August 2019

Loyola faculty members pride themselves on being accessible to the media and part of the public discourse on news of legal significance. Visit Loyola's Summary Judgments faculty blog to read faculty opinions on current legal issues. Highlights of recent media appearances and quotations include:

AUGUST 2019

Smart Brief – 08.29.19

TOOLS AND TECHNIQUES FOR EFFECTIVE COMMUNICATION: THE PLATINUM RULE

The late, great Gerald Rosen, a contracts professor at Loyola Law School, used to say, “If you can't get them on the merry-go-round, get them on the swings; if you can't get them on the swings, get them on the slide; if you can't get them on the slide, get them on the monkey bars.”


San Francisco Daily – 08.28.19

PRESSURE ON EPSTEIN PROSECUTORS TO CHARGE OTHERS INTENSIFIES

"The government is in the hot seat, and this just turned up the temperature," said Laurie Levenson, a former federal prosecutor in Los Angeles and a professor at LMU Loyola Law School. "That's exactly why these women were in court. They didn't think justice had been done in the first place."


Law 360 – 8.28.19

OKLAHOMA’S $572M WIN IN J&J OPIOID FIGHT ON SHAKY GROUND

Adam Zimmerman, a tort professor at LMU Loyola Law School in Los Angeles, told Law360 on Wednesday that the ruling appeared to gloss over other possible contributing factors to the opioid crisis, including the activities of drug distributors, pharmacies and other drugmakers.


Laredo Morning Times – 08.28.19

PRESSURE ON EPSTEIN PROSECUTORS TO CHARGE OTHERS INTENSIFIES

"The government is in the hot seat, and this just turned up the temperature," said Laurie Levenson, a former federal prosecutor in Los Angeles and a professor at LMU Loyola Law School. "That's exactly why these women were in court. They didn't think justice had been done in the first place."


CBS News – 08.28.19

LEGAL STRATEGY OF LORI LOUGHLIN AND HUSBAND IN COLLEGE ADMISSIONS SCANDAL COULD BACKFIRE

"The concern here is that this law firm cannot zealously represent Loughlin and her husband because they might be pointing fingers at each other," former federal prosecutor and LMU Loyola Law School Professor Laurie Levenson tells CBS News.


The Fresno Bee – 08.27.19

WILL LETTING BARS STAY OPEN LATE HELP GAVIN NEWSOM? HE’LL SOON ACT ON BILLS AFFECTING HIS COMPANY

Newsom, meanwhile, has taken the right approach with his businesses, said Jessica Levinson, a professor and government ethics expert at LMU Loyola Law School. “Gov. Newsom has talked about the importance of transparency, has used a blind trust, has been pretty open about his holdings,” she said. “All of those things are absolutely not true when it comes to President Trump, who has not followed any of the standard protocols… He’s largely used the presidency as an infomercial for the Trump Organization.”


San Francisco Chronicle – 08.27.19

HOW CALIFORNIA’S VOTERS MAY HAVE SAVED TRUMP FOR RELEASING HIS TAXES

Jessica Levinson, a professor at LMU Loyola Law School in Los Angeles who specializes in election law and governance, said there appeared to be legitimate arguments on both sides.

While Prop. 4’s goal was “opening up the election,” she said, Padilla rightly argues that he and the state still have some discretion over which candidates to include. “They can still control access to the ballot,” she said. “You still need a certain number of signatures and a filing fee, or maybe release your tax returns.”


Billboard – 08.26.19

BILLBOARD'S 2019 TOP MUSIC LAWYERS LED BY BTS COUNSEL DEBBIE WHITE OF LOEB & LOEB

LMU Loyola Law School alumni Renee Karalian, partner, Carroll Guido Groffman Cohen Bar & Karalian; Zia Modabber, managing partner, Katten Muchin Rosenman; and Rachel Stilwell, founder, Stilwell Law; were named to Billboard’s 2019 Top Music Lawyers list.


Barron’s – 08.26.19

JOHNSON & JOHNSON LOSES OKLAHOMA OPIOID CASE, BUT STOCK RISES

Public nuisance claims are a “very ill-defined cause of action,” said Adam Zimmerman, a professor of law at LMU Loyola Law School. It’s an “old-timey” cause of action, he said, and it remains unclear whether state appeals courts will agree that opioid lawsuits can be the basis for a nuisance claim.


