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Government, Civil Litigation

The SAFE TO WORK Act, which is part of the larger Health, Economic Assistance, Liability, and Schools Act, provides under spec...


Civil Litigation

The COVID-19 virus has been a boon to plaintiff lawyers seeking to cash in on the events related to the pandemic and the shutd...



Labor/Employment, Government, Administrative/Regulatory

The Americans With Disabilities Act at 30

Aug. 5, 2020
By Kristina M. Launey

The evolution of disability access in the United States under 30 years of Title III of the ADA.


Obituaries, Judges and Judiciary

Justice William F. Rylaarsdam, 1937-2020

Aug. 5, 2020
By Eileen C. Moore

From a village in Holland to the California Court of Appeal.



Immigration

Professional visas: An overview of H-1Bs and alternatives

Aug. 5, 2020
By Tiffany Chang Wu, Mitch Wexler

In 2020, USCIS received approximately 275,000 registrations during the registration period. Since there were more registration...


Labor/Employment, Corporate, Civil Litigation, California Supreme Court

Section 16600 and Ixchel: benefit or burden?

Aug. 5, 2020
By Patrick Hammon

California courts have long wrestled with how to strike an appropriate balance between free and unfettered competition, on the...



Corporate

California aims to lead the way again in diversity on boards

Aug. 5, 2020
By Teresa L. Johnson, Amy V. Endicott

In 2018, California took the bold step to require a minimum number of women directors on the boards of California-based public...


Appellate Practice

AWOL@OralArg.gone

Aug. 4, 2020
By Benjamin G. Shatz

Many lawyers consider oral argument to be the climax of the appellate process, yet in some (exceptional) cases, oral argument ...



Law Practice, Criminal, Civil Litigation, California Supreme Court, Appellate Practice

A ‘clear and convincing’ appellate standard

Aug. 4, 2020
By Robert Olson, Ted Xanders

In a recent opinion, the California Supreme Court, in a unanimous decision authored by Chief Justice Tani Cantil-Sakauye, reso...


Letters, Criminal

Story on peremptory challenge bill was inaccurate, unbalanced

Aug. 4, 2020
By AJ Kutchins, Elisabeth Semel

In giving a unilateral voice to those who insist the bill is “premature,” the article is tone deaf — as are many of the bill’s...



Intellectual Property, Civil Litigation

New wrinkle in patent licenses with state universities

Aug. 4, 2020
By Jason A. Lief, Michelle Rhyu

When multiple parties share interests in a patent, there can be conflict and complexity over decisions regarding patent litiga...


Construction, Civil Litigation

Last year, the 9th Circuit overturned an arbitration decision in favor of a local Afghani subcontractor seeking termination co...



Criminal, California Supreme Court

Despite flaws, some continue to push for bail algorithm

Aug. 4, 2020
By Jeffrey J. Clayton

When the system erred, it consistently showed that Black defendants were predicted to be higher risk, while white defendants w...


Torts/Personal Injury, Letters

I read with interest Robert Tyson's July 31 column, "The Reptile Theory: Use it." But a question: Mr. Tyson objects that the R...



Family

Collecting child, spousal support using retirement assets and income

Aug. 3, 2020
By Ira M. Friedman, David Friedman

Often while the obligor is actively working it is relatively easy to collect the past due amount or the current support throug...


Law Practice, California Supreme Court

Chin up

Aug. 3, 2020
By Arthur Gilbert

I had dinner the other evening with the philosopher Heraclitus of Ephesus. I remarked that Justice Ming Chin was retiring from...



Law Practice, Appellate Practice

Creative brief writing

Aug. 3, 2020
By Myron Moskovitz

How you write a brief is hemmed in by the Rules of Court and, to a lesser extent, by custom (what judges are used to seeing). ...


U.S. Supreme Court, Constitutional Law

Rulings show the fall of the wall between church and state

Aug. 3, 2020
By Julie A. Werner-Simon

Four U.S. Supreme Court cases from last term, coupled with the news that the Catholic Church received $1.4 billion in COVID-19...



Labor/Employment

NLRB undermines the ‘heart’ of Section 7 protected activity

Aug. 3, 2020
By Dennis F. Moss, Jeremy F. Bollinger

Imagine that your client learns in the course of a workplace arbitration where she was awarded $500,000 that a company owner h...


U.S. Supreme Court, Environmental & Energy

What is a “Water of the United States?”

Aug. 3, 2020
By Marc R. Bruner

Courts are already issuing conflicting decisions in litigation involving the new WOTUS regulations.



Judges and Judiciary, Ethics/Professional Responsibility

In California the judge’s Oath of Office begins, “I solemnly swear that I will support and defend the Constitution of the Unit...


Law Practice

A remote perspective on Johnny Depp’s libel action

Jul. 31, 2020
By Alexander Rufus-Isaacs

For three weeks in July, the main conference room at the Beverly Hills Bar Association functioned as an extension of England’s...



Law Practice

Cross-examination: Avoiding ambush by witness

Jul. 31, 2020
By Michael L. Stern

Here are some pointers on how to avoid putting a foot in your mouth when the judge says, “Cross-examination, please.”


Law Practice

The Reptile Theory: Use it!

Jul. 31, 2020
By Robert F. Tyson Jr.

The number one driver of nuclear verdicts is juror anger. The challenge for defense lawyers is to figure out how to defuse tha...



U.S. Supreme Court, Health Care & Hospital Law, Civil Rights

On July 8, the Supreme Court issued a blow to the ongoing fight for birth control access. The case in question involved a rule...


Law Practice, Civil Litigation, Alternative Dispute Resolution

A former general counsel and litigator turned mediator's take on potential rude awakenings and steps to avoid them.



Civil Rights, Books

In his new book, “The Deviant’s War,” Eric Cervini chronicles how Kameny’s sheer determination began to chip away at homosexu...


The first test of whether corporate “federal forum selection” clauses will be enforced by California courts will occur on Frid...



Civil Litigation

Trends emerge under Northern District’s class settlement guidelines

MCLE
Jul. 30, 2020
By Darren K. Cottriel, Ann T. Rossum

In November 2018, the United States District Court for the Northern District of California adopted the Procedural Guidance for...


Labor/Employment

Post-Janus power shift of California’s private and public sector unions

Jul. 30, 2020
By Che I. Johnson, Kevin J. Chicas

As private sector management rights grow, public sector employers are seeing a growing imbalance.