Government
CARES Act funds are being unlawfully witheld from incarcerated persons
By George K. Rosenstock
Shortly after the IRS began sending out stimulus payments on April 10, the Treasury Department's Inspector General for Tax Adm...
Government, Constitutional Law, Civil Litigation
Litigation continues over Trump’s right to block Twitter users
By Daniel Rozansky, Cristy Jonelis
Social media access is arguably more important than ever. For those individuals whose social media accounts have been blocked ...
U.S. Supreme Court, Health Care & Hospital Law
Supreme Court will hear latest attack on ACA next term
By John H. Minan
The U.S. Supreme Court has once again agreed to determine the fate of the Affordable Care Act. Oral argument is planned for No...
Law Practice, Judges and Judiciary
California civil jury trials in the time of COVID-19
By Edward R. Hugo, Tina M. Glezakos
As a recently commenced civil jury trial demonstrates, while some courts endeavor to proceed with jury trials during the COVID...
Labor/Employment
Uber, Lyft drivers: employees... at least until November
By Eric B. Kingsley
On Monday, in an action initiated by the state of California and joined by the cities of Los Angeles, San Diego and San Franci...
Law Practice
Preserving and persevering in the pipeline
By Lisa M. Gilford, Simone Jones
Tips for success for diverse associates in large law firms
Administrative/Regulatory
The FDA and qualified health claims: a case study
By David M. Hoffmeister, James R. Ravitz
The claims made on foods and dietary supplements are important. These claims can help consumers make informed purchasing decis...
The global response to COVID, but particularly in the U.S., reflects a willful disregard of science-based warnings about comin...
Offering further guidance for investors, the Internal Revenue Service recently issued proposed regulations for carried or prof...
Civil Litigation, California Supreme Court
Analyzing Ixchel v. Biogen’s new rules
By John F. McLean, Patrick E. O’Shaughnessy
Last week, California's Supreme Court established two new pleading rules: For claims of tortious interference with at-will con...
Data Privacy, Administrative/Regulatory
BIPA: How an Illinois privacy law is helping shape security standards
By Kamran Salour
Easily forgotten amidst the seemingly never-ending onslaught of unprecedented events of 2020 is the Supreme Court’s decision t...
Labor/Employment, Government, California Supreme Court
‘I’m still standing!’: The California Rule after Alameda
By Gregg Adam
Alameda undoubtedly could have been far worse for employees — after all, in a man-bites-dog moment, a progressive Democratic g...
Immigration, Administrative/Regulatory
Cannabis licenses could pose risk to foreign nationals’ immigration status
By Kresimir Peharda
Saying no to your client is never fun. That is especially true when the reason is something so bizarre and unrelated to the su...
Government, Civil Litigation
PPP and FCA claims: Defenses may vary among circuits
By Shawn Collins, Lisa M. Northrup
Recipients of Paycheck Protection Program loans beware the varying approaches among the circuits because their defense against...
Intellectual Property, Entertainment & Sports, Civil Litigation
Young v Trump 2020: No more Rockin’ In The Free World
By Michael Peters
Neil Young recently filed a lawsuit against Donald J. Trump for President, Inc. for copyright infringement over use of his son...
In less than three months, California voters will be asked to decide the fate of the “Protect App-Based Drivers and Services A...
Corporate, Antitrust & Trade Reg.
Will the Big Tech antitrust hearings have any impact?
By Jon Cieslak, Steven Cernak
On July 29, the CEOs of Amazon, Apple, Facebook and Google sat before the United States House Judiciary Subcommittee on Antitr...
Data Privacy
How do US businesses handle data transfers with the EU going forward?
By Victoria Burke
Last month, the Court of Justice for the European Union invalidated the “adequacy decision” made by the European Commission on...
Constitutional Law
Two cooks in California’s policy kitchen
By David A. Carrillo, Stephen M. Duvernay
It’s an election year, so the California initiative process is enduring the usual complaints about the initiative as “an insti...
Insurance
Will COVID-19 business interruption suits really bankrupt the insurance industry?
By Bradley Wallace
On July 30, the United States Judicial Panel on Multidistrict Litigation heard oral arguments in advance of deciding whether t...
Law Practice, Ethics/Professional Responsibility, Civil Litigation
Should we revisit the ‘prior win’ standard for malicious prosecution?
By Louie H. Castoria
A recent decision by the 4th District Court of Appeal may explain why some litigants and lawyers don’t know when to stop. As t...
State Bar & Bar Associations, Legal Education
Dear Blue Ribbon Commission: Eliminate the one-day Attorney Examination
By Benjamin R. Delson
Does the California State Bar really believe that an attorney who has been representing clients in another state for four year...
Technology, Law Practice
‘Legal desert’ report fuels support for embracing remote lawyering and AI
By Lance Eliot
The American Bar Association has released its latest annual report titled ABA Profile of the Legal Profession 2020, showcasing...
Civil Litigation, California Courts of Appeal, Alternative Dispute Resolution
Arbitrators, without specific authority, can’t order third-party discovery
By Michael D. Marcus
A recent appellate court ruling addresses an arbitrator’s authority to order third-party discovery.
Government
Taxpayers are picking up Trump’s tab without knowing the bill
By John H. Minan
No American president has ever monetized the presidency like President Donald Trump, his family, and the Trump Organization. D...
Law Practice
Remember the importance of time off during the pandemic
By Shari L. Klevens, Alanna G. Clair
While the long-term ramifications of the pandemic remain to be seen, many commentators have observed the potential for increas...
“Appeals are the last little step in the drama.” Appellate lawyers are told this from time to time. Such thinking can sink an ...
NLRB decision runs over workers’ rights
By Ira L. Gottlieb
A recent decision by the National Labor Relations Board is the latest in a parade of decisions and rulemaking intended to impo...
Education Law
School reopenings in California are dangerous and unnecessary
By Christa H. Ramey
In the middle of the most devastating public health crisis in more than a century, the Trump administration and its supporters...
Congressman John Lewis died on July 17 and, as this is being written, he lies in state at the U. S. Capitol. “Walking with the...