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Civil Litigation, Administrative/Regulatory

Pitfalls of proposed amendments to CDA Section 230

Oct. 29, 2020
By Daniel Rozansky, Cristy Jonelis

Recently proposed amendments to Section 230 of the Communications Decency Act will increase interactive computer service provi...


Family

A judge I regularly practice in front of once confessed that “move-away” custody cases are the worst part of his job.


Labor/Employment, Covid Columns

Some questions, and few answers, about the ramifications of COVID-19 on disability claims.


Technology, Government, Corporate, Antitrust & Trade Reg.

Is the DOJ’s Google antitrust lawsuit just the beginning?

Oct. 28, 2020
By David W. Kesselman, Amy T. Brantly

While the lawsuit against Google is certainly a welcome beginning, it will take more than a single lawsuit to open up competit...


Environmental & Energy, California Supreme Court

The Nevada Supreme Court recently issued a landmark decision interpreting the public trust doctrine that is fundamentally inco...


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

Neither I nor any of the numerous others who thought that the Supreme Court finally cleared the decks for federal court litiga...


Law Practice, Ethics/Professional Responsibility

Selfish civility?

Oct. 28, 2020
By Michael P. Masuda

The idea is that we benefit, perhaps selfishly, by acting with civility and professionalism: by simply being nice.


Government, Civil Litigation

A recent California appellate decision has injected some doubt into the ability of municipalities to recover their attorney fe...


U.S. Supreme Court, Criminal, Constitutional Law, California Courts of Appeal

Does “hot pursuit” of a misdemeanor suspect categorically qualify as an exigent circumstance, excusing obtaining a warrant pri...


U.S. Supreme Court, Intellectual Property, Civil Litigation

This month, the U.S. Supreme Court granted three petitions seeking review of a Federal Circuit decision holding that all admin...


Insurance

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers, and other insur...


Government

The Department of Justice filed a motion to substitute the government for Trump as the defendant in Jean Carroll’s defamation ...


Tax, Criminal

“Biggest ever” can be a term you might want to hear about some things. But if it is a tax issue you are describing, “biggest e...


Corporate, Antitrust & Trade Reg.

Will Congress restore antitrust to protect competition?

Oct. 26, 2020
By David W. Kesselman, Amy T. Brantly

In a year like no other, with a deadly pandemic raging and in the midst of a polarizing presidential election, a recent congre...


Law Practice, Appellate Practice

What a long, strange trip it’s been

Oct. 26, 2020
By Sarah Hofstadter

Lessons from an unorthodox career


Bankruptcy

We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted t...


Criminal

Los Angeles district attorney candidate George Gascón proposes that domestic violence victims, even if served with a subpoena,...


Technology, Communications Law, Administrative/Regulatory

Recent headlines have renewed questions about who will control the build out of the next generation of wireless networks, know...


Criminal

Review the rules requiring corroboration of accomplice testimony

MCLE
Oct. 26, 2020
By Gregory L. Prickett

The objective of this article and accompanying self-study test is to review the rules regarding the requirement that testimony...


Law Practice, Ethics/Professional Responsibility, Covid Columns

Client communications during COVID-19

Oct. 23, 2020
By Louie H. Castoria

California's Rules of Professional Conduct are primarily about one thing: communication. And communicating effectively with cl...


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

A tale of civility

Oct. 23, 2020
By Patrick M. Kelly

The story behind the State Bar oath become more.... civil.


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

Ruling demonstrates when employers are agents of insurers

Oct. 23, 2020
By Robert J. McKennon

A recent 9th Circuit decision affirms that in the context of employer-sponsored benefits, the employer is the agent of the ins...


State Bar & Bar Associations, Legal Education, Law Practice

The State Bar of California Provisional License Working Group released a memorandum last week supporting a proposal to impleme...


Tax, Law Practice

If you are a plaintiff, you should care about taxes, and if you are a plaintiff’s lawyer, you should make sure your client tak...


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

Just what makes a decision “final” enough to support a Fifth Amendment takings claim?


Law Practice, Civil Litigation

You have marshalled your evidence, tagged your exhibits, scheduled your witnesses, and drafted your motions in limine. Now it ...


Law Practice

An interview with: Taina Gomez, Solano County DPD

Oct. 22, 2020
By Mallika Kaur, Taina Gomez

Mallika speaks to a deputy public defender about what the last decade of indigent defense work has taught her about the diffic...


In recent years I have had the good fortune to obtain large verdicts for my personal injury clients, including three of the to...


Law Practice, Intellectual Property, Covid Columns

The pandemic has affected virtually every aspect of the practice of law. But we have heard little about how intellectual prope...


Technology, Law Practice

A common assumption is that the law ought to be readily codified into a form of pure logic and thus amenable to easily being e...