“Marketplace” – 08.26.19

5 THINGS TO KNOW ABOUT THE EMERGENCY ECONOMICS POWERS ACT

LMU Loyola Law School Professor Jessica Levinson told Reuters while “it’s clearly beyond the spirit of the law,” it could very well be within the letter of the law.


St. Louis Today – 08.26.19

SMART QUESTIONS TO ASK DURING SALARY NEGOTIATION

The first step to take is failsafe: Always show gratitude for the original offer. “Even when done with the greatest of tact, salary negotiations can be prickly,” says Hamilton Chan, director of executive education at LMU Loyola Law School in Los Angeles. Be polite, and be sure to thank the hiring manager for hearing you out before proceeding with your requests.


Newsmax – 08.26.19

PROSECUTORS, VICTIMS TARGET EPSTEIN’S ORBIT, DESPITE HURDLES

The argument for co-conspirators after Epstein's death might be a claim prosecutors are looking for scapegoats, according to ex-federal prosecutor and now LMU Loyola Law School Professor Laurie Levenson to USA Today.


USA Today – 08.23.19

JEFFERY EPSTEIN IS DEAD. PROSECUTORS COULD STILL GO AFTER HIS INNER CIRCLE IF THEY HELPED HIM PREY ON YOUNG GIRLS

Alleged co-conspirators could argue that prosecutors are settling on scapegoats, said Laurie Levenson, a former federal prosecutor and a professor at Loyola Law School in Los Angeles. If prosecutors have strong cases against the peripheral players, they would have charged them already, Levenson said.


Record Gazette – 08.22.19

YCC PROGRAM, AN INTERESTING HIT

LMU Loyola Law School Professor, and former FOX news legal reporter, Stanley A. Goldman read a dramatic passage from his book, “Left to the Mercy of a Rude Stream: The Bargain That Broke Adolf Hitler and Saved My Mother,” to a packed SCH audience at YCC’s meeting last month. The passage told about a Jewish furrier from Sweden named Norbert Massur, who made a deal with Heinrich Himmler that saved the lives of a group of women who were being held at Ravensbrück concentration camp in Germany.


Reuters – 08.22.19

WHAT ARE THE OBSTACLES TO BAYER SETTLING ROUNDUP LAWSUITS

But Adam Zimmerman, a law professor at LMU Loyola Law School, said defining those groups is complicated by the lack of a signature disease associated with Roundup, making it difficult to predict Bayer’s liability.


Our Weekly – 08.22.19

BRIAN BANKS’ FIGHT FOR JUSTICE IN THE LBC

Register’s release, facilitated by the Loyola Law School Project for the Innocent and high profile attorney Laurie Levenson, underscores the issue of wrongful conviction. According to The Innocence Project, an advocacy organization founded by attorney Barry Scheck of O.J. Simpson acquittal fame, DNA testing since 1989 has exonerated some 362 convicted people (Black and White).


Yahoo Finance – 08.20.19

JOB INTERVIEW TIPS: HOW TO IMPRESS IN 7 SECONDS

Get the basics right first: there’s nothing worse than talking to someone that seems closed in on themselves. Executive coach and US-based LMU Loyola Law School visiting professor Hamilton Chan said exuding warmth will communicate that you are a friendly person.

“Warmth will come across from a variety of body cues, including a great smile, an enthusiastic handshake, open body posture (e.g., facing the person directly) and going out of your way to greet someone,” he told Yahoo Finance.


Business Insider – 08.20.19 

THE NEW REPORT THAT TRUMP SAYS SHOWS GOOGLE ‘MANIPULATED’ 2.6 MILLION VOTES FOR HILLARY CLINTON IS A 2-YEAR-OLD STUDY THAT A SAN DIEGO PSYCHOLOGIST BASED ON 95 PEOPLE 

Justin Levitt, an associate dean for research and professor at Loyola Law School who focuses on constitutional law and the law of democracy, told Business Insider there were multiple points of contention with Epstein’s 2017 findings, which have become the basis for the president’s contentious tweet on Monday. 


