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U.S. Supreme Court, Securities

Opinion invites future battles on limits of SEC disgorgement

Jun. 24, 2020
By Thomas A. Zaccaro, Nicolas Morgan

Liu v. SEC is likely only the beginning of the SEC’s challenges on this front, as it leaves unanswered thorny questions about ...


Bankruptcy

Section 547 amendments’ impact on bankruptcy trustees

Jun. 24, 2020
By Nancy Simons, Jeremy Faith

For practitioners, these changes are worthy of discussion, lest you or your client find yourself on the receiving end of a dem...



Mergers & Acquisitions, Corporate, Antitrust & Trade Reg.

A range of outcomes on merger challenges

Jun. 24, 2020
By Arthur J. Burke, Jesse Solomon

Recent developments and strategic implications.


Corporate, Antitrust & Trade Reg.

The “Noerr-Pennington doctrine” says you can’t be held liable under the antitrust laws for asking the government to do someth...



Corporate, Antitrust & Trade Reg.

The Northern District of California has been a primary location for government antitrust investigations and civil lawsuits inv...


Tax, 9th U.S. Circuit Court of Appeals

Marijuana, the IRS and taxes have a difficult relationship. In a recent 9th Circuit ruling, the unhappy story starts with a re...



Bankruptcy

Discharging taxes in bankruptcy: Where you live may make a difference

Jun. 24, 2020
By Robert Horwitz, Lacey Strachan

A wave of bankruptcies is likely due to the impact of the COVID-19 crisis on the economy and the unemployment rate. For someon...


Has the long but regrettable decline in civility among lawyers now expanded to incivility toward the courts? Demands for judic...



Letters, Judges and Judiciary

In a Daily Journal story on June 19 titled “Access advocates pressure court to end closed proceedings,” the newspaper grossly ...


Government, Criminal

Defunding: A structural solution to a structural problem

Jun. 23, 2020
By Tony Flemmer, Sajid A. Khan

A society’s budget reveals its moral values, and by that metric, 21st century America barely hovers above bankruptcy. Our budg...



Government, Criminal

The Death Penalty Clinic at Berkeley Law released a study last week that concludes that "racial discrimination is an ever-pres...


Government, Constitutional Law

Did Twitter cross the line by commenting on Trump’s tweets?

Jun. 23, 2020
By Daniel Rozansky, Cristy Jonelis

While Twitter, like other interactive computer service providers, enjoys protection under the Communications Decency Act from ...



U.S. Supreme Court, Labor/Employment, Constitutional Law

There was no plethora of opinions in Bostock, only three — the 33-page majority opinion for the court by Justice Neil Gorsuch,...


Law Practice



Law Practice, Consumer Law

Senate Bill 616, which goes into full effect on Sept. 1, 2020, has many purposes, chief among them the creation of an automati...


California Courts of Appeal, Appellate Practice

One of the most difficult areas of law to learn and apply is the hearsay rule. Appellate lawyers, and even learned appellate j...



Labor/Employment

The Families First Coronavirus Act requires certain employers to provide employees with Emergency Paid Sick Leave or Expanded ...


Bankruptcy

COVID-19 and the equitable powers of bankruptcy courts

Jun. 22, 2020
By Stuart B. Rodgers

It is inevitable that the ongoing global pandemic will continue to affect nearly all facets of social and business life across...



Tax

IRS taxes most loan forgiveness, beware exceptions

Jun. 22, 2020
By Robert W. Wood

The Payroll Protection Program, or PPP, has been one of the things holding many small businesses together. Now that loan forgi...


Government, Constitutional Law

The right to publish, with impunity, truth

Jun. 19, 2020
By Stephen F. Rohde

President Trump’s attempt to enjoin the release of John Bolton’s book faces a number of legal and constitutional roadblocks.



Law Practice, Ethics/Professional Responsibility

Contemporaneous: Keeping accurate time records

Jun. 19, 2020
By Franklin R. Garfield

It is the rare attorney who will never have a fee dispute. A recent case emphasizes the importance of keeping accurate and con...


State Bar & Bar Associations, Legal Education, California Supreme Court

July bar applicants may now have to wait until October to take the California bar exam according to the California Supreme Cou...



Alternative Dispute Resolution

Before heading to mediation, try ENE.


Alternative Dispute Resolution

Migrating away from traditional models of mediation

Jun. 19, 2020
By Daniel B. Garrie, Gail A. Andler

Mediation is often viewed by lawyers as a “this” or “that” on the spectrum from facilitative to evaluative. In reality, experi...



Law Practice

Recognizing the need for civil litigants to have a venue to resolve disputes outside the court, members of that task force, re...


A conversation with a civil rights attorney about how she navigated intersecting traumas and gifts of growing up in Berkeley a...



Real Estate/Development, Government

State Assembly to vote on bill to bolster borrower, tenant protections

Jun. 19, 2020
By Jordan Tessier, Linda Rangel

Assembly Bill 2501 must pass off of the assembly floor by Friday. If passed, the bill will put in place certain loan forbearan...


Data Privacy, Civil Litigation

The complaint alleges that although Google tells users that it’s Incognito mode allows them to “browse privately,” Google is a...



U.S. Supreme Court, Labor/Employment, Constitutional Law, Civil Rights

An unexpected majority opinion

Jun. 18, 2020
By Robert L. Bastian Jr.

The Supreme Court’s decision in Bostock v. Clayton Country, Georgia, handed down on Monday, is a thrilling victory for propone...


U.S. Supreme Court, Criminal

Many argue that the defense of qualified immunity protects the police more than the Civil Rights Act protects its citizens.