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Law Practice, Criminal, Covid Court Ops, Covid Columns

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

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

Numerous state and federal legislative efforts have been launched to provide relief to businesses through their insurance port...


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

Sep. 22, 2020
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?

Sep. 22, 2020
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

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

Will they remember Merrick Garland?



Government, Covid Columns

California seeks to get ahead of pandemic voting issues

Sep. 22, 2020
By Audrey Perry Martin

Presidential elections are always prime battlegrounds for partisan clashes on voting rules. This year, however, a global pand...


Real Estate/Development, Law Practice

The eviction

Sep. 21, 2020
By Myron Moskovitz

A bite of an apple leads to a lawsuit.



State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility

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

Sep. 21, 2020
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

Sep. 21, 2020
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...


Law Practice, Government

Dissent is not sedition

Sep. 21, 2020
By Michael Montaño

Attorney General Bill Barr encouraged federal prosecutors on a nationwide conference call this month to charge protesters with...



Government, Administrative/Regulatory

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

Sep. 18, 2020
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

Sep. 18, 2020
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

Sep. 18, 2020
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

Sep. 18, 2020
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

MCLE
Sep. 18, 2020
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

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

Sep. 17, 2020
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

Sep. 17, 2020
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

Prognostications are that legal micro-directives consisting of proactively distributed real-time snippets of the law will inev...



Tax, Real Estate/Development

Can you count?

MCLE
Sep. 16, 2020
By Guido I. Piotti

A guide to long-term leases, reassessments... and counting


Real Estate/Development, Covid Columns

All branches of California’s government enacted sweeping changes to the eviction process in response to the COVID-19 pandemic....



Mergers & Acquisitions, Corporate

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

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

Sep. 16, 2020
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

Until a recent appellate ruling, it appeared that, under California law, if a debtor made a transfer without receiving “reason...