Weekly Appellate Report

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Synopsis

Podcast by Daily Journal

Episodes

  • 163: More work at home; more cybersecurity risk

    05/06/2020 Duration: 55min

    Podcast host Howard Miller interviews Daniel Garrie on the greater cybersecurity risk to everyone with the dramatic increase of work from home.

  • 162: Title IX and sexual harassment: unequal protection and the harm of the DeVos regulations

    29/05/2020 Duration: 57min

    The second of two podcasts. Podcast host Howard Miller interviews Emily Martin of the National Women's Law Center on the need for protections and remedies for those sexually harassed on campuses.

  • Court Forgeries, and 1st Amendment Law in the age of Covid-19

    22/05/2020 Duration: 20min

    Leading First Amendments scholar and the Gary T. Schwartz Distinguished Professor at UCLA School of Law, Eugene Volokh joins us on the pod to discuss: whether the government can force citizens to get vaccinated, the Supreme Court precedent that guides his thinking on First Amendment issues related to Covid-19, his scholarship on court forgeries, and why he loves being an academic.

  • 161: Title IX and sexual harassment: What Process is Due

    22/05/2020 Duration: 56min

    The first of two podcasts with contrasting views. Podcast host Howard Miller interviews Mark Hathaway and Jenna Parker on their representation of students accused of sexual harassment.

  • The ethics of business

    18/05/2020 Duration: 26min

    Delving into issues and case studies related to business ethics, the first guest in this new podcast is Mark Enrich: Finance Editor for the New York Times and author of the Best Selling book, Dark Towers: Deutsche Bank, Donald Trump, and an Epic Trail of Destruction. He'll discuss the quark in history that allowed Deutsche Bank to survive, why it lent to Donald Trump after he defaulted and sued them, and what might be in the subpoenaed documents at issue in the recent Supreme Court cases involving contested House subpoenas for Trump's financial records at Deutsche Bank.

  • 160: International Arbitration in California: New Rules, New Frontiers

    15/05/2020 Duration: 54min

    Podcast host Howard Miller interviews Daniel Kolkey, principal drafter of the California International Arbitration Act, on new opportunities for California lawyers and businesses.

  • 159: The Legal Profession: Bent but not broken

    08/05/2020 Duration: 54min

    Podcast Host Howard Miller talks with Brian Kabateck of Kabateck LLP about dramatic challenges to our profession.

  • 158: Business Interruption Insurance: The Defendants' position

    01/05/2020 Duration: 54min

    Podcast Host Howard Miller interviews defendants' counsel Peter Klee and Marc Feldman of SheppardMullin with the arguments for insurers

  • 157: Business Interruption Insurance: The Plaintiffs' position

    01/05/2020 Duration: 57min

    Podcast Host Howard Miller interviews leading plaintiffs' counsel Michael Bidart and Ricardo Echeverria of Shernoff, Bidart and Echeverria with the arguments for policyholders.

  • 156: Sports and Entertainment Disruptions: What will happen

    24/04/2020 Duration: 53min

    Podcast Host Howard Miller and Jeffrey Benz, a leading international Arbitrator and Mediator based in Los Angeles and London discuss how current disruptions in Sports and Entertainment may be resolved.

  • 155: Insurance and Coronavirus Part 2: liability coverage

    17/04/2020 Duration: 51min

    In this 2nd hour Judge Rex Heeseman discusses third party liability coverage for coronavirus related issues.

  • 154: Insurance for Coronavirus: Coverage or Distancing?

    10/04/2020 Duration: 54min

    The first of two podcasts with Rex Heeseman on insurance coronavirus issues. This one on Business Interruption Insurance. Second will be on other CGL, O&E, D&O and additional insurance issues.

  • 153: Beware and Aware: Review of Cannibis law

    20/03/2020 Duration: 54min

    State and federal regulation of cannabis, and critical difference in law and planning between THC and CBD.

