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Probate, Family

In Duke, the California Supreme Court expanded the power of the trial court to admit extrinsic evidence to correct mistakes in...


Labor/Employment

On June 9, the California Public Utilities Commission issued an order designating all gig drivers classified as independent co...



U.S. Supreme Court, Constitutional Law

Heller is almost a teenager. It’s time for the Supreme Court to change the status of the Second Amendment-from legal orphan, t...


Government, Constitutional Law

Executive order turns the 1st Amendment on its head

Jun. 17, 2020
By Anita Taff-Rice

Now the Trump administration has repurposed the First Amendment. Even those of us who are many years away from being bleary ey...



U.S. Supreme Court, Entertainment & Sports

Complex battle rages over sports wagering in California

Jun. 17, 2020
By Dennis M.P. Ehling

A battle raging over the prospect of sports betting in California is set to play out this Thursday in the California Senate.


Real Estate/Development

Tenants, landlords face a patchwork of COVID-19-related laws

Jun. 17, 2020
By Jon E. Goetz, Russell E. Morse

Commercial and residential tenants and landlords seeking to address the financial impact of COVID-19 shelter-in-place orders a...



Tax, Real Estate/Development

Offering significant relief from the repercussions of the coronavirus pandemic, the Internal Revenue Service recently released...


U.S. Supreme Court, Criminal, Constitutional Law

The Supreme Court and qualified immunity

Jun. 16, 2020
By Erwin Chemerinsky

On Monday, the Supreme Court inexplicably denied certiorari in a number of cases which posed issues concerning qualified immun...



U.S. Supreme Court, Criminal, Constitutional Law

Federal appellate court speaks out on qualified immunity

Jun. 16, 2020
By Jeremy K. Robinson

Only a little more than a week after the protests started, a panel of the 4th Circuit issued an opinion on the use of excessiv...


Law Practice, Constitutional Law, Appellate Practice

Joe, part 2

Jun. 16, 2020
By Myron Moskovitz

Though he never went to law school, Joe Tussman co-authored one of the foundational pieces underlying the Supreme Court’s expa...



Everyone knows that tax returns are due April 15 most years. In California, that means both the IRS and the FTB. But 2020 has ...


Health Care & Hospital Law

Bill would bring drugs that treat serious conditions to market faster

Jun. 16, 2020
By Georgia C. Ravitz, David M. Hoffmeister

Recently, Sen. Mike Braun introduced the Conditional Approval Act, which would amend the Federal Food, Drug and Cosmetic Act t...



Law Practice, Civil Rights

We’re the biggest part of the problem

Jun. 15, 2020
By Dan Lawton

“Protecting the powerless”? The most esteemed and well-paid lawyers of their times tirelessly petitioned legislatures and judg...


Tax, Labor/Employment

Easing the restrictions of the Coronavirus Aid, Relief, and Economic Security Act’s Payment Protection Program program, on Jun...



Tax

Should you change your accounting method? An emerging cannabis loophole

Jun. 15, 2020
By Andrew Gradman, Abraham Finberg

Even the best tax planning tends to be complex and unpredictable. Recently, however, planners have become interested in a simp...


Real Estate/Development, Insurance

Recognizing the issue as a matter of first impression, the Court of Appeal construed the statutory language as limiting covera...



Contracts, Constitutional Law

Understanding the contract clause of the US Constitution

MCLE
Jun. 15, 2020
By Gary S. Ganchrow

There would seem to exist a wide chasm between the constitutional protections afforded by the contract clause to protect again...


Government, Environmental & Energy, Civil Litigation

California Attorney General Xavier Becerra is leading a multistate coalition in filing suit against the EPA, Department of Tr...



Law Practice, Judges and Judiciary

Civil court closures will have lasting impact

Jun. 15, 2020
By Gerald L. Sauer

COVID-19 has turned the world as we know it upside-down, but it has done quite a number on the civil court system. In its rush...


Civil Rights

Asian-American Heritage Month in review

Jun. 12, 2020
By Frank H. Wu

Asian-American Heritage Month, May, has ended, and just as well. The government proposals made as the celebrations were conclu...



Law Practice

Each juror brings a unique perspective and experience to the process, but together they create new energy. When jurors aren’t ...


Alternative Dispute Resolution

The COVID-19 pandemic’s impact on civility in mediations

Jun. 12, 2020
By Joan B. Kessler, Tori Hirsch

Usually, crisis and stress are catalysts for incivility, yet it seems that people are trying harder to be “nice” now in virtua...



Government, Constitutional Law

President Trump and the Rule of Law

Jun. 12, 2020
By Joseph R. Grodin

It’s a funny thing about the Rule of Law: It’s not a rule, and it’s not a law. It is, rather, a set of principles, a body of n...


Criminal

Rule 4 rescission: untethered from reason

Jun. 12, 2020
By Jacqueline Goodman

Ironically, in a vote cast by email to ensure their own safety in the midst of the COVID-19 pandemic, the California Judicial ...



Law Practice

We lawyers are accustomed to incremental change based on reasoned consideration of precedent. Legal precedent is designed to c...


Law Practice, Ethics/Professional Responsibility, Civil Litigation

The 6th District Court of Appeal recently issued a landmark decision upholding the trial court’s sustaining of a demurrer, wit...



U.S. Supreme Court, Criminal, Civil Rights

Facts are stubborn things

Jun. 12, 2020
By Robert L. Bastian Jr.

In reviewing uses of force, what law departments now consider as facts relevant to determining whether force is reasonable sig...


Health Care & Hospital Law

Broad immunity for nursing homes is short-sighted

Jun. 11, 2020
By Christa H. Ramey

In a report issued on June 4, the Centers for Medicare and Medicaid Services, which oversees most nursing homes in the United...



Government, Criminal

Good cop, bad cop and the US attorney general

Jun. 11, 2020
By Howard Gillingham

Attorney General William Barr does not know a good cop from a bad one. United States District Judge Emmitt Sullivan may soon t...


Civil Litigation

The hearsay rule and a re-introduction to Evidence I

Jun. 11, 2020
By Michael D. Marcus

A recent ruling provides an introductory law school review of what is hearsay and what is not.