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Judges and Judiciary

Times, they changed

Oct. 2, 2023
By Arthur Gilbert

Many decades ago, judges were more guarded about who they truly were as human beings. Today most are more willing to reveal th...


U.S. Supreme Court

Maybe Plato had a point – democracy is pretty good, but once in a while it gets out of hand, and nine old wise guys and gals a...


U.S. Supreme Court, Government

An urgent public interest exists in the U.S. Supreme Court resolving the uncertainty and controversy about whether Trump is el...


It is true that body language and other forms of nonverbal communication have meaning. I am unaware of anyone who disputes suc...


U.S. Supreme Court

A Ruthless Court

Oct. 2, 2023
By Floyd J. Siegal

After Ruth died, Christopher Scalia shared the story of an encounter between his father and a fellow judge years earlier in Ju...


A unique attribute of our justice system

Oct. 2, 2023
By David Rosenberg

Only one nation – the United States of America – allows jury trials in the vast majority of civil cases.


SB 345 is the latest of a series of measures passed by the Legislature recently seeking to protect Californians from the overr...


Destroy the records, destroy the corporate veil

Sep. 29, 2023
By Marisa B. Miller, Kevin Chang

California Court Of Appeal rules that manager’s destruction of company records supports finding of unity of interest sufficien...


SpaceX wields the Constitution against the government

Sep. 29, 2023
By Liliana Gallelli, Esq.

The SpaceX countersuit claims that it has a constitutional right to have the case heard in an “Article III” court and calls fo...


The Don on Trial

Sep. 29, 2023
By C. Joseph Greaves

Although separated by nearly ninety years, the parallels between the Trump and Lucania prosecutions are many, and if you squin...


New law bolsters tenant displacement safeguards

Sep. 29, 2023
By Julia Wobbe, Joseph Tobener

The expansions in Senate Bill 567 collectively create a more encompassing and equitable framework for tenant rights and afford...


Effective networking isn't about amassing a vast number of business cards or attending countless events--it's about cultivatin...


Administrative/Regulatory

What your foreign national client needs to know about visas

Sep. 28, 2023
By Greg Berk, Christine Doyle

Foreign national clients are often confused about their visa options and durations for staying in the U.S., with some cases su...


Administrative/Regulatory

From the start, the PPP loan program was destined for problems. Speed was prioritized over security, and conscious choices wer...


Securities, Administrative/Regulatory

New SEC rules create industry chaos

MCLE
Sep. 28, 2023
By Sara L. Terheggen

While the industry watches and waits for the outcome of the lawsuit filed by six trade associations against the SEC, private f...


Ethics/Professional Responsibility

As California lawyers, we are actually assisted by our status as the last holdout state to adopt some version of ABA rule 8.3 ...


Ethics/Professional Responsibility

Civility should not be the exception

Sep. 28, 2023
By Arash Homampour

How the annual civility oath will be taken and documented is not entirely clear, but the simple recitation of words once a yea...


Intellectual Property, Administrative/Regulatory

The Google case is historically significant as the first major antitrust challenge against a tech company in over two decades,...


Entertainment & Sports, Contracts

Oppressive examples of college athletes signing away lifetime rights for deals now may not provide the long-term benefits they...


Torts/Personal Injury

Airport noise is back in the news

Sep. 27, 2023
By Michael M. Berger

One of the classic things that courts have used to restart any limitations period has been the level of noise produced. That i...


Tax, Labor/Employment

Employee retention credits prompt IRS audits

Sep. 27, 2023
By Robert W. Wood

Though there are plenty of legitimate ERC claims, there have been fraudulent ones too. As a result, businesses that legitimate...


Antitrust & Trade Reg.

It simply does not make sense or constitute sound public policy that anticompetitive agreements and conduct involving “combina...


Intellectual Property, Civil Procedure, 9th U.S. Circuit Court of Appeals

The court appears to be willing to exercise personal jurisdiction based on a defendant’s prior operations and activities in a ...


Data Privacy, Administrative/Regulatory

In recent years, the CFPB and FTC have taken aggressive enforcement actions against debt relief companies, putting the credit ...


Administrative/Regulatory

If professional court reporters will not be producing the transcripts from recordings of court proceedings and gig transcriber...


The question arises whether universities should provide warnings about potential liability alongside their legally mandated st...


Land Use, Environmental & Energy, Administrative/Regulatory

Social noise is not an environmental impact

Sep. 26, 2023
By Brandon Kline

Thanks to Assembly Bill 1307, UC Berkeley’s student housing initiative, and similar projects that faced public scrutiny, can p...


Torts/Personal Injury

Everything is “inherent” when understanding a public entity’s duty to warn for hazardous recreational activities. Several rece...


Guide to Legal Writing

13 essential principles for advanced legal writers

Sep. 25, 2023
By Steven B. Katz

If you can, banish the fact section completely and discuss pertinent facts in the proper level of detail in the argument. Orga...


Government, Constitutional Law

Senate Bill 2 eliminates the good cause requirement for the issuance of said permit to carry, and whose counterpart version in...