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Law Practice

For most of the last two decades, I have been a member of the Honorable William A. Ingram American Inn of Court, in San Jose. ...


Labor/Employment

Navigating the COVID-19 presumption for workers’ compensation claims

May 29, 2020
By Dwayne McKenzie, Kevin Hannifan

Executive Order N-62-20 establishes a rebuttable presumption, for purposes of awarding workers’ compensation benefits, that em...


Civil Litigation

Many persons outside the residential housing industry may not be aware that parties to an unlawful detainer proceeding are sta...


Law Practice, Alternative Dispute Resolution

Thinking outside the mask: law and the pandemic

May 29, 2020
By Robert S. Mann

Desperate times call for clever solutions. I’ve been rounding up stories about the many innovative ways in which lawyers and m...


Law Practice

In San Diego, lawyers have stepped up to the challenge by creating innovative ways to keep everyone safe while practicing soci...


U.S. Supreme Court, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals

The 9th Circuit decided a case on May 22 in which it firmly rejected First Amendment arguments which contested the application...


Health Care & Hospital Law, Alternative Dispute Resolution

One of the most frequent types of health care arbitrations is that between a provider of health care services (e.g., physician...


Our closets, garages, file cabinets and food pantries have never looked better during the lockdown. But, as we prepare for lif...


Environmental & Energy, 9th U.S. Circuit Court of Appeals

Climate change lawsuits belong in state court

May 28, 2020
By Myanna Dellinger

On Tuesday, the 9th Circuit held in two separate opinions that lawsuits for damages to infrastructure caused by energy compani...


Courts recognize the unequal bargaining power in deciding whether a prosecutor has breached a plea agreement. As with any one-...


Civil Litigation, California Courts of Appeal, Appellate Practice

Evidence: An eternal struggle?

May 28, 2020
By Gary A. Watt, Nicole Kim

The hearsay rule traces back 500 years, and its ascension to a uniform principle occurred in the 1800s. How is it that 120 or ...


Letters, Criminal

Juror challenge bill is an opportunity to lead

May 28, 2020
By Elisabeth Semel

I am writing in response to the Daily Journal’s article May 26 article, “Bill aims to curb some juror challenges.” While the a...


U.S. Supreme Court, Constitutional Law, 9th U.S. Circuit Court of Appeals

All together in one place: time to open the churches

May 28, 2020
By William J. Becker Jr., Jeremiah Graham

This Sunday, just as the disciples were “together in one place,” a number of churches throughout the state are planning to mar...


Constitutional Law

COVID-19 meets the 5th Amendment

May 27, 2020
By Michael M. Berger

This column is concerned with one specific kind of guarantee and one specific type of relief: Are these orders valid under the...


Law Practice, Judges and Judiciary

It goes without saying that COVID-19 has disrupted all facets of daily life. As any practicing attorney knows, the effect on t...


Law Practice, Alternative Dispute Resolution

The extraordinary events of the last few months have affected millions of lives and the one thing that can restore more certai...


Labor/Employment

As employers today navigate complex issues that they had never imagined, there are more than a few myths circulating about the...


Previous articles indicate that if COVID-19 is a force majeure event, it is one like no other ever litigated: a worldwide pand...


Banking

COVID-19 exceptions in credit agreements (Part II of II)

May 26, 2020
By Sandra Lee Montgomery, Bharat Moudgil

This article discusses additional considerations related to COVID-19’s impact on credit agreements.


U.S. Supreme Court, Intellectual Property

Last week, the U.S. Supreme Court unanimously reversed the 2nd Circuit’s application of res judicata to bar Lucky Brand’s asse...


Family

Assessing risk of Family Code Section 271 sanctions

May 26, 2020
By Vivian Carrasco Hosp, Lance S. Spiegel

The back log of family law cases in the superior court is severe, estimated at 32,000. Unfortunately, in many of these cases, ...


Entertainment & Sports, Antitrust & Trade Reg., 9th U.S. Circuit Court of Appeals

Ruling in NCAA case has the potential to remake the amateurism system

May 26, 2020
By Maurice M. Suh, Drew Tulumello

Last week, the 9th Circuit issued its decision in one of the biggest legal cases in the National Collegiate Athletic Associati...


U.S. Supreme Court, Environmental & Energy

The Supreme Court's latest Clean Water Act decision does not provide a clear answer for when discharges through groundwater re...


Letters, Judges and Judiciary

As someone who has written law review articles and drafted opinions for the California Supreme Court, I appreciated Justice Mi...


Tax, Labor/Employment

With the COVID-19 shutdowns resulting in millions of job layoffs, small business owners scrambled to apply for Paycheck Protec...


Labor/Employment, California Courts of Appeal

By confirming a property interest in employment and fraud as a basis of a public policy claim (albeit in the context of Penal ...


Law Practice, Judges and Judiciary

Dangerous fictions

May 22, 2020
By Curtis E.A. Karnow

Legal fictions are problematic because we’re in the truth-finding business. These fictions are dangerous for judges, because ...


Law Practice, Books

This is the fourth installment for the Daily Journal (following reviews of Louis Nizer’s The Jury Returns, John Kaplan’s and J...


Law Practice

As luck would have it, an urgent client matter required that I make an ex parte appearance at Stanley Mosk in the second week ...


Law Practice, Ethics/Professional Responsibility

As lawyers, we are trained to examine facts, uncertainty is unsettling. We are goal oriented, so future ambiguity is disturbin...