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Tax

California tax disputes are worse than IRS

Sep. 27, 2021
By Robert W. Wood

Here’s why.


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

ABC Test is alive and well in the 9th Circuit

Sep. 24, 2021
By Ronald L. Zambrano

This week, a three-judge panel of the 9th Circuit ruled in favor of a Grubhub driver who had originally sued the company in 20...


Constitutional Law, Family, Health Care & Hospital Law

Vaccines and parental choice

MCLE
Sep. 24, 2021
By Scott J. Nord

The national debate over vaccines for adults and minors is not a novel debate for the law. Court decisions on regulations rega...


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

The 9th Circuit ruled last week that Assembly Bill 51, California’s prohibition against mandatory arbitration clauses in emplo...


A recent appellate opinion should give family law attorneys pause when considering whether to prepare premarital agreements. I...


Labor/Employment

Employers’ risks raising warehouser quotas

Sep. 24, 2021
By Arthur F. Silbergeld

Assembly Bill 701, passed by the Legislature and signed by Gov. Gavin Newsom on Wednesday, affects warehousing distribution an...


Bankruptcy, Civil Litigation

Purdue portends a change of bankruptcy venue laws

Sep. 23, 2021
By Brian Davidoff

After agreeing to settle some 2,600 separate lawsuits over the company’s involvement in fostering the nation’s opioid crisis, ...


California Supreme Court, Civil Litigation, Construction

The California Supreme Court recently rejected what it characterized as a “broad third exception” to the long-standing Privett...


Administrative/Regulatory, Banking

CFPB issues proposed rule on data collection for small business lenders

Sep. 23, 2021
By Nancy R. Thomas, Jeremy R. Mandell

On Sept. 1, the Consumer Financial Protection Bureau issued its long-awaited small business lending data collection proposed r...


Legal Education, State Bar & Bar Associations

Congress must act to relieve student debt burden

Sep. 23, 2021
By Reginald Turner

The burden of overwhelming debt is hurting many new graduates — including lawyers — and that affects the American economy. You...


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

The case reinforces existing law that imposes upon ERISA plan fiduciaries, such a plan sponsors and plan administrators, poten...


Contracts

Tips for effective indemnification provisions in commercial contracts

Sep. 22, 2021
By Asim Bhansali, Scott Taylor

Discover some effective terms for seeking and obtaining indemnification that protect both parties and reduce the likelihood of...


9th U.S. Circuit Court of Appeals, Law Practice, Technology

A recent court case focused on the meaning of the word “typically” and the word “normally” as a crucial underpinning of a lega...


Law Practice, Technology

In-person trial gone remote: the jury responds

Sep. 22, 2021
By Paul R. Kiesel

With the court’s permission, I am sharing some of the direct feedback we received so you can read what the jury’s attitude is,...


Labor/Employment

Arbitration agreements with employees are created to ensure that employment disputes are resolved outside of court. So it’s ir...


California Courts of Appeal, Civil Litigation, Labor/Employment

Rethinking the joint-employer standard

Sep. 22, 2021
By Stephen L. Raucher

What does it take to be considered a joint employer? Does it require direct control? Is the ability to dictate wages, even if ...


Constitutional Law

Journey to the Center of the Fourth (Amendment)

Sep. 21, 2021
By Brian M. Hoffstadt

But just as mantle and core underlie the earth’s crust, there is much more going on beneath the surface of the U.S. Supreme Co...


Law Practice, Letters

The Daily Journal’s recent Top 100 list includes only one government lawyer -- the governor’s appointments secretary, who does...


Civil Rights, Constitutional Law, Government

The U. S. Supreme Court’s refusal to stay implementation of Texas’ fetal heartbeat abortion law has generated a lot of comment...


Labor/Employment

The newly constituted National Labor Relations Board, which is now at full capacity with two new Biden appointees, along with ...


We assume that we have “equal protection under the law” but this is not true. We assume that the California Legislature will p...


Alternative Dispute Resolution, Law Practice

When people think of bias, they tend to associate it with unfairness and injustice. While unchecked biases can and do often ha...


Government, Real Estate/Development

Now that CDC’s federal eviction protection is no more: What’s next?

Sep. 20, 2021
By Geoffrey Stover, Andrew Huang

On Aug 3, the Centers for Disease Control and Prevention issued a nationwide residential eviction moratorium continuing the ba...


Appellate Practice, Law Practice

Judicial Notice

MCLE
Sep. 20, 2021
By David M. Axelrad

Although subject to a number of rules and qualifications, judicial notice is often the easiest way for a trial or appellate co...


Appellate Practice, California Courts of Appeal, California Supreme Court

‘PETITION DENIED’

Sep. 20, 2021
By Myron Moskovitz

The first time I saw that response to a petition for writ of mandate I’d filed in an appellate court, I did not take it well. ...


Appellate Practice, Civil Litigation

Is that injunction prohibitory or mandatory?

Sep. 20, 2021
By Charles M. Kagay

An injunction can be prohibitory or mandatory, and the distinction matters. But creative lawyers may attempt to obfuscate an i...


California Courts of Appeal, Family

Determining the amount of support in a marital dissolution action is relatively simple and straightforward when the parties ha...


Alternative Dispute Resolution

The Elephant Test

Sep. 17, 2021
By Robert S. Mann

First, think of an elephant. It probably took you only an instant to picture an elephant, or think something about an elephant...


Administrative/Regulatory, Government

Private equity firms and PPP fraud liability under the False Claims Act

Sep. 17, 2021
By Winston Y. Chan, Trisha Parikh

The U.S. Department of Justice’s increased focus on the private equity sector in recent years has coincided with that sector’s...


Civil Litigation, Entertainment & Sports, Intellectual Property

3 more music litigation developments in 2020-2021

MCLE
Sep. 17, 2021
By Neville L. Johnson, Douglas L. Johnson

Attorneys from Beverly Hills’ Johnson & Johnson LLP review some of the latest developments in music litigation over the pa...