U.S. Supreme Court, Securities
Opinion invites future battles on limits of SEC disgorgement
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
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
By Arthur J. Burke, Jesse Solomon
Recent developments and strategic implications.
Corporate, Antitrust & Trade Reg.
May I have another? Antitrust immunity for serial petitioning
By Stephen McIntyre
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.
Changes in Japanese cartel law to increase investigations and civil lawsuits in California?
By Eliot A. Adelson, Daiske Yoshida
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
9th Circuit: Tax filing sent via FedEx didn’t qualify for mailbox rule
By Robert W. Wood
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
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 lawyer incivility reached the courts? Courts should consider the motives underlying motions for judicial disqualification
By Thomas N. Vanderford Jr.
Has the long but regrettable decline in civility among lawyers now expanded to incivility toward the courts? Demands for judic...
Letters, Judges and Judiciary
Article mischaracterized San Francisco County Superior Court operations
By T. Michael Yuen
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
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
Flawed study by Berkeley Law clinic produces flawed conclusions
By Michele A. Hanisee
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?
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
Bostock opinions rewrite the likely future of the Supreme Court
By Sanford Jay Rosen
There was no plethora of opinions in Bostock, only three — the 33-page majority opinion for the court by Justice Neil Gorsuch,...
Law Practice
LA courts are finally embracing greater electronic access
By Paul R. Kiesel
Law Practice, Consumer Law
Enforcement of money judgments: How the new debtor exemptions impact you
By Jessica Williams
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
The $1.6 million question:When is an out-of-court statement not hearsay?
By Sarah Hofstadter
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
FFCRA forces public agencies to comply with FLSA ‘regular rate of pay’ calculations
By Elizabeth T. Arce, Jennifer K. Palagi
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
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...
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
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
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
Delayed bar exam creates missed opportunities for law graduates
By Mitchel L. Winick
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
Early neutral evaluation: The road less traveled
By Greg Derin
Before heading to mediation, try ENE.
Alternative Dispute Resolution
Migrating away from traditional models of mediation
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
RESOLVE Law San Diego: an unprecedented courtroom alternative
By Amy Rose Martel
Recognizing the need for civil litigants to have a venue to resolve disputes outside the court, members of that task force, re...
Law Practice
An interview with: Dylan Nicole de Kervor of the Civil Rights Division of the US Department of Justice
By Mallika Kaur, Dylan Nicole de Kervor
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
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
‘Incognito’: class action alleges it does not mean what you think it means
By Amy Lawrence
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
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
Controlling qualified immunity: Amend the Civil Rights Act
By John H. Minan
Many argue that the defense of qualified immunity protects the police more than the Civil Rights Act protects its citizens.