating increased probate thresholds under Assembly Bill 473
By Rebecca L. Van Loon
The bill increased thresholds for “small estates” to avoid formal probate proceedings.
Securities, Mergers & Acquisitions
Strategies for fund managers to avoid SEC pitfalls
By Sara L. Terheggen
Whether you are a first-time fund, exempt adviser or registered investment adviser, all funds must be mindful of implementing ...
Real Estate/Development, Law Office Management, Covid Columns
The Great COVID-19 Office Migration: winners and losers
By Daniel Teitelbaum
Businesses and investors can get ahead by embracing the changes that are here to stay.
Alternative Dispute Resolution
Advantages of using a judge pro tem
By Patrick J. Mahoney
Parties use a judge pro tem to ensure a decision maker is knowledgeable in the law applicable to the dispute as well as having...
Western Joshua tree gets closer to candidacy to California Endangered Species Act protection
By Sunjana Supekar, Douglas P. Carstens
Last week, by a unanimous 4-0 vote, the California Fish and Game Commission agreed to accept a petition submitted by the Cente...
Labor/Employment, Covid Columns
AB 685 requires employers to provide notice of COVID-19 exposure
By Kacey R. Riccomini
Earlier this month, Gov. Gavin Newsom signed a bill to impose notice, record keeping and safety obligations on employers in Ca...
U.S. Supreme Court, Constitutional Law
RBG, her successor and takings law
By Michael M. Berger
As this column is devoted to takings law, this seemed like an apt moment to examine the late Justice Ruth Bader Ginsburg’s par...
Judges and Judiciary, Ethics/Professional Responsibility
The ethics of endorsement: Our high court should speak up
By Eugene M. Hyman
If the state of California is looking to reckon with the pseudo-symbiotic relationship between the justice system and law enfo...
U.S. Supreme Court, Letters, Government
Column on RBG’s death ignores recent history
By Jacques Beugelmans
In his Sept. 25 guest column, Ben Feuer makes the dramatic pronouncement that “[Justice Ruth Bader] Ginsburg’s death could spa...
Government, Criminal
A defendant with a pardon tops a defendant without a prosecutor
By Howard Gillingham
"General Michael Flynn is a defendant without a prosecutor" With that rhetorical hook, Sidney Powell, counsel for former Natio...
Health Care & Hospital Law, Entertainment & Sports, Covid Columns
Liability issues related to the return of college football
By Richard C. Giller
The COVID-19 edition of the 2020 NCAA college football season is unlike any of the previous 150 seasons.
Intellectual Property, 9th U.S. Circuit Court of Appeals
Copyright ruling may limit protection for works involving history
By Cydney Tune, Vijay K. Toke
The 9th U.S. Circuit Court of Appeals recently issued an opinion in a copyright case that may significantly limit the copyrigh...
Racism, birthers and the rule of law in early California
By Michael L. Stern
A 19th century decision by the California Supreme Court is a tribute to those who stood against anti-Mexican racism.
Tax, Government, Criminal
Special treatment in Trump tax case is unwarranted
By John H. Minan
In 2019, Cy Vance, the New York County district attorney, served a subpoena on Mazars, President Donald Trump’s accounting fir...
Labor/Employment, California Courts of Appeal
Ruling corrects troubling unemployment insurance claim trend
By Mai Linh Spencer
The 1st District Court of Appeal has issued an opinion one hopes will make it easier for some workers to obtain benefits where...
U.S. Supreme Court, Constitutional Law
RBG’s death portends a legitimacy crisis for the United States Supreme Court
By Ben Feuer
Four of the five conservative justices on today’s Supreme Court were nominated by presidents who lost the popular vote. Three ...
State Bar & Bar Associations, Legal Education
Access to justice: California can learn from Arizona, Utah
By Zack DeMeola
In 2018, 55% of Californians at all income levels experienced at least one civil legal problem in their household, yet nearly ...
Technology, Law Practice
Legal argumentation and artificial intelligence
By Lance Eliot
The core of our adversarial approach relies upon the essential groundwork of legal argumentation. Lawyers and legal profession...
State Bar & Bar Associations, Law Practice, Covid Columns
Diploma privileges and full faith and credit licensing in COVID-19 era
By Joseph Robert Giannini
The “diploma privilege” boils down to full faith and credit access to justice for “Us” and no faith and credit for “Them,” mea...
Torts/Personal Injury, Law Practice, Covid Columns
Resolving your personal injury case in the new ‘abnormal’
By John Shaw
Leveraging alternative dispute resolution procedures to stay afloat during a pandemic
Antitrust & Trade Reg.
Bruce Springsteen may have been Born In The USA, but what about his Levi’s?
By Amy P. Lally, Collin Wedel
The Federal Trade Commission recently issued proposed rules for claiming products are “made” in the USA, and penalties under t...
The current disasters across California, the country, and the world are not the “new normal.” In fact, the magnitude and frequ...
Tax, Labor/Employment, Covid Columns
President Trump’s payroll tax deferral
By Maureen Linch
President Trump issued an executive memorandum last month to allow payroll tax deferral for employees in response to the ongoi...
U.S. Supreme Court, Civil Rights
Supreme Court set to consider limits of long-arm personal jurisdiction over nonresidents
By Douglas K. deVries
The court will consider whether the ‘arise out of or relate to’ requirement for a state court to exercise specific personal ju...
Insurance, Covid Columns
One thing COVID hasn’t changed: insurers’ duty to investigate
By Kirk A. Pasich
As recent court decisions have shown, one thing that has not changed is an insurer’s duty to investigate a claim submitted by ...
Constitutional Law, Civil Litigation
Dershowitz faces some hurdles in defamation case against CNN
By Douglas E. Mirell
From anti-SLAPP issues to providing ‘clear and convincing evidence’ of knowing falsity, the Harvard professor’s defamation cas...
Technology, Constitutional Law
TikTok, WeChat bans on hold due to deal, injunction
By Anita Taff-Rice
Trump has now wielded the First Amendment eraser on his presidential pen to outright ban Tiktok and WeChat social media applic...
Technology, International Law, Data Privacy
Facebook strikes back regarding the right to transfer data from EU
By Victoria Burke
This month, Facebook announced it is the subject of an inquiry by the Irish Data Protection Commission. The commission had iss...