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State Bar & Bar Associations, Ethics/Professional Responsibility

The State Bar of California’s confused crusade against LegalMatch

Jul. 30, 2020
By Ellen A. Pansky, Carl I.S. Mueller

In order to improve access to legal services, the State Bar should promote the use of online attorney referral and matching sy...


Letters, Consumer Law, Civil Litigation

The July 27 column, “Time to end systematic abuse of California’s lemon law,” authored by two Hyundai Motor America in-house c...



Government, Civil Litigation

In important ways, the John Bolton and Mary Trump cases are not representative of the broader ongoing efforts of Trump and his...


Law Practice

Bad and getting worse: homelessness in Los Angeles

Jul. 29, 2020
By Myanna Dellinger

In part overshadowed by fears of COVID-19, the homelessness situation in Los Angeles and beyond is far from easing up. Once t...



U.S. Supreme Court, Constitutional Law

Time to reconsider Jacobson?

Jul. 29, 2020
By Scott J. Street

Religion continued its losing streak against the COVID-19 pandemic in the U.S. Supreme Court over the weekend, as the court re...


Labor/Employment

Those that do not comply with the state’s evolving guidance on workplace safety and health will likely be subject to citations...



Family, California Supreme Court

Knowing when an asset or liability is community or separate property is essential, not just in a divorce but also in debtor-cr...


Law Practice

When implementing modern-day technology for law practices and the courts, there is an oft-used line known to insiders that com...



Securities, Corporate, Banking

The rule restricts the ability of banking entities to engage in proprietary trading or to have certain interests in, or relati...


Securities, Corporate

PIPEs: Optionality in volatile markets

Jul. 28, 2020
By Sara L. Terheggen

A PIPE, or private investment in public equity, is a private placement transaction executed in accordance with the Section 4(a...



Law Practice

Managing COVID-19’s second wave of disruption for your law firm

Jul. 28, 2020
By Daniel O'Rielly, Dena Roche

Another wave of change is coming. We think of it as analogous to the aftershocks of an earthquake: They happen after the big e...


Government, Ethics/Professional Responsibility

The fact that the Department of Justice is used to carry out the president’s broad policy preferences is neither surprising no...



U.S. Supreme Court, Constitutional Law

Kelo, continued

Jul. 28, 2020
By Michael M. Berger

For those who have either forgotten or don’t keep up with takings law, Kelo v. New London was the bombshell case in which a 5-...


Consumer Law, Civil Litigation

Time to end systematic abuse of California’s lemon law

Jul. 27, 2020
By Thomas N. Vanderford Jr., Zhanna Bulkina

In the midst of the current global pandemic, California’s state courts have been severely impacted. Now, more than ever, it is...



Government, Civil Litigation

Government Claims Act

MCLE
Jul. 27, 2020
By Jeffrey Y. Hamilton Jr.

The object of this article and accompanying self-study test is to familiarize readers with procedures under the Government Cla...


Land Use, Civil Litigation, California Supreme Court

The court’s rationale is that motions under that statute are limited to eminent domain actions and other remedies, such as sum...



State Bar & Bar Associations, Law Practice

Rural California suffers a painful shortage of lawyers

Jul. 27, 2020
By Lisa R. Pruitt, Kelly V. Beskin

Although about a fifth of the nation’s population lives in rural areas, these places are home to only 2% of small law practice...


Government, Ethics/Professional Responsibility, Criminal

Ethics rule could reduce conflicts of interest for prosecutors

Jul. 27, 2020
By Diana Becton, Chesa Boudin

In the wake of the recent killings of George Floyd, Ahmaud Arbery, Breonna Taylor, and countless others in California and beyo...



Law Practice, Judges and Judiciary

A checkerboard of compliance

Jul. 24, 2020
By Mary Ellen Waller

Courts must fulfill statutory duties while safeguarding the well-being of the public they serve. Some courts in California are...


International Law, Government, Data Privacy, Administrative/Regulatory

The rise and fall of the EU-US Privacy Shield

MCLE
Jul. 24, 2020
By Heather A. Antoine, Mallory Petroli

On July 16, the Court of Justice of the European Union announced its much awaited decision in the Schrems II case. The court d...



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

Distinguishing between discrimination and advocacy

Jul. 24, 2020
By David M. Majchrzak, Heather L. Rosing

The ABA recently issued an ethics opinion to clarify the line between legitimate advocacy and conduct that would violate Model...


Labor/Employment, Civil Litigation, Alternative Dispute Resolution

#BlackLivesMatter and conflict resolution

Jul. 24, 2020
By Angela Reddock-Wright

A trauma-informed approach to mediating claims of race discrimination.



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

A puff of smoke at the settlement conference?

Jul. 24, 2020
By Louie H. Castoria

There’s a fine line separating legal “puffery” from outright lying.


State Bar & Bar Associations, Legal Education

We should applaud the changes to the California bar

Jul. 24, 2020
By Kevin R. Johnson

In less than ideal circumstances with a global pandemic in the background, the California Supreme Court and State Bar worked d...



Family, California Courts of Appeal

The 5th District Court of Appeal recently clarified two principles of California family law.


Government, Civil Rights

CUR elevates some fundamental rights over others

Jul. 24, 2020
By Stephen F. Rohde

Secretary of State Mike Pompeo’s recently created Commission on Unalienable Rights released its first draft report last week.



Legal Education, Law Practice

An interview with UC Hastings Professor Naomi Roht-Arriaza

Jul. 24, 2020
By Mallika Kaur, Naomi Roht-Arriaza

A conversation with international human rights expert and UC Hastings Professor, on writing about traumatic events to trauma-c...


Mergers & Acquisitions, Corporate

In this article, we examine how post-COVID-19 M&A deals have actually addressed these issues, by reviewing a sampling of p...



U.S. Supreme Court, Civil Litigation

Latest decision to keep anti-SLAPP out of federal court may spark high court review

Jul. 23, 2020
By Derek F. Foran, Michael E. Komorowski

A ruling by the 2nd Circuit is the latest, and perhaps the most high-profile, federal appellate decision to hold that a state ...


Criminal

Time has come for DA offices to create Police Crimes Units

Jul. 23, 2020
By Aram B. James, Richard G. Konda

Absent a complete defunding or abolition of police departments, we must have concrete and measurable ways to hold police accou...