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Last week, the Senate Judiciary Committee issued an interim staff report on the use of the DOJ by Donald Trump and his allies.


Civil Litigation, Constitutional Law, Labor/Employment

In August, a trial court in Alameda County invalidated Proposition 22 — a statutory voter initiative that classified many app-...


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

Courts confront racist immigration law

Oct. 12, 2021
By Ahilan Arulanantham

A pair of 9th Circuit cases will examine what the Constitution requires Congress to do when confronted with the present-day ef...


Law Practice, Technology

There are a veritable plethora of computer-based natural language processing systems these days, such as the widely popular Al...


U.S. Supreme Court

There is no such thing as value-neutral judging

Oct. 12, 2021
By Erwin Chemerinsky

Over a century ago, the Legal Realists exploded the myth that judges can mechanically apply the law without making value choic...


Law Practice, State Bar & Bar Associations

Paraprofessional program: problems and proposals

Oct. 11, 2021
By Peter M. Walzer

The American Academy of Matrimonial Lawyers adopted a resolution last November opposing the nonlawyer ownership of law firms a...


Corporate, Securities

Andreessen Horowitz recently announced its new $400 million seed fund to serve startup founders at the earliest stages of comp...


Corporate

Merging nonprofit public benefit corporations

MCLE
Oct. 11, 2021
By Curtis Abram

This article discusses the “nuts and bolts” for merging two California nonprofit public benefit corporations. Typical reasons ...


Administrative/Regulatory, Health Care & Hospital Law

The US FDA must lead by example on lead exposure

Oct. 11, 2021
By Vineet Dubey

Last week, the Congressional Subcommittee on Economic and Consumer Policy issued a scathing report.


How legal settlements are taxed often surprises people, including many plaintiffs. Most things are taxed, but there is often f...


Law Practice

Losing your first trial

Oct. 8, 2021
By James D. Crosby

I had worked hard, I was ready to go, fully prepped, and engaged trial mode for the first time in my career. And then lost.


Ethics/Professional Responsibility, Law Practice

Limiting liability for legal malpractice

Oct. 8, 2021
By Shari L. Klevens, Alanna G. Clair

As wide-ranging as the practice of law is, so too is the range of potential legal malpractice claims. But, at their core, many...


Civil Litigation, Construction, Insurance

Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or compone...


Civil Litigation, Civil Rights

Ruling makes ADA visual web-access claims a bit clearer

Oct. 7, 2021
By Katherine S. Catlos

An Americans with Disabilities Act web-access case went to trial and the result rested on a creative and legally accurate jury...


Law Practice, Letters, State Bar & Bar Associations

Bradley Wallace’s Oct. 5 opinion piece, “Could law firms run by VC’s and big corps become reality?” contains inaccuracies that...


Los Angeles District Attorney George Gascón’s focus is not on prosecuting crimes, but on resentencing defendants who were conv...


Law Practice, Technology

There is an ongoing hiring spree to snag up legal engineers. This is a relatively new role in the legal profession. The idea i...


Civil Litigation, Intellectual Property, International Law

Un-conventional?: Email service on foreign trade secret defendants

Oct. 6, 2021
By John R. Lanham, Ken Kuwayti

Enforcing trade secret laws against international misappropriators is becoming more and more important, as trade secrets incre...


Intellectual Property, Technology

Trade secret claims, often an afterthought for some IP litigators and their clients, have come to the forefront of IP litigati...


Entertainment & Sports, Intellectual Property

The Houston Astros’ sign-stealing scandal is well-documented, and its impact on Major League Baseball is just beginning to be ...


Timing can be crucial when it comes to discovery in trade secrets cases. At one end of the spectrum, discovery might be permit...


Legal Education, Letters

Let’s rethink who is responsible for student debt

Oct. 6, 2021
By Daniel L. Casas

In his Sept. 23 column, American Bar Association President Reginald Turner urges Congress to act to relieve the current studen...


Civil Rights, Constitutional Law, Criminal

You’ve been arrested and charged with a crime. You’ve been denied pretrial release, and you don’t have the money for bail. So ...


9th U.S. Circuit Court of Appeals, Civil Litigation, Government

A disappointing opinion

Oct. 6, 2021
By Timothy D. Reuben

Last month, the 9th U.S. Circuit Court of Appeals reversed Central District Judge David O. Carter’s sweeping mandatory injunct...


9th U.S. Circuit Court of Appeals, Civil Litigation, Insurance

Rulings affirm no coverage for COVID-related business interruption claims

Oct. 6, 2021
By Paul S. White, Siobhán A. Breen

Three recent 9th Circuit rulings held that business income and extra expense losses incurred following business closures order...


Law Practice, State Bar & Bar Associations

In recent years, the decades-long rule barring nonlawyers from having an ownership stake in law firms has been reversed in Ari...


Civil Rights, Criminal

There are many ways to answer the question of whether the drug wars are racist, and all of them are “yes.” In California, spec...


Civil Litigation, Construction

A recent appellate opinion addresses the statute of limitations on bringing an action under Business and Professions Code Sect...


Judges and Judiciary, Law Practice

My warranty is up

Oct. 5, 2021
By Arthur Gilbert

I am optimistic that Supreme Court justices who read this column will take my advice and write shorter opinions.


Torts/Personal Injury

Tricks and treats in Halloween precedent

MCLE
Oct. 5, 2021
By Benjamin G. Shatz

With everyone sick of the pandemic, neighborhood boredom seems to have prompted early Halloween decorations. Following suit, l...