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Compared to plaintiffs’ counsel, those on the defense side rarely share anything with each other. The plaintiffs’ bar has blog...


Tax, Labor/Employment, Civil Litigation

Not all employment plaintiffs can deduct fees

Aug. 28, 2020
By Robert W. Wood

Can a plaintiff ever be taxed on more money than they receive? To anyone but a tax lawyer, it sounds like a crazy question. Su...



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

How scared should we be? Vacatur of arbitration awards in the wake of Monster Energy

MCLE
Aug. 28, 2020
By Blaine I. Green, Dustin Chase-Woods

The 9th Circuit’s decision in Monster Energy Co. v. City Beverages LLC will have significant implications for the enforceabili...


Technology, Law Practice

Online courts will both preserve justice and enhance justice, doing so via the prudent utilization of virtual hearings, plus a...



Law Practice, Ethics/Professional Responsibility

In 2018, the State Bar of California overhauled the rules of professional ethics. One major rule change provides an additional...


Entertainment & Sports, Covid Columns

During the government lockdown, now more than ever, society is increasingly reliant on music, films and podcasts. We now have ...



Health Care & Hospital Law, Civil Litigation, California Supreme Court

The California Supreme Court has confirmed that the maximum monetary recovery available against skilled nursing facilities und...


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

A magazine masquerade

Aug. 27, 2020
By Donald E.J. Kilmer Jr.

Consider this. If the state of California, among the strictest jurisdictions in the nation, already requires safety testing (...



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

Ruling in gun case puts every Californian at risk

Aug. 27, 2020
By Scott A. Edelman, Vivek Gopalan

The decision, which sweeps aside circuit precedent and expands the scope of the Second Amendment, is ripe for en banc review.


Technology, Civil Litigation, Antitrust & Trade Reg.

Does success require an alleged monopolist to do business with a competitor that wants to sell mobile apps to IOS and Android ...



U.S. Supreme Court, Immigration

The future of DACA is far from clear

MCLE
Aug. 26, 2020
By Ethan D. Dettmer, Suria M. Bahadue

In June, the Supreme Court struck down the Trump administration’s attempt to end the Deferred Action Childhood Arrivals progra...


Criminal

Punishing pregnancy outcomes is unlawful and cruel

Aug. 26, 2020
By Jennifer L. Chou

The constitutional due process implications of giving prosecutors discretion to investigate and charge women for engaging in a...



Consumer Law, Civil Litigation, California Courts of Appeal

Earlier this month, the California Court of Appeal became the latest court to address whether an online retailer may be held s...


Real Estate/Development, Land Use

The Housing Accountability Act roars into life

Aug. 26, 2020
By Dolores B. Dalton

In 2017 and 2018, the California Legislature added teeth to the Housing Accountability Act, which is a previously little-known...



Labor/Employment, Health Care & Hospital Law

The U.S. Equal Employment Opportunity Commission recently released a pair of new technical assistance guidance documents to ad...


Health Care & Hospital Law, Data Privacy

In the U.S., contact tracing is presently more concept than reality. People just don’t trust the government with their persona...



For a business that loves sequels, perhaps we are witnessing Studio System Part Deux, The Studios Strike Back. There were some...


Constitutional Law

Biden on property rights

Aug. 25, 2020
By Michael M. Berger

The ascent of Joe Biden to the top spot on a presidential ticket has caused many people to review the half-century of Biden's ...



Nearly everyone has been impacted by COVID-19, from health worries, layoffs, cutbacks, reneged job offers, business and court ...


Insurance, Civil Litigation

Court: Business property insurance covers COVID-19-related losses

Aug. 25, 2020
By Ryan P. McCarl, John M. Rushing

Do all-risk business property insurance policies cover losses related to COVID-19? A recent decision out of the Western Distri...



Government

The traditional mission of the U.S. Postal Service is to bind the nation together by providing a “reliable affordable, univers...


Law Practice, Judges and Judiciary, Appellate Practice

Enhancing appellate court opinions

Aug. 25, 2020
By David J. Ozeran

Appellate court opinions are usually dry reads. No one takes a stack of advance sheets to read on vacation. Opinions are gener...



Labor/Employment, Government, California Supreme Court

In a 90-page opinion issued on July 30, a unanimous California Supreme Court looked deep into the abyss of pension rights and ...


Chelsea Becker was charged with murder after giving birth to a stillborn child. But is that ever, under any circumstances, a c...



Law Practice, Appellate Practice

I worked for more than 38 years as a writ attorney in the California Court of Appeal, 2nd District, so believe me when I tell ...


Criminal, California Supreme Court

The California Supreme Court recently issued its second of two landmark decisions of first impression, addressing criminal def...



Entertainment & Sports, Civil Litigation

Is the curtain closing on TV profit participation litigation?

Aug. 24, 2020
By John Berlinski, Kimberly Meyer

For more than half a century, Hollywood film and television studios have contracted to pay high-profile actors and producers a...


Labor/Employment, Civil Rights, California Supreme Court

Employer takeaways from the Supreme Court's Bostock decision on LGBTQ+ rights

Aug. 24, 2020
By Kathryn G. Mantoan, Daniel A. Rubens

Both the reasoning and outcome of the ruling provide important guidance for how employers can and should think about LGBTQ+ is...



Civil Litigation, Antitrust & Trade Reg.

The line between anticompetitive behavior and hypercompetitive behavior

Aug. 21, 2020
By Jason D. Russell, Zack Faigen

Last week, the 9th Circuit handed a big victory to Qualcomm, Inc., reversing the district court’s judgment that Qualcomm unrea...


State Bar & Bar Associations, Constitutional Law

Having witnessed protests and other actions taking place in cities across the United States, including Seattle, Portland, Los ...