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There is no question that the first year of practicing law is meant to be challenging, but nothing could have warned the class...


Ethics/Professional Responsibility

The pandemic’s impact on attorneys’ mental health

Jun. 5, 2020
By Shari L. Klevens, Alanna G. Clair

The COVID-19 global pandemic is something of a perfect storm for those with a history of mental health and substance abuse pro...


Law Practice, Criminal

Change is coming

Jun. 5, 2020
By Nina Marino

Twenty-eight years ago, I was a new attorney practicing criminal defense law. I took court appointed cases. In the wake of the...


Military Law, Judges and Judiciary

How the military handle another viral disease, HIV

Jun. 5, 2020
By Eileen C. Moore

The Pentagon has already issued COVID-19 guidance, and then reversed itself. Before further COVID-19 policies are formulated, ...


Alternative Dispute Resolution

How drawing informs the art of mediation

Jun. 5, 2020
By Jan Frankel Schau

In creating a drawing, the artist needs to consider whether she wants it to be obscure and abstract or crisp, marked by fine, ...


Data Privacy

Data identification and preservation in a COVID-19 world

Jun. 5, 2020
By Jason H. Tokoro, Ryan Mackey

This is the first in a two-part series of articles addressing how today’s work-from-home world has changed how data is created...


Tax, Labor/Employment

The House has passed a bill to expand Payment Protection Program, or PPP, loans in key ways. The Senate has its own version un...


Alternative Dispute Resolution

The wisdom of kindness in negotiations

Jun. 4, 2020
By Greg Derin

We are all engaged in a great struggle. Pandemic or not, this is the nature of our journey. Throughout our negotiations, we se...


Intellectual Property, Government

Politicians from both political parties have floated various proposals for limiting or eliminating CDA immunity. If those effo...


Government, Banking

Don't bank on preemption for AB 2501

Jun. 4, 2020
By Prasad Krishnamurthy

California Assembly Bill 2501 would provide needed relief to consumers with mortgage and automobile debt. AB 2501 would halt a...


Law Practice

We have a choice

Jun. 4, 2020
By Sidney Kanazawa

We have a choice. To stay silent. To yell. To destroy. To blame. To not see. To not hear. Or — like Gandhi, King, Mandela, Ken...


Securities, Government, Corporate

ESG disclosure issues during—and after—the COVID-19 pandemic

Jun. 4, 2020
By Peter I. Altman, Stacey H. Mitchell

So-called “environmental, social and governance,” or ESG, disclosures may soon become a topic for an increasing number of comp...


U.S. Supreme Court, Constitutional Law

The COVID-19 pandemic finally reached the U.S. Supreme Court last week. Unfortunately, it got there with a case, South Bay Uni...


Environmental & Energy

California should designate the western Joshua tree for protection

Jun. 3, 2020
By Douglas P. Carstens, Michelle Black

This month, the California Fish and Game Commission will be evaluating whether to advance a petition to list the western Joshu...


U.S. Supreme Court, Labor/Employment

On Monday, in a 5-4 decision issued, the Supreme Court made it a whole lot more difficult for retirement plan participants to ...


Labor/Employment, Civil Litigation

During the pandemic, California has experienced a perfect storm that might unleash waves of employment litigation.


Construction, California Courts of Appeal

Construction specifications generally come in two flavors: “design” specifications and “performance” specifications. Design sp...


U.S. Supreme Court, Criminal, Constitutional Law

When qualified immunity offends common sense

Jun. 3, 2020
By John H. Minan

Although the qualified immunity doctrine properly protects government officials for innocent mistakes, the doctrine is easily ...


Intellectual Property

Intellectual property and the exclusivity it provides its owners is a valuable tool for cannabis businesses, allowing them to...


Corporate

The first outside director

Jun. 2, 2020
By David F. Larcker, Brian Tayan

Little is known about the process by which pre-IPO companies select independent, outside board members — directors unaffiliate...


Intellectual Property, Entertainment & Sports

A recent report by the Copyright Office includes a series of recommendations on how to reallocate rights and risks in ways som...


Law Practice, Civil Litigation, Appellate Practice

A little help here?

Jun. 2, 2020
By Benjamin G. Shatz

On its face, Section 166.1 is a rather peculiar statute. As you might guess, it was drafted by lawyers for their use, speciall...


Securities, Corporate

Investor protections in private equity funds

Jun. 2, 2020
By Sara L. Terheggen

o best protect their investment, investors should determine whether the general partner has incorporated any recourse protecti...


Labor/Employment, Government

How COVID-19 could permanently transform public agency operations: lessons learned

Jun. 2, 2020
By T. Oliver Yee, Alysha R. Stein-Manes

The coronavirus public health emergency has drastically changed how workplaces operate. This is particularly true for public a...


Constitutional Law

May 27, 2020, will be remembered as the day when the president of the United States publicly threatened to censor political sp...


Law Practice, Judges and Judiciary

'We are all in this...

Jun. 1, 2020
By Arthur Gilbert

…together?’


Law Practice, Constitutional Law, Appellate Practice

Joe, part I

Jun. 1, 2020
By Myron Moskovitz

Who was Joseph Tussman?


Using his significant -- and underutilized -- power to control post-conviction case resolution, the AG can serve the public in...


The news in this opinion is that the California Supreme Court has found that preventive detention is constitutionally permitte...


Government, Administrative/Regulatory

Last week, President Donald Trump signed an executive order with far-reaching implications for regulatory agency enforcement p...