Yahoo News – 08.20.19 

DONALD TRUMP DROPS FIGHT TO GET CITIZENSHIP QUESTION ON 2020 CENSUS; OTHER FEDERAL RECORDS TO BE USED 

Trump’s options were limited, especially given the administration’s own June 30 deadline to start printing millions of census forms, said Justin Levitt, an American constitutional law scholar and former Justice Department official who teaches at Loyola Law School in Los Angeles. 


KABC-AM – 08.19.19 

SEEING LOW VOTER INFORMATION IN L.A. COUNTY 

“Some of the big issues that I found were essentially the reason behind how we have a problem like Alex Villanueva. I would say it’s not democratic power in L.A. County; it is actually largely low voter information,” said Jessica Levinson, Loyola Law School professor and former L.A. ethics commissioner. 


KCRW-FM’s “Press Play with Madeleine Brand” – 8.19.19 

DEMOCRATS’ LEGAL BRIEF ON SUPREME COURT: REALITY CHECK OR THREAT? 

It’s meaning what a lot of what other presidential candidates have talked about, which is, ‘Are there other ways to structure the Supreme Court? Should we have term limits? Should we have more people who sit on the Supreme Court?’ This has been something that candidates have talked about more than in past election cycles,” says Jessica Levinson, Loyola Law School professor. 


The Hill – 08.19.19 

SNOW WHITE WAS FLAWED, AND OTHER TRUTHS ABOUT REP. ILHAN OMAR 

Trump's feud with Rep. Ilhan Omar, back in the news for being barred from visiting Israel, raises many concerns for both politicians, writes Loyola Law School Professor Jessica Levinson. 


Financial Times – 08.16.19 

WEWORK FOUNDER MAY MISS OUT ON TAX BREAK FOR $1bn CHARITY PLEDGE 

Ellen Aprill, a tax law professor at Loyola Law School in Los Angeles, said the Neumanns may still be able to keep some of the tax break, depending on how valuable the lost votes seem to be. Even at 10 votes per share, the couple will still wield significant control, shareholder rights groups have complained. 


Town & Country – 08.15.19 

HERE’S WHAT COULD HAPPEN TO JEFFREY EPSTEIN’S FORTUNE NOW 

"The recourse is through the civil cases, the lawsuits against his estate," Laurie Levenson, a former federal prosecutor and Loyola Law School professor told Weekend Edition. But Epstein's death makes things a bit more complicated. 


Los Angeles Daily Journal – 08.15.19 

HOW CALIFORNIA COMPANIES CAN MAKE THE MOST OF THEIR EXTERNS 

“Law school externship programs offer great opportunities for students and for the law firms, organizations and courts that host them,” Sande Buhai, professor and Public Interest Director at Loyola Law School, told the Daily Journal. 


Jewish World Review 

ALABAMA IS SEEKING TO EXCLUDE UNDOCUMENTED IMMIGRANTS IN APPORTIONING CONGRESSIONAL SEATS 

Past litigation has left little room for debate, said Justin Levitt, an election law professor at Loyola Law School who was a deputy assistant attorney general in the Department of Justice's Civil Rights Division from 2015 to 2017/. 


PolitiFact – 08.14.19 

THE DEATH OF MICHAEL BROWN, LEGAL FACTS AND DEMOCRATIC MESSAGING 

"It is a legal conclusion to define a killing as a murder. And no such legal conclusion has been made here," said Jessica Levinson, a professor at Loyola Law School. 


Los Angeles Times – 08.14.19 

THE STATE OF CALIFORNIA VS. TRUMP, AGAIN 

“This isn’t a cold war. It’s a scorching hot war. And that’s politically expedient for both sides,” as Loyola Law School Professor Jessica Levinson said in April 2018. 


Fortune – 08.14.19 

JEFFREY EPSTEIN IS DEAD, BUT THE BATTLE OVER HIS FORTUNE IS JUST BEGINNING 

There will be a lot of pressure on prosecutors especially now with Epstein's death to find out who else was involved, said Laurie Levenson, a former federal prosecutor, and a professor at Loyola Law School in Los Angeles.  


