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Health Care & Hospital Law, Administrative/Regulatory

EO to ensure drug rebates are passed down to patients

Sep. 15, 2020
By David M. Hoffmeister, Georgia C. Ravitz

President Donald Trump recently issued an executive order for the purpose of ensuring that discounts offered on prescription d...


Government, Environmental & Energy

A handful of notable, environmentally focused bills made it through both houses of the California Legislature and are now wait...



Constitutional Law

I have taught constitutional law for 40 years, but the events of the last several years have shown me a powerful lesson: The C...


Securities, Civil Litigation

California court enforces federal forum charter provision

Sep. 15, 2020
By Peter B. Morrison, Virginia F. Milstead

A California superior court recently held that a provision in a Delaware corporation’s articles of incorporation requiring sto...



Government, Banking, Administrative/Regulatory

CFPB, California style

Sep. 15, 2020
By Nancy R. Thomas

California is the latest state to adopt its own mini-Consumer Financial Protection Bureau. Under the new regime, we will get a...


Insurance, 9th U.S. Circuit Court of Appeals

On Monday, the 9th Circuit issued an opinion deciding an issue of first impression on a significant insurance issue: “[W]hen, ...



Law Practice, Judges and Judiciary, California Courts of Appeal

On the other hand...

Sep. 14, 2020
By Arthur Gilbert

Despite its passion and strength, does this concurring opinion belong here?


Real Estate/Development, Government, Covid Columns, Administrative/Regulatory

CDC’s eviction ban and the burn-off of eviction moratoria

Sep. 14, 2020
By Grace Winters, Viral Mehta

Earlier this month, the Centers for Disease Control and Prevention announced an order banning residential evictions for most r...



Real Estate/Development, Law Practice

The eviction

Sep. 14, 2020
By Myron Moskovitz

A bite of an apple leads to a lawsuit.


Labor/Employment, Government, Environmental & Energy

Recap of California legislation: All eyes on the governor

Sep. 14, 2020
By Dennis Cardoza, Jennifer Walsh

Governor Newsom has 30 days to consider nearly 400 pieces of legislation. The total number of bills reaching the governor’s de...



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

Will AB 5 keep on trucking?

Sep. 14, 2020
By Ronald L. Zambrano

When AB 5 was enacted, its principal target was the gig economy, but its impact has extended well beyond the workforce that dr...


State Bar & Bar Associations

Lawyers, this is your cue: It’s time to step up to the plate. Especially young lawyers and law students.



Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals

A surprise decision came from the 9th U.S. Circuit Court of Appeals last week in which the court denied a petition by the gove...


Law Practice

Peremptory challenge bill awaits governor’s signature

Sep. 11, 2020
By Allen L. Lanstra, Kasonni Scales

On Aug. 31, the California Legislature passed a bill that would strengthen the ability to challenge discrimination in the jury...



Law Practice, Covid Columns

No one has been paying attention for a while now

Sep. 11, 2020
By D. Mark Jackson

What recent experiences with remote juries tell us about our distracted world


Covid Columns, Alternative Dispute Resolution

Arbitration during a global pandemic

Sep. 11, 2020
By Daniel B. Garrie, Gail A. Andler

This article outlines a basic checklist designed for the convenience of counsel in furtherance of their meet and confer obliga...



Education Law, Corporate

This summer, amid headlines about national outrage and protest over the deaths of George Floyd, Breonna Taylor and others at t...


Technology, Law Practice

A new framework identifies the autonomous levels of AI legal reasoning and provides a much-needed means of comparing advances ...



Data Privacy

Consumer data privacy referendum: clear as mud

Sep. 10, 2020
By Gerald L. Sauer

What can you say about a ballot measure, ostensibly designed to enhance online data privacy, that is being opposed not only by...


Intellectual Property, Civil Litigation

For patent infringement defendants, successful assertion of the following defenses measurably increases their chances for reco...



Probate Code Section 21380 can succeed where the ‘Slayer Rule’ fails.


Real Estate/Development, Land Use

The bill will support housing development by allowing additional time for those with approved housing development projects to ...



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

FHA ruling: a decision that matches the moment

Sep. 10, 2020
By Scott Chang

Last month, amidst widespread social unrest and calls for racial justice and the dismantling of structural racism in communiti...


Labor/Employment

Answering the call for pay equity

Sep. 10, 2020
By Karen L. Corman, Ryne C. Posey

Legislators, equal pay advocates, and other stakeholders have identified unchecked biases, historic inequities, legal loophole...



U.S. Supreme Court, Criminal

Hit or miss: Is that the question?

Sep. 9, 2020
By Brian M. Hoffstadt

Next month, the U.S. Supreme Court set to consider when police can use deadly force


State Bar & Bar Associations, Legal Marketing

California’s provisional license program promises more than it can deliver. The problems range from practical challenges to sy...



Torts/Personal Injury

Hot coffee case, redux

Sep. 9, 2020
By Michael E. Rubinstein

I couldn’t help but be reminded of Stella Liebeck’s “windfall” while reading Shih v. Starbucks Corp., decided last week by the...


Tax, Covid Columns

Potentially impacting thousands of businesses, the California Legislature has passed Assembly Bill 1577, a bill that would con...



Labor/Employment, Covid Columns

Off-the-clock claims are not exactly new to the field of wage and hour litigation, but remote work presents timekeeping challe...


Law Practice, Appellate Practice

On Court

Sep. 8, 2020
By Myron Moskovitz

About writing, and running, and tennis.