  • 152: Land Use law and the idea of California

    06/03/2020 Duration: 54min

    Howard Miller, a thought leader in the California legal community for many decades, is the Daily Journal’s new podcast host. He’ll be speaking once a month with other legal thought leaders on some of the most pressing issues of our time. This week, Howard Miller talks to Jennifer Hernandez of Holland & Knight about the intersection between land use law, housing, climate change policies, and the constitution and civil rights

  • 151: You Say You Want a (Data Privacy) Regulation

    13/02/2020 Duration: 46min

    What exactly California's newly-enacted, landmark data privacy law means for impacted businesses, compliance attorneys, and consumer advocates remains to some degree uncertain, as regulations attending the statute are still being finalized. Experts in the area John W. Berry and Grant A. Davis-Denny (Munger, Tolles & Olson LLP) discuss ambiguities the forthcoming regulations will resolve, and forecast what those resolutions may look like.

  • 150: Views from AB 5 Front Lines

    21/01/2020 Duration: 51min

    Attorneys on different sides of two pending suits over California's new worker classification law discuss aspects of AB 5 and the challenges it faces. Jim Manley (Pacific Legal Foundation) seeks to enjoin the law on behalf of freelance journalists whose First Amendment rights, he says, the new law violates. Stacey Leyton (Altshuler Berzon LLP) is defending AB 5 on behalf of the International Brotherhood of Teamsters, and says the law should withstand a constitutional and preemption challenge brought by a trucking industry group.

  • 149: A Prelude to Preemption?

    11/01/2020 Duration: 51min

    California's new law prohibiting mandatory arbitration clauses in employment contracts is on hold for now due to a Chamber of Commerce suit in the Eastern District. Our guests Cliff Palefsky (McGuinn, Hillsman and Palefsky) and Ryan Derry (Paul Hastings) discuss whether federal courts will find the law preempted by the Federal Arbitration Act.

  • 148: The Battle over CFPB Independence

    06/01/2020 Duration: 01h08min

    We consider the upcoming, long-anticipated SCOTUS fight over the Consumer Financial Protection Bureau. Jolina Cuaresma (UC Berkeley Law; Georgetown Law), a former CFPB attorney and industry advisor discusses why the agency should remain independent but how Congress' design of a single bureau director may have backfired; Ilan Wurman (Sandra Day O'Connor Law) will then discuss whether 'Seila Law' may lead the Court to re-consider independent executive agencies altogether, and the longstanding precedent 'Humphrey's Executor v. U.S.'

  • 147: Will SCOTUS Claw Back SEC Disgorgement?

    22/11/2019 Duration: 52min

    Munger, Tolles & Olson LLP partners John W. Berry and Elaine Goldenberg, securities experts with experience in the SEC and U.S. Solicitor General's Office, discuss the appeal 'Liu v. SEC,' where defendants who ran a fraudulent investment-for-visa racket claim their $27 million disgorgement order was beyond the agency's authority. Plus, Tom Hiltachk discusses the Cal. Supreme Court's ruling blocking a recent state law that sought to keep presidential candidates from the primary ballot unless they disclosed tax returns.

  • SCOTUS Preview 4 - Civil Rights

    09/11/2019 Duration: 01h08min

    Cases claiming discrimination on the basis of religion and on the basis of sex are before SCOTUS this term; will the high court a Montana constitutional provision blocking any aid from religious institutions? Will Title VII be read to protect transgender workers from adverse employment actions? Offering opposing views in the cases of 'Espinoza v. Montana' and 'R.G. & G.R. Harris Funeral Homes v. EEOC,' Frank Ravitch (Michigan State Univ. COL) Anthony Caso (Chapman SOL), Adam Romero (UCLA SOL Williams Institute) and Dean Broyles (Nat'l Ctr for Law and Policy) join the podcast Don't forget listeners can claim one hour of California CLE credit for tuning into the episode and taking a true/false test found at www.dailyjournal.com/podcasts

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