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Legal Education, State Bar & Bar Associations

Redlining the legal profession

Dec. 17, 2021
By Mitchel L. Winick

The recent statistics for the July 2021 California bar exam present further evidence that the process of lawyer licensing in C...


Corporate, Securities

On November 17, the Securities and Exchange Commission adopted Rule 14a-19 under Securities Exchange Act of 1934, requiring pa...


Covid Court Ops, Judges and Judiciary, Law Practice

State of LASC's Civil Division: 2021-2022

Dec. 17, 2021
By Eric C. Taylor, David J. Cowan

As 2021 comes to an end, we wanted to report on what the Los Angeles County Superior Court has been able to do this year and p...


Labor/Employment

Is there a union brewing at Starbucks?

Dec. 17, 2021
By Eli M. Kantor

In a highly symbolic victory, employees at a Buffalo area Starbucks store have voted to form a union, 19-8, in a National Labo...


Alternative Dispute Resolution, Ethics/Professional Responsibility, Law Practice

Why ethics matter in mediation

MCLE
Dec. 17, 2021
By Randa M. Trapp

Members of the legal community should be societal leaders and live up to the California attorney’s oath, which contains the fo...


Civil Rights, Education Law, U.S. Supreme Court

Should racial preferences in university admissions be legal? The U.S. Supreme Court has an opportunity to revisit that hotly d...


Law Practice

Trials in the age of COVID

Dec. 16, 2021
By Boris Treyzon

Returning to court for trial in 2021 was like being awake in a dream; many of the people and settings were familiar, but the f...


California Courts of Appeal, Criminal

Appellate ruling examines discovery rule, SOL in criminal cases

Dec. 16, 2021
By Dmitry Gorin, Alan Eisner

The court applied the “discovery rule,” which holds in general that the statute of limitations for certain financial and fraud...


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

A recent 9th Circuit decision provides answers to questions that have bedeviled district courts and practitioners in Americans...


Probate

Top 5 trusts and estates cases of 2021

MCLE
Dec. 15, 2021
By Ciarán O’Sullivan

In 2021 the Supreme Court did not issue any estates-related opinions — LPS conservatorship opinions aside — and the appellate ...


Judges and Judiciary

Despite having knowledge of major deficiencies with every part of the probate conservatorship system, Chief Justice Tani Canti...


Ethics/Professional Responsibility, Law Practice, State Bar & Bar Associations

The State Bar's justifications for the program ultimately fall flat.


Tax

Yes, even celebrities have to pay taxes

Dec. 15, 2021
By Robert W. Wood

It can sometimes seem like celebrities have it made, getting loads of free goodies and preferential treatment. Yet taxes are t...


In 1997 defendant Kenji Howard was convicted of murder of Arkett Mejia, attempted murder of Travon Johnson and two others, and...


Civil Litigation, Judges and Judiciary, Law Practice

Settling can be good

Dec. 14, 2021
By Sonya Goodwin

Enter Resolve Law LA, a little-known program offering another approach. Using judge-ordered mandatory settlement conferences, ...


Corporate, Mergers & Acquisitions

Zoom-Five9 failure doesn’t spell end of China-US investment

Dec. 14, 2021
By Tai-Heng Cheng, Li Lei

A selective reading of the facts about the failed Zoom acquisition of Five9 lends itself to a tempting clickbait headline that...


Constitutional Law, U.S. Supreme Court

SB 8 ruling: A truly terrible and dangerous decision

Dec. 14, 2021
By Erwin Chemerinsky

The U.S. Supreme Court, in its decision in Whole Woman’s Health v. Jackson on Friday, has created a roadmap for how state gove...


Labor/Employment

As many employers know, the “80/20 tip credit rule” has long been at thorn in the side of employers in the hospitality and res...


Constitutional Law, U.S. Supreme Court

So much is wrong with the U.S. Supreme Court’s Friday morning decision in the Texas abortion statute decision that it can’t al...


Appellate Practice

5 tips on appellate brief writing: perspectives from the bench & bar

Dec. 13, 2021
By M.C. Sungaila, David A. Thompson

Brief writing and oral argument form the core of appellate advocacy.


Constitutional Law, U.S. Supreme Court

Dobbs could put US out of step with the global community

Dec. 13, 2021
By Kathleen R. Hartnett, Julie M. Veroff

However the Supreme Court ultimately justifies its decision in Dobbs, one thing is clear and unrefuted: upending decades of ri...


Appellate Practice, Family

Appellate lawyers who do not routinely handle family law appeals may puzzle over unfamiliar statutes and rules applicable in m...


Labor/Employment

PAGA pains soon might not just be for California employers

Dec. 13, 2021
By Jamie Gross, Poline Pourmorady

California’s Private Attorneys General Act — sometimes called “the Bounty Hunter” statute — allows employees to sue their own ...


Administrative/Regulatory, Environmental & Energy

New laws in California and beyond on PFAS and consumer products

Dec. 13, 2021
By Willis M. Wagner, Andrew Rambo

The California Legislature has recently enacted a sweeping new set of laws that prohibit food packaging, cookware and children...


Antitrust & Trade Reg., Entertainment & Sports

National Football League tackles antitrust claims

Dec. 13, 2021
By Rachel Brass, Julian Kleinbrodt

In a ruling that should extend well beyond the gridiron, the federal appellate court delivers a timely reminder that antitrust...


Constitutional Law, U.S. Supreme Court

The U.S. Supreme Court heard oral arguments last week in Dobbs v. Jackson Women's Health Organization, a case that could deter...


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

The 9th Circuit’s reactionary Second Amendment

Dec. 10, 2021
By Donald E.J. Kilmer Jr.


Criminal, Judges and Judiciary, Law Practice

The Finality Line

Dec. 10, 2021
By Michael J. Raphael

Where the Legislature is silent about retroactivity, courts presume that the new statute will apply to all defendants whose ca...


Civil Litigation, Technology

5 commandments for selecting a digital forensic expert

Dec. 10, 2021
By Daniel B. Garrie, Gail A. Andler


Corporate, Data Privacy, Government

With the arrival of the California Privacy Rights Act, a document-retention policy is now critical to privacy compliance.