Intellectual Property, 9th U.S. Circuit Court of Appeals
Copyright ruling may limit protection for works involving history
By Cydney Tune, Vijay K. Toke
The 9th U.S. Circuit Court of Appeals recently issued an opinion in a copyright case that may significantly limit the copyrigh...
Racism, birthers and the rule of law in early California
By Michael L. Stern
A 19th century decision by the California Supreme Court is a tribute to those who stood against anti-Mexican racism.
Tax, Government, Criminal
Special treatment in Trump tax case is unwarranted
By John H. Minan
In 2019, Cy Vance, the New York County district attorney, served a subpoena on Mazars, President Donald Trump’s accounting fir...
Labor/Employment, California Courts of Appeal
Ruling corrects troubling unemployment insurance claim trend
By Mai Linh Spencer
The 1st District Court of Appeal has issued an opinion one hopes will make it easier for some workers to obtain benefits where...
U.S. Supreme Court, Constitutional Law
RBG’s death portends a legitimacy crisis for the United States Supreme Court
By Ben Feuer
Four of the five conservative justices on today’s Supreme Court were nominated by presidents who lost the popular vote. Three ...
State Bar & Bar Associations, Legal Education
Access to justice: California can learn from Arizona, Utah
By Zack DeMeola
In 2018, 55% of Californians at all income levels experienced at least one civil legal problem in their household, yet nearly ...
Technology, Law Practice
Legal argumentation and artificial intelligence
By Lance Eliot
The core of our adversarial approach relies upon the essential groundwork of legal argumentation. Lawyers and legal profession...
State Bar & Bar Associations, Law Practice, Covid Columns
Diploma privileges and full faith and credit licensing in COVID-19 era
By Joseph Robert Giannini
The “diploma privilege” boils down to full faith and credit access to justice for “Us” and no faith and credit for “Them,” mea...
Torts/Personal Injury, Law Practice, Covid Columns
Resolving your personal injury case in the new ‘abnormal’
By John Shaw
Leveraging alternative dispute resolution procedures to stay afloat during a pandemic
Antitrust & Trade Reg.
Bruce Springsteen may have been Born In The USA, but what about his Levi’s?
By Amy P. Lally, Collin P. Wedel
The Federal Trade Commission recently issued proposed rules for claiming products are “made” in the USA, and penalties under t...
The current disasters across California, the country, and the world are not the “new normal.” In fact, the magnitude and frequ...
Tax, Labor/Employment, Covid Columns
President Trump’s payroll tax deferral
By Maureen Linch
President Trump issued an executive memorandum last month to allow payroll tax deferral for employees in response to the ongoi...
U.S. Supreme Court, Civil Rights
Supreme Court set to consider limits of long-arm personal jurisdiction over nonresidents
By Douglas K. deVries
The court will consider whether the ‘arise out of or relate to’ requirement for a state court to exercise specific personal ju...
Insurance, Covid Columns
One thing COVID hasn’t changed: insurers’ duty to investigate
By Kirk A. Pasich
As recent court decisions have shown, one thing that has not changed is an insurer’s duty to investigate a claim submitted by ...
Constitutional Law, Civil Litigation
Dershowitz faces some hurdles in defamation case against CNN
By Douglas E. Mirell
From anti-SLAPP issues to providing ‘clear and convincing evidence’ of knowing falsity, the Harvard professor’s defamation cas...
Technology, Constitutional Law
TikTok, WeChat bans on hold due to deal, injunction
By Anita Taff-Rice
Trump has now wielded the First Amendment eraser on his presidential pen to outright ban Tiktok and WeChat social media applic...
Technology, International Law, Data Privacy
Facebook strikes back regarding the right to transfer data from EU
By Victoria Burke
This month, Facebook announced it is the subject of an inquiry by the Irish Data Protection Commission. The commission had iss...
Law Practice, Criminal, Covid Court Ops, Covid Columns
Reflections on the first post-pandemic jury trial in San Francisco
By Sierra Villaran
Upon learning that my client and I were going to be part of the first post-pandemic jury trial in San Francisco, I was nervous...
U.S. Supreme Court, Education Law, Civil Rights
Prop 16 bans racial quotas but promotes diversity: Here’s why
By David B. Oppenheimer
Last week we learned that California Proposition 16 is behind in the polls, with 47% of likely voters inclined to vote no on t...
Insurance, Covid Columns
Bill is lifeline for those drowning in business interruption claim denials
By Anthony Crawford, Amber Finch
Numerous state and federal legislative efforts have been launched to provide relief to businesses through their insurance port...
Top 100 list leaves off family law practitioners
I congratulate the 100 deserving attorneys recognized in the Sept. 16, 2020 supplement to the Daily Journal. I was sorry to se...
Law Practice, Covid Columns, Appellate Practice
10 tips for participating in remote video oral argument
By Johanna Schiavoni
As a certified appellate specialist attorney, I’ve argued more than 30 appeals, including (now) arguing remotely by video. The...
Law Practice, Covid Columns, Civil Rights
What will civil jury trials look like?
By Samantha P. Jessner
On Oct. 5, the Los Angeles County Superior Court will resume jury trials in some civil matters.
Intellectual Property, Civil Litigation
Ruling outlines factors for denial of IPR based on efficiency grounds
By Jeff Smyth
Fintiv sets forth six factors for the PTAB to consider when determining whether to exercise its discretion under 35 U.S.C. Sec...
U.S. Supreme Court, Government
Lawyers, lies and hypocrisy: McConnell and Graham on RBG
By Paul Von Blum
Will they remember Merrick Garland?
Government, Covid Columns
California seeks to get ahead of pandemic voting issues
By Audrey Perry Martin
Presidential elections are always prime battlegrounds for partisan clashes on voting rules. This year, however, a global pand...
A bite of an apple leads to a lawsuit.
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
State Bar review department isn’t afraid to reverse the hearing department
By Jennifer Teaford
It is always worth considering appealing from a decision of the hearing department of the State Bar Court.
Labor/Employment
AB 2257: A closer look at the new exemptions to AB 5
By Karen L. Corman, Anne Villanueva
AB 2257 provides that the exemptions to AB 5 should be reviewed under the Borello worker classification standard, instead of D...
Entertainment & Sports, Civil Rights
Kaepernick kneeling is still a symbol we need
By William W. Bruzzo
I previously commented that NFL fans were hypocritical in claiming to be offended by Colin Kaepernick’s kneeling which they be...