Letters, Legal Education
Improve lawyer skills instead of lowering admission standards
By William F. Fahey
Here we go again. Three years ago, a few law schools pushed to lower the pass score for the California bar exam. I wrote then ...
Law Practice, Judges and Judiciary
Rapidly changing eviction law in the COVID-19 era
By Douglas W. Stern
Undoubtedly you did not purchase this newspaper to read this article. By the time it is in print it shall be marginally out-of...
Law Practice, Health Care & Hospital Law
Financial elder abuse claims in the COVID-19 environment
By Vatche Zetjian, Neil Erickson
In this COVID-19 environment, elders are especially vulnerable to financial abuse due to the inherent nature of the shelter-in...
Alternative Dispute Resolution
Maximizing online platforms for success in arbitrations
By Jeffrey Benz
The new normal has arrived and will dominate how we as arbitrators and arbitration professionals participate in and conduct he...
Labor/Employment
Navigating the new normal: legal issues when bringing employees back from furlough
By Todd R. Wulffson
Over 95% of the U.S. population is currently under stay-at-home or shelter-in-place orders. Millions of workers have been laid...
Tax
COVID-19 response: Keep your employees, claim tax credits, or get forgivable loans
By Robert W. Wood
The Coronavirus Aid, Relief, and. Economic Security Act was passed after some marathon sessions in Congress to provide some ne...
It used to be a standing joke in the land use community that the only thing that land use planners hated more than sprawl was ...
Health Care & Hospital Law, Civil Litigation
MICRA limits loss caused by physician assistants’ unsupervised acts
By Andrew J. Chan
The 2nd District Court of Appeal created a bright-line rule that a physician assistant acts within the scope of his or her lic...
Civil Litigation, California Supreme Court, Alternative Dispute Resolution
Parties to an arbitration agreement may waive Hague Convention compliance in ‘narrow’ decision
By Jason D. Russell, Virginia F. Milstead
The California Supreme Court unanimously held that “sophisticated business entities” that are contracted for arbitration under...
Law Practice, Criminal
Reflections on trying an 8-week jury trial during COVID-19
By Randy Sue Pollock
With the virus raging through Kentucky as well as the nation, Judge Caldwell was presented with a challenge unlike any other f...
Bankruptcy
Congress, it’s about time to get rid of that stupid means test
By M. Jonathan Hayes
The main effect of the means test is that it has increased the amount attorneys charge consumer filers since the form requires...
I have a recurring experience that a few others might share as well. As a lawyer who happens to belong to a minority community...
U.S. Supreme Court, Constitutional Law
Gun rights: Mooting politics at the US Supreme Court
By William Slomanson
On Monday, the U.S. Supreme Court dodged what could have been its pièce de résistance in a trilogy of 2nd Amendment “keep and ...
Real Estate/Development
A tenant’s best friend: Ban pet restrictions in residential leases
By Daniel J. O'Connell
There is a growing movement to eliminate the right of a landlord to impose a complete restriction on residential tenants havin...
Real Estate/Development
Zombie foreclosure: What is it and how can it be fixed?
By Ryan Griffith
With the coronavirus wreaking havoc on the economy, the issue of zombie foreclosure will resurface. This article will explain...
Government, Environmental & Energy, Administrative/Regulatory
States are lining up to challenge SAFE vehicle rules
By John H. Minan
The Trump administration is intent on rolling back those promises. On March 30, NHTSA and EPA released their “final” version o...
Government, Administrative/Regulatory
Managing privacy and cyber risks as operations move online
By Lindsey Tonsager, Kathryn E. Cahoy
This new virtual reality has brought privacy and security risks into focus. In response to regulators issuing recent warnings...
Government, Contracts
Working with the government to address COVID-19: basics of government contracting
By Sara Ponzio, David Dowd
This article addresses key flexibilities in government contracting. An agile procurement system is critical to addressing new ...
Labor/Employment, California Supreme Court
Where will the next California Supreme Court decision on state minimum wage laws come from?
By Gregg Adam
One burning question among California employer lawyers these days is whether, with its recent decision in Frlekin v. Apple (th...
U.S. Supreme Court, Government, Constitutional Law
The COVID-19 pandemic should spell the end of the Supreme Court’s Jacobson rule
By Scott J. Street
The COVID-19 pandemic has led to thousands of deaths in the United States and millions of lost jobs. It is also likely to open...
Administrative/Regulatory
FCC declines to extend comment period during COVID-19
By Anita Taff-Rice
Even a worldwide pandemic won’t stop FCC Chairman Ajit Pai from trying to jam through a rulemaking to shore up numerous provis...
Insurance
COVID-19 prompts battle over business interruption insurance
By Dawn Saunders
Insureds are now looking to business interruption insurance as a potential source of economic relief. So far, the insurance in...
Labor/Employment
COVID-19: Employer reimbursement of remote-work expenses
By David Kessler, Josh Henderson
To reduce the spread of COVID-19, many employers have been requiring their employees to work remotely (either voluntarily or b...
Government, Civil Litigation, Banking
Congressional report paints damning picture of Wells Fargo
By Jeremy K. Robinson
Wells Fargo’s problems may not be over. Last month, the Democratic staff of the Committee on Financial Services for the U.S. H...
Labor/Employment, Health Care & Hospital Law
Uber and Lyft need to do more during pandemic
By Joseph H. Low IV
Uber and Lyft continue to mumble to themselves like sleepwalkers that drivers are independent contractors. Uber claims, and an...
Law Practice
Writing is becoming more significant during the COVID-19 crisis
By Hirbod Rashidi
Awaiting oral argument scheduling in one of my cases, I wondered how the Court of Appeal was going to deal with the COVID-19 c...
The object of this article and accompanying self-study test is to familiarize readers with gang crimes, including the offense ...
U.S. Supreme Court, Native Americans, 9th U.S. Circuit Court of Appeals
The changing the landscape of tribal jurisdiction
By Jack Duran
The 9th Circuit recently found jurisdiction over a non-tribal member under both prongs of Montana v. U.S.
Law Practice, Judges and Judiciary, Civil Litigation
COVID-19 and 8-person juries
By Randolph A. Rogers
Size does matter, but not in the way you might think.
You don’t need this column to tell you that the past couple months have been exceedingly exceptional. February had 29 days, Ma...