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Judges and Judiciary, Criminal

The human aspects of judging are a mystery to most members of the public, and even to lawyers. As a fan of "insider stories," ...


Law Practice, Civil Litigation

Why not follow the best road?

Aug. 21, 2020
By Gerald G. Knapton

A recent appellate ruling shows that while there are a number of ways lawyers can prove their hours to a trier of fact, only o...



Law Practice, Civil Litigation

The ‘catalyst theory’ of attorney fees

MCLE
Aug. 21, 2020
By Angela Reid

The California Supreme Court has endorsed the catalyst theory under which a plaintiff may receive attorney fees if he or she c...


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

A new standard for determining waiver of work product privilege

MCLE
Aug. 20, 2020
By LaKeysia Beene, Jason E. Fellner

The 9th Circuit recently set forth a new and clarifying standard for determining whether a party to a federal action has waive...



Entertainment & Sports, Civil Litigation

While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward w...


Criminal, Constitutional Law

Identity theft crimes create a unique situation in cases that involve the booking exception to Miranda. During the booking pro...



Technology, Law Practice

A new artificial intelligence tool known as GPT-3 has been getting a lot of media attention and fueling excitement for what AI...


In the age of COVID-19, we are all armchair epidemiologists and virologists. These topics closely relate to a larger branch of...



Torts/Personal Injury, Government

The 'CAREN' we need?

Aug. 19, 2020
By Myanna Dellinger

You have heard the stories from around the nation recently: A woman called the police because she perceived “an African-Americ...


Environmental & Energy

The ongoing saga of the Dakota Access Pipeline

Aug. 19, 2020
By Melissa Malstrom

July was a tough month for the pipeline industry.



Torts/Personal Injury, Civil Litigation, California Supreme Court

Proposition 51 makes “each defendant” jointly liable for all economic damages, but severally liable for noneconomic damages on...


Administrative/Regulatory

The court this month applied the standard from one of the oldest communications devices — payphones — to largely uphold the Fe...



Government, Constitutional Law

On Aug. 8, President Donald Trump issued an executive order and three presidential memoranda tied to fighting the financial ef...


Letters, Law Practice

I was disappointed when I read the Aug. 12 supplement, “Top 40 Under 40.”



State Bar & Bar Associations, Immigration

Licensing nonlawyers to practice immigration law will harm consumers

Aug. 18, 2020
By Shirin Egodage, Sabrina R. Damast

Recently the State Bar of California approved recommendations by its Task Force on Access Through Innovation of Legal Services...


Constitutional Law, Civil Rights

It took 70 years of advocacy for the 19th Amendment to pass, and it has taken a hundred more for the Equal Rights Amendment to...



Government, Constitutional Law

Senator Kamala Harris is eligible to be vice president

Aug. 18, 2020
By Erwin Chemerinsky

Some conservatives, and now President Donald Trump, have advanced an argument with absolutely no legal foundation — that Harri...


In June 2018, then-Attorney General Jeff Sessions issued a sweeping decision known as Matter of A-B- in an attempt to eliminat...



Government, Environmental & Energy

Governor Gavin Newsom recently released the final version of his Water Resilience Portfolio, which identifies 142 state action...


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

The 9th Circuit recently rejected the government’s appeal of a district court decision denying its motion to dismiss a False C...



Law Practice, Appellate Practice

In pro per

Aug. 17, 2020
By Myron Moskovitz

We all may like to grumble about the legal system from time to time, and may even about appellate judges themselves. But consi...


Tax, Civil Litigation

The appeal is still a win for plaintiffs, and it may influence even more suits. There are already vast numbers of cases. Most ...



Intellectual Property, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Recent developments in copyright law

MCLE
Aug. 17, 2020
By Neville L. Johnson, Douglas L. Johnson

Characters, ideas and the 9th Circuit


Intellectual Property, Government

New election, same tune

Aug. 14, 2020
By Jordyn Ostroff, Cassandra Seto

Danger facing political campaigns for using songs without permission



Tax worries about crypto have changed. Audits involving crypto have now ramped up in a big way. The IRS has crypto training no...


Health Care & Hospital Law, Administrative/Regulatory

Agency in charge of Proposition 65 has lost its way

Aug. 14, 2020
By Raphael Metzger

The Office of Environmental Health Hazard Assessment (OEHHA) is the scientific agency that is responsible for administering th...



Law Practice

Unfortunately, the one hour of MCLE on competence that we are required to complete every three years does little to prepare us...


There has been an increasing call for enabling greater open access to court records of the U.S. justice system, which catches ...



Labor/Employment, Entertainment & Sports, 9th U.S. Circuit Court of Appeals

Who’s watching Hollywood’s gatekeepers?

Aug. 14, 2020
By Duncan Crabtree-Ireland, Danielle Van Lier

Ruling in Judd v. Weinstein will help address sexual harassment in non-employment, professional contexts


Military Law

Vanessa and other women who have served

Aug. 13, 2020
By Eileen C. Moore

Supposedly, women have equal employment opportunities within our nation’s armed forces. But to avail themselves of those oppor...