Law Practice, Criminal, Covid Court Ops, Covid Columns
Reflections on the first post-pandemic jury trial in San Francisco
By Sierra Villaran
Upon learning that my client and I were going to be part of the first post-pandemic jury trial in San Francisco, I was nervous...
U.S. Supreme Court, Education Law, Civil Rights
Prop 16 bans racial quotas but promotes diversity: Here’s why
By David B. Oppenheimer
Last week we learned that California Proposition 16 is behind in the polls, with 47% of likely voters inclined to vote no on t...
Insurance, Covid Columns
Bill is lifeline for those drowning in business interruption claim denials
By Anthony Crawford, Amber Finch
Numerous state and federal legislative efforts have been launched to provide relief to businesses through their insurance port...
Top 100 list leaves off family law practitioners
I congratulate the 100 deserving attorneys recognized in the Sept. 16, 2020 supplement to the Daily Journal. I was sorry to se...
Law Practice, Covid Columns, Appellate Practice
10 tips for participating in remote video oral argument
By Johanna Schiavoni
As a certified appellate specialist attorney, I’ve argued more than 30 appeals, including (now) arguing remotely by video. The...
Law Practice, Covid Columns, Civil Rights
What will civil jury trials look like?
By Samantha P. Jessner
On Oct. 5, the Los Angeles County Superior Court will resume jury trials in some civil matters.
Intellectual Property, Civil Litigation
Ruling outlines factors for denial of IPR based on efficiency grounds
By Jeff Smyth
Fintiv sets forth six factors for the PTAB to consider when determining whether to exercise its discretion under 35 U.S.C. Sec...
U.S. Supreme Court, Government
Lawyers, lies and hypocrisy: McConnell and Graham on RBG
By Paul Von Blum
Will they remember Merrick Garland?
Government, Covid Columns
California seeks to get ahead of pandemic voting issues
By Audrey Perry Martin
Presidential elections are always prime battlegrounds for partisan clashes on voting rules. This year, however, a global pand...
A bite of an apple leads to a lawsuit.
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
State Bar review department isn’t afraid to reverse the hearing department
By Jennifer Teaford
It is always worth considering appealing from a decision of the hearing department of the State Bar Court.
Labor/Employment
AB 2257: A closer look at the new exemptions to AB 5
By Karen L. Corman, Anne Villanueva
AB 2257 provides that the exemptions to AB 5 should be reviewed under the Borello worker classification standard, instead of D...
Entertainment & Sports, Civil Rights
Kaepernick kneeling is still a symbol we need
By William W. Bruzzo
I previously commented that NFL fans were hypocritical in claiming to be offended by Colin Kaepernick’s kneeling which they be...
Attorney General Bill Barr encouraged federal prosecutors on a nationwide conference call this month to charge protesters with...
Government, Administrative/Regulatory
Scientists challenge pot’s status as a Schedule I drug
By Jihee Ahn
A group of scientists and veterans sued the DEA back in May, arguing that the DEA’s legal basis for keeping marijuana classifi...
Government, Constitutional Law
Balancing public employee safety with the First Amendment
By Nicole R. Roggeveen
Armando Herman appealed from a workplace violence restraining order imposed on him under Code of Civil Procedure Section 527.8...
Labor/Employment, 9th U.S. Circuit Court of Appeals
New burden-shifting framework for ADA architectural barrier claims
By Myra Villamor, Kristina M. Launey
Last week, the 9th Circuit adopted a new burden-shifting framework for summary adjudication of architectural barriers claims b...
Law Practice, Civil Rights
An interview with: Angela P. Harris of UC Davis School of Law
By Mallika Kaur, Angela P. Harris
Mallika speaks to a critical race theorist and feminist legal scholar about challenging homogeneity of the profession and acad...
Law Practice, Covid Columns, Alternative Dispute Resolution
The COVID-19 pandemic’s impact on case resolution
By Robert B. Freedman
Veteran practitioners will remember a time when getting a case to trial before the expiration of the five-year statute was a f...
Labor/Employment, Covid Columns
SB 1159 extends California’s COVID-19 presumption of compensability
By Theodore A. Penny, Yvette Davis
On Thrusday, Gov. Gavin Newsom signed Senate Bill 1159, which was passed as the replacement to Newsom’s Executive Order N-62-2...
U.S. Supreme Court, Administrative/Regulatory
Court asked to decide constitutionality of Schedule I status of pot
By Ian A. Stewart
The U.S. Supreme Court has been asked to invalidate marijuana’s Schedule I status under the CSA on constitutional grounds.
Constitutional Law, Civil Rights
‘We the People’: 100 years of perspective on the 19th Amendment
By Nicole Chollett Bershon, Julie R. F. Gerchik
It is no secret that in 1776, when the Founding Fathers wrote the preamble to the U.S. Constitution, “We the People” did not i...
U.S. Supreme Court, Intellectual Property
Rulings will increase trademark conflicts and expense
By Richard L. Kirkpatrick, William P. Atkins
Two decisions this year by the U.S. Supreme Court broaden trademark protection and are bound to increase trademark litigation ...
Technology, Law Practice
Legal micro-directives and AI: the future of the law?
By Lance Eliot
Prognostications are that legal micro-directives consisting of proactively distributed real-time snippets of the law will inev...
A guide to long-term leases, reassessments... and counting
Real Estate/Development, Covid Columns
Evaluating commercial evictions in response to COVID-19 rules
By Fernando Landa
All branches of California’s government enacted sweeping changes to the eviction process in response to the COVID-19 pandemic....
Mergers & Acquisitions, Corporate
Key considerations for targets in negotiating purchase terms with SPACs
By Joshua DuClos
There has been a bevy of special purpose acquisition company initial public offerings in the last three years, resulting in fr...
Government, Banking, Administrative/Regulatory
Bill opens bank doors to cannabis operators (read the fine print)
By Meital Manzuri
Assembly Bill 1525 will protect covered financial entities under state law and offer cannabis businesses the option to directl...
Law Practice, Civil Litigation
California’s Code of Civil Procedure enters the 21st century
By Amy P. Lally, Joel Richert
But while Senate Bill 1146’s proposed changes to the Code of Civil Procedure are long-overdue and ultimately welcomed, SB 1146...
Civil Litigation, California Courts of Appeal
Not a fraudulent transfer... even with intent to defraud?
By Geoffrey M. Gold
Until a recent appellate ruling, it appeared that, under California law, if a debtor made a transfer without receiving “reason...