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U.S. Supreme Court, Securities

SEC may keep its disgorgement remedy

Mar. 12, 2020
By John W. Berry

Last week, the U.S. Supreme Court heard argument in Liu v. SEC, which threatened to upend perhaps the most important sanction ...


Legal Education, Law Practice, Entertainment & Sports

Compelled toward progress

Mar. 12, 2020
By Frank H. Wu

Like other fans, an extraordinarily devoted following, I felt a loss when the television series “The Good Place” came to its i...


Insurance

Finding COVERAGE for COVID-19

Mar. 12, 2020
By William M. Shernoff, Michael J. Bidart

The full extent of the business interruption caused by the novel coronavirus is unknown, but the losses are already catastroph...


Judges and Judiciary

Ballot designations favor prosecutors for the bench

Mar. 12, 2020
By Timothy D. Reuben

The results of the March 3 judicial election demonstrate one powerful fact: Prosecutors win elections to the bench because of ...


Probate, California Courts of Appeal

Not final after all: Ruling voids 1991 probate court decree

Mar. 12, 2020
By Jeffrey A. Dennis-Strathmeyer

On Feb. 24, a panel of the 1st District Court of Appeal issued a remarkable opinion concluding that a 1991 decedent estate dec...


Labor/Employment, Alternative Dispute Resolution

Virtual mediation of ERISA benefit claims in a pandemic environment

Mar. 11, 2020
By Adrienne Clare Publicover

Despite the copious amounts of hand sanitizer and disinfectant wipes available at my downtown Los Angeles office this week, I ...


Tax

Anticipating Joe Biden’s proposed capital gains tax

Mar. 11, 2020
By Bruce Givner, Owen Kaye

The New York Times reported that former Vice President Joe Biden’s tax proposals include one under which “People would have to...


Labor/Employment, Health Care & Hospital Law

Cal/OSHA’s regulations require protection for workers exposed to airborne infectious diseases such as the 2019 novel coronavir...


U.S. Supreme Court, Tax, Corporate, Civil Litigation

Corporate tax allocation agreements: No longer subject to federal common law

Mar. 11, 2020
By Stephen J. Turanchik, Douglas A. Schaaf

The U.S. Supreme Court recently struck down a federal common law interpretation of tax allocation agreements and further cauti...


California Supreme Court

You do not forfeit an objection you didn’t have

Mar. 11, 2020
By Don Willenburg

How do you preserve an objection you never made or had? You hope the California Supreme Court changes the law after your trial...


Immigration, 9th U.S. Circuit Court of Appeals

Last month the 9th Circuit halted the Trump administration’s “Remain in Mexico” asylum policy, which was one of the cornerston...


Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals

The 9th Circuit again has ruled that under the Equal Pay Act, employers may not rely on prior pay to justify pay disparities b...


Civil Litigation

Last month a Court of Appeal affirmed the trial court's sustaining of a demurrer in the case of Dumas v. Los Angeles County Bo...


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

On Feb. 26, the 9th Circuit rejected the argument that the ubiquity of social media platforms as a means of communication rend...


Labor/Employment

NLRB’s final joint-employer rule brings clarity for employers

Mar. 10, 2020
By Michael J. Lotito, Jim Paretti

Employers received welcome news from the National Labor Relations Board last month. On Feb. 26, the board published its long-a...


Letters, Law Practice, Civil Litigation

As a plaintiffs’ trial lawyer for the past 60 years, I heartily agree with Robert Tyson ‘s recent column, “Is the Defense Bar ...


U.S. Supreme Court, Immigration, Criminal, Constitutional Law, Civil Litigation

High court ruling will allow egregious misconduct to go unchecked

Mar. 10, 2020
By Ethan D. Dettmer, Joshua S. Lipshutz

In Hernández v. Mesa, decided Feb. 25, the U.S. Supreme Court decimated Bivens. What changed in the past 50 years?


Insurance, Civil Litigation, California Courts of Appeal

A recent appellate ruling shows why it is important to remember that even if a party has argued that one jurisdiction’s law go...


Judges and Judiciary

The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.


Military Law, Health Care & Hospital Law

Recent developments in veterans’ law

Mar. 9, 2020
By Eileen C. Moore

Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.


Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory

With mounting political pressure from Congress, the Trump administration, and multiple Democratic presidential candidates, 202...


Labor/Employment, Government

New law unconstitutionally restricts freelance journalists

Mar. 9, 2020
By Caleb Trotter, Jim Manley

One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...


Family, Criminal

Navigating the law of Domestic Violence Restraining Orders

MCLE
Mar. 9, 2020
By Robin Birnbaum, Jillian E. Atuegbu

The goal of this article is to provide attorneys with practical information relating to the issuance of domestic violence rest...


Alternative Dispute Resolution

The psychology of settlement

Mar. 9, 2020
By Stacie Feldman Hausner

Using the science of influence to gain an advantage in settlement discussions


Letters, Law Practice, Civil Litigation

A recent guest column by Colorado attorney Lee Mickus purports to offer a broad critique of California’s lemon law by lamentin...


Legal Education

As President Barack Obama once observed, economic justice — making sure that every American has the opportunity to succeed — i...


Law Practice, Civil Litigation

Is the defense bar being out-lawyered?

Mar. 6, 2020
By Robert F. Tyson Jr.

Nuclear verdicts — often those in which damages exceed $10 million — are increasingly commonplace in this country, presenting ...


Labor/Employment, Civil Litigation

A review of disability discrimination claims in 2019

MCLE
Mar. 6, 2020
By Jeffrey D. Polsky

In 2019, disability discrimination claims were among the most frequently filed employment discrimination claims in California ...


Labor/Employment

California has long been a national trend-setter in employment law. While some federal agencies of late have generally been mo...


Law Practice, Ethics/Professional Responsibility

Tips for taking confidential information across the border

Mar. 6, 2020
By Shari L. Klevens, Alanna G. Clair

In recent years, the number of electronic device searches at the border has skyrocketed as part of an increased focus on borde...