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Law Practice

The COVID-19 pandemic and the recent civil unrest are having a disproportionate effect on people in California's low-income co...


Government, Constitutional Law, Civil Litigation

What are they thinking?

Jul. 1, 2020
By Michael M. Berger

This is a story about railroads, property owners and government litigation strategy.



Government, Criminal

What exactly is qualified immunity? Why does it exist? How is it applied?


Intellectual Property, Entertainment & Sports

As Congress gets ready to consider revisions to the 1998 landmark Digital Millennium Copyright Act, online service providers a...



Construction, Civil Litigation, California Courts of Appeal

What is the meaning and intent of the term “willful” under Business and Professions Code Section 7110 — and does a violation o...


Criminal

Police procedurals have made the Miranda warnings so well-known that most Americans can recite them by rote. But there is a lo...



Government

California makes voting by mail easier

Jun. 30, 2020
By Marc D. Alexander

While voting by mail has become a political flashpoint, with President Donald J. Trump and Attorney General William Barr invei...


Family

Litigating trust and estate disputes before private judges

Jun. 30, 2020
By Ryan J. Szczepanik, John D. Minton

It is not surprising that trust and estate disputes continue to increase. The number of people entering retirement age is incr...



Labor/Employment

SF’s new right to re-hire: A double-edged sword

Jun. 30, 2020
By Atticus S. Lee

In a bid to protect countless employees laid-off and furloughed during the COVID-19 pandemic as business begin to re-open, San...


U.S. Supreme Court, Immigration

A reprieve for DACA recipients

Jun. 30, 2020
By Maggie Carter, Daniel Suvor

The U.S. Supreme Court’s long-awaited decision last week rejecting the Trump administration’s attempt to rescind Deferred Acti...



Family, Criminal

Claims of domestic violence have been on the upswing during the pandemic; catch up with recent statutory changes affecting the...


Criminal, Constitutional Law

The 4th Amendment to the Constitution was drafted to protect us against unreasonable searches and seizures. Essentially, this ...



Corporate, Civil Litigation, Antitrust & Trade Reg., Administrative/Regulatory

Antitrust and national security: The 5G race continues

Jun. 29, 2020
By Noah A. Brumfield, Jonathan (Jack) Klaren

Recent actions by the Antitrust Division reflect a greater interest in moderating antitrust policies in consideration of natio...


Government

Trump’s private unrecorded meetings with President Vladimir Putin of Russia have not yet been revealed, and many citizens are ...



Government, Constitutional Law

In December 2019, as preparations were underway for the impeachment trial of Donald Trump, Republican Sens. Mitch McConnell an...


Government, Constitutional Law

Twitter is in the clear from Devin Nunes’ suit over parody tweets

Jun. 29, 2020
By Karine Akopchikyan, Cristy Jonelis

Immunity under Section 230 is the reason why Twitter was able to successfully dismiss California Republican Rep. Devin Nunes’ ...



International Law, Insurance, Civil Litigation

International treaties and conventions are often strictly construed by U.S. courts without regard to common law principles. Tw...


Criminal, Civil Rights

While AB 3070 has nothing to do with access to health care or economic relief, it has everything to do with addressing the end...



U.S. Supreme Court, Immigration

Ruling is win for DACA recipients, though possibly temporary

Jun. 26, 2020
By Michael N. Litrownik, Chauniqua D. Young

A U.S. Supreme Court decision last week was a major — if temporary — victory in the ongoing fight to protect the rights of you...


Letters, Criminal

I am writing in regard to the column by Deputy District Attorney Michele Hanisee attacking both Berkeley Law’s landmark report...



Criminal

If our legal system is to be preserved, the problem of racial bias must be meaningfully addressed. Because the underrepresenta...


Government, Data Privacy

CCPA enforcement and final regulations

MCLE
Jun. 26, 2020
By Mallory Petroli, Heather A. Antoine

Since the California Consumer Privacy Act went into effect on Jan. 1, many businesses have been eager to receive the promised ...



Civil Litigation

Should businesses be worried about COVID-19 lawsuits?

Jun. 26, 2020
By Jacqueline Serna

We’ve seen it again and again across the country during the COVID-19 pandemic: State lawmakers adopting emergency rules that s...


Law Practice, Ethics/Professional Responsibility

The legal complications caused by COVID-19 have raised some novel legal issues, but there are no special COVID-19 ethics rules...



Law Practice, Alternative Dispute Resolution

Friends, not enemies

Jun. 26, 2020
By Sidney Kanazawa

As a mediator, I listen to all sides and hear how each perceives the other. With this insight, I help parties collaborate and ...


Immigration, Government

An immigration landscape full of land mines

Jun. 25, 2020
By Petro Kostiv

Despite a win in the recent DACA case, rules proposed by the Department of Homeland Security and an executive order by Trump i...



Intellectual Property

USPTO cannot handle ‘artificial inventors.’ Now what?

Jun. 25, 2020
By David V. Sanker Ph.D, Jianbai "Jenn" Wang Ph.D

Because current patent laws do not allow artificial inventors, we address two questions: (1) What can we do right now if a dev...


Family

It’s been about 100 days since California issued its COVID-19 stay-at-home orders. For my own solo family law practice, and fr...



The COVID-19 pandemic is a disruptive force leading us to contemplate different ways of doing things. One outgrowth of this ma...


Criminal, California Supreme Court

A right with a remedy

Jun. 24, 2020
By Samuel Weiscovitz

Dropping arguments against retroactivity of judicial decisions is an easy (and morally correct) way for the attorney general t...