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Appellate Practice

Legal research, part 2

Apr. 6, 2020
By Myron Moskovitz

Picking up where we left off last column, the conversation continues between the old-timer (me) and my young associate (“YA”) ...


Law Practice

House arrest

Apr. 6, 2020
By Arthur Gilbert

Now I know what it’s like. I am under house arrest. Yes, I know I am not the only one. But I have a probation officer. Her nam...



Tax, Corporate

The unprecedented $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act, aka the CARES Act, is the largest emergenc...


Criminal, Civil Litigation

The use of hearsay during restraining order hearings

MCLE
Apr. 6, 2020
By Dean Hansell, Bryant Y. Yang

California has enacted a number of laws to curb violence at home, in the workplace, schools and elsewhere. These laws provide ...



Alternative Dispute Resolution

Mediation while keeping your (social) distance

Apr. 3, 2020
By T. Warren Jackson

What’s going to happen to the current and anticipated litigation during this stay home period?


Government, Criminal

The San Francisco Police Department is moving too slowly in implementing collaborative changes aimed at stamping out racial di...



What teachers owe students

Apr. 3, 2020
By Frank H. Wu

As a teacher, I have realized students have different assumptions now. I am sure it is an actual difference in attitudes towar...


U.S. Supreme Court, Intellectual Property, Civil Litigation

In Allen v. Cooper, the U.S. Supreme Court unanimously held that the Copyright Remedy Clarification Act of 1990, which authori...



Intellectual Property, Civil Litigation

The 9th U.S. Circuit Court of Appeals has issued a ruling which will likely make it harder for copyright owners to prove infri...


Liability for serving alcohol

MCLE
Apr. 3, 2020
By Lars Johnson

I recently encountered a case involving a liability claim related to serving alcohol. The drinker’s intoxication was alleged t...



Businesses will lose billions of dollars because they cannot operate due to the coronavirus. People either will not enter reta...


Insurance

Can you sue insurance companies for emotional-distress damages?

Apr. 2, 2020
By Richard J. Doren, Michael Holecek

The COVID-19 pandemic may give rise to a variety of novel insurance coverage disputes, and some of those disputes may include ...



Law Practice, Judges and Judiciary

This past weekend, California Chief Justice Tani G. Cantil-Sakauye, with the approval of the Judicial Council, took several ex...


“Let’s call it what it is — a disgrace – that the richest state in the richest nation, succeeding across so many sectors, is f...



Government

A month ago, it would have been unthinkable to pay $50 for an eight-ounce bottle of hand sanitizer or $250 for a 50-pack of N9...


Labor/Employment, Corporate

Startups: surviving the Black Swan of 2020

Apr. 2, 2020
By Roger Royse

Most of California is now suddenly sheltering in place under local orders to combat the Covid-19 virus and the economy has ent...



Entertainment & Sports, Civil Litigation, 9th U.S. Circuit Court of Appeals

The courtroom battle for control over the NCAA’s amateurism rules entered a new phase this month with argument before the 9th ...


How to hire CalPERS retirees the right way

Apr. 1, 2020
By Steven Berliner

Many public agencies contract with the California Public Employees’ Retirement System, or CalPERS, to provide pension benefits...



Securities, Criminal

Insider trading and COVID-19

Apr. 1, 2020
By Nicolas Morgan, Thomas A. Zaccaro

While investigating and prosecuting insider trading violations is a fixture of SEC enforcement activity, enforcement actions a...


Government

Almost every city or county has abandoned, fire damaged, or otherwise dilapidated properties. The majority of the time these p...



Tax

How to avoid property tax reassessment on transfers to children

Apr. 1, 2020
By Bruce Givner, Owen Kaye

A family limited partnership is a great platform to accomplish several positive results.


Tax, Government

A summary of the Coronavirus Aid, Relief and Economic Security Act’s tax provisions.



Government, Constitutional Law

The Coronavirus Aid, Relief, and Economic Act provides the largest fiscal stimulus in modern history and is estimated to cost ...


Constitutional Law

Essential business and the Second Amendment

Mar. 31, 2020
By Ara R. Jabagchourian

On Friday, a lawsuit was filed challenging Los Angeles County Sheriff Alex Villanueva’s effort to shut down gun stores in Los ...



California, the largest purchaser of goods and services in the country—outside of the federal government—has been particularly...


Bankruptcy

COVID-19 Stimulus aims to make Chapter 11 easier for many more small businesses

Mar. 31, 2020
By M. Douglas Flahaut, Justin A. Kesselman

The Coronavirus Aid, Relief and Economic Security Act significantly raises the debt ceiling for Chapter 11 debtors to elect to...



Real Estate/Development, Government

San Francisco Mayor London Breed issued a proclamation providing eviction protection to certain small and medium sized busines...


Government

Governor Newsom’s order is especially jarring. Unlike emergency declarations issued by his predecessors, Newsom’s order contai...



When the Department of Homeland Security released its March 19 guidance to state governments, it identified 16 critical infras...


Constitutional Law, Appellate Practice

When we call something unconstitutional, it often goes without saying what constitution we’re talking about — the federal one....