Business Insider – 08.13.19 

FORMER FEDERAL PROSECUTORS EXPLAIN WHERE THE EPSTEIN INVESTIGATION GOES NOW AND DISMISS ‘FAR-FETCHED’ CONSPIRACY THEORIES 

"I think it's far-fetched for somebody to say, 'I'm gonna kill off Epstein because I'm not charged yet, but maybe I will be,'" Laurie Levenson, who is now a professor of law at Loyola Law School, told Business Insider. 


OXYGEN – 08.12.19 

WHAT HAPPENS NOW TO THE SEX-TRAFFICKING PROBE AFTER JEFFREY EPSTEIN’S DEATH? 

“The prosecutors have said that they’re continuing to investigate. Now, they didn’t bring charges against any of the co-conspirators when they did charge Epstein, so I’m not sure how likely it will be,” former federal prosecutor and Loyola Law School Professor Laurie Levenson said. “But there’s a lot of pressure on them now, given that Epstein’s gone, to find out who else was involved and whether they can be criminally charged.” 


USA Today – 08.12.19 

'HE WAS THE CENTER OF IT': WITH JEFF EPSTEIN DEAD, CHARGING CO-CONSPIRATORS LIKELY AN UPHILL BATTLE, EXPERTS SAY 

With Epstein dead, alleged co-conspirators, if they're charged, could claim that prosecutors are simply looking for a scapegoat, said Laurie Levenson, a former federal prosecutor and law professor at Loyola Law School in Los Angeles. 


KCRW-FM – 08.12.19 

WHAT’S NEXT FOR THE EPSTEIN TRAFFICKING CASE NOW THAT EPSTEIN CAN’T BE TRIED 

“There is a potential of conspiracy charges, which means conspiracy charges against co-conspirators. So the reason that prosecutors put out a statement, is because that can help to the extent that there’s anyone else who could be charged for related crimes. Essentially aiding an abetting what Jeffery Epstein was doing,” Jessica Levinson, professor at Loyola Law School, told KCRW. 


NPR – 08.11.19 

WHAT'S NEXT FOR PROSECUTORS IN EPSTEIN CASE 

In fact, this death might open the door for more victims to come forward in a couple of ways. There could be victims out there who want their story told, but they were not comfortable testifying in a criminal case against him,” said Loyola Law School Professor Laurie Levenson 


Star Tribune – 08.10.19 

IN CARTER’S HOME COUNTY, VOTING RIGHTS CASE TESTS DEMOCRACY 

"It's not like there aren't remaining tools to combat discrimination, but they keep the inertia on the side of those who would do harm," said Justin Levitt, a professor at Loyola Law School in Los Angeles. 


Red, Green and Blue – 08.09.19 

EXXONMOBIL CONTINUES TO TRY TO BULLY ITS WAY THROUGH CLIMATE CHANGE LAWSUIT 

Aaron Caplan, a law professor at Loyola Law School in Los Angeles and expert in legal ethics, said the letter from Exxon included in the court filing was unusually aggressive and tested ethical bounds, though he said Exxon could argue that it is simply being thorough in its defense. “It tiptoes right up to the line of impropriety,” he said. “And whether it crosses that line is up to interpretation.” 


KABC-TV – 08.09.19 

DETAILS EMERGE ABOUT CRASH INVOLVING RETIRED LAPD COMMANDER SUSPECTED OF DRIVING DRUNK 

"The public does have an interest in knowing these things, because -- again, these are not private security guards," said Loyola Law School Professor Jessica Levinson. "These are public law enforcement officers. They work for us, they're paid for by our tax dollars and therefore we have some interest in knowing what happens when they may fail to act appropriately." 


Common Dreams – 08.08.19 

‘WE WON’T BE INTIMIDATED,’ DECLARE CAMPAIGNERS AFTER EXXONMOBIL ACCUSED OF PRESSURING WITNESSES IN NEW YORK CLIMATE CASE 

Aaron Caplan, a law professor at Loyola Law School in Los Angeles and expert in legal ethics, told the outlet that Exxon's letter "tiptoes right up to the line of impropriety... And whether it crosses that line is up to interpretation." 


Law 360 – 08.07.19 

HAIL MARY APPEAL COULD EXPOSE CRACKS IN NFL SETTLEMENT 

Adam Zimmerman, a professor at Loyola Law School who focuses on mass torts and administrative law, said Gordon’s appeal reminded him of “Iron Mike” Webster’s 2006 win in the Fourth Circuit over the NFL’s denial of his request for active disability benefits. 


Australian Broadcasting Corporation - 08.07.19 

DEBRA TATE STILL FIGHTING TO KEEP MANSON FOLLOWERS IN JAIL 

Laurie Levenson is a law professor at Loyola Law School in California. She follows high-profile criminal cases. “People frankly have PTSD from these murders because they were nonsensical, they were extremely violent and you didn’t know who would be hit next. They were all innocent people and he [hippie cult leader Charles Manson] was willing to go after people who were very wealthy and very well-known in town, so nobody felt safe,” said Levenson.  


Courthouse News Service – 08.06.19 

TRUMP, GOP SUE CALIFORNIA TO BLOCK TAX-RETURN MANDATE 

“The law’s constitutionality is a really close call,” said Jessica Levinson, a law professor with Loyola Law School, in an interview Tuesday. “A lot of people I respect are saying the law is nondiscriminatory and neutral on its face as it applies to everybody. But if the court’s view this as a new federal constitutional requirement to run for office in California, it’s not constitutional.” 


Inside Climate News – 08.06.19

EXON ACCUSED OF PRESSURING WITNESSES IN CLIMATE FRAUD CASE

Aaron Caplan, a law professor at Loyola Law School in Los Angeles and expert in legal ethics, said the letter from Exxon included in the court filing was unusually aggressive and tested ethical bounds, though he said Exxon could argue that it is simply being thorough in its defense.


The Sacramento Bee – 08.06.19

‘FLAGRANTLY ILLEGAL.’ TRUMP SUES CALIFORNIA OVER NEW LAW TARGETING HIS TAX RETURNS

Jessica Levinson, a professor at Loyola Law School, said the outcome will largely depend on which court hears the case first.

“This is a strong challenge,” Levinson said. “This is a gray area. Nobody has ever said that this is permissible, and nobody’s ever said it’s not OK. I think it’s a close call because it does in some ways look like more of a requirement (for office) than a ballot access rule. This is really close to the line and potentially over it.”


The New York Times – 08.05.19

STATES CLASH WITH CITIES OVER POTENTIAL OPIOIDS SETTLEMENT PAYOUTS

“We have a vision of the state attorneys general as being preferable because they’re insulated from money,” said Adam Zimmerman, who teaches complex litigation at Loyola Law School, Los Angeles.

“But they’re not insulated from politics,” he added, noting that the position is often a steppingstone to higher political office.


Bloomberg Law – 08.05.19

TITANIC OPIOID SUIT PITS STATES AGAINST CITIES ON WHO GETS MONEY

In the short term, cities and counties are worried about not getting reimbursed for the millions of dollars in increased emergency services, court costs, and increased police, Adam Zimmerman, a professor at Loyola Law School in Los Angeles, said.


Forbes – 08.02.19

QUESTIONING THE ‘HAVE MONEY, GET TEST-TAKING ACCOMMODATIONS’ SCANDAL

But these numbers alone might not tell the full story. Katherine Perez, Executive Director of The Coelho Center for Disability Law, Policy and Innovation at Loyola Marymount University's Loyola Law School, explained that gaming the system might not be the driving force beyond this trend. Instead, this could be a hopeful sign that “folks are becoming more comfortable with exercising their rights and they are stomping on the stigma.” This stigma, which includes fear of retaliation, fear of being singled out and the general lack of awareness of rights was personal to Perez.


San Francisco Chronicle – 08.02.19

CALIFORNIA’S NEW LAW REQUIRING CANDIDATES’ TAX RETURNS APPEARS UNCONSTITUTIONAL – OR DOES IT?

“I think it’s a really close call,” said Jessica Levinson, who teaches election law at Loyola Law School in Los Angeles. On the one hand, she said, the law applies equally to all candidates, compliance is voluntary and states have constitutional authority to regulate elections. On the other hand, she said, conservatives, including the Supreme Court’s current majority, “could also say, ‘This is clearly about targeting President Trump.’”


Voice of San Diego – 08.01.19

‘A CLASSIC CONFLICT OF INTEREST’: ENTANGLED BUSINESS DEALS AT CHARTER SCHOOL CHAIN LEARN4LIFE

“It sounds like a classic conflict of interest, where someone is serving two masters,” said Jessica Levinson, former president of the Los Angeles Ethics Commission and a professor at Loyola Law School.


Boise State Public Radio – 08.01.19

IDAHO REPUBLICANS SET THEIR SIGHTS ON 2021 AND THE REDISTRICTING COMMISSION

“I think you’re seeing a lot of reevaluation of existing state structures that serve to constrain that partisanship and I think that’s a shame,” said Justin Levitt, a professor at Loyola Law School who tracks redistricting.


Insider – 08.01.19

KAMALA HARRIS AND TULSI GABBARD WENT AFTER EACH OTHER WITHOUT MERCY IN DETROIT. BOTH HAD A POINT.

Lara Bazelon, former director of the Loyola Law School Project for the Innocent, excoriated Harris over similar issues in a New York Times op-ed earlier this year.


Northern California Record – 08.01.19

REDUCTIONS OF AWARDS TO PLAINTIFFS IN ROUNDUP CASES RAISE QUESTIONS ABOUT HOW JURIES AWARD PUNITIVE DAMAGES

Adam Zimmerman, a professor at Loyola Law School in Los Angeles, said the process that led to the reduction is actually consistent with guidance from the U.S. Supreme Court on punitive damages.

"Over the past 15 years, the Supreme Court has sharply limited punitive damages under the due process clause of the Constitution," Zimmerman said.

Almuni News

Q106.1 FM – 08.01.19

NEW FACES AMONG HOPE COLLEGE BOARD OF TRUSTEES

Victoria A. Brunn has been senior counsel in the Development, Regulatory, Contracting and Operations group of Amgen Inc. since 2007. A 1984 Hope graduate, she completed a Master of Science degree in child development at the University of California-Davis in 1988, and a juris doctor degree at Loyola Law School in 2004.


Forex TV – 08.01.19

ALEX CHERIN BECOMES PARTNER AT ENGLANDER KNABE & ALLEN

Alex Cherin is a frequent contributor to the media and can often be seen offering insights on trade, international business and public policy. He holds a BA in political science from the University of Michigan and a JD from Loyola Law School.


STL News – 08.02.19

CALIFORNIA GOVERNOR NEWSOM ANNOUNCES APPOINTMENTS

Alexander DeVorkin, 70, of Marina del Rey, has been appointed chief justice on the California Courts-Martial Appellate Panel.  DeVorkin served as assistant chief counsel for the California Department of Transportation’s Legal Division from 2000 to 2010, where he held several positions from 1980 to 2000.  He was an associate attorney at Scott F. Dool and Associates in 1980 and a music teacher for the William S. Hart High School District from 1975 to 1976.  DeVorkin served in the Army National Guard from 1971 to 1977 and 1982 to 2009.  DeVorkin earned a Juris Doctor degree from Loyola Law School.


The Washington Post – 08.11.19

SRI LANKA’S FEARED WARTIME OFFICIAL NOW IN PRESIDENTIAL FRAY

A retired army lieutenant colonel, Nandasena Gotabaya Rajapaksa migrated to the United States in 1998 to work as a system administrator at Loyola Law School in California. He returned to Sri Lanka in 2005 to help with his brother’s presidential campaign, and following Rajapaksa’s victory was appointed as secretary for the Defense Ministry.


PR Distribution – 08.22.19

THOMAS GIRARDI SELECTED AS TOP LEGAL EXPERT OF THE YEAR FOR 2020 BY THE INTERNATIONAL ASSOCIATION OF TOP PROFESSIONALS

Thomas Vincent Girardi, Attorney and Founding Partner of Girardi & Keese, was just recently selected as “Top Legal Expert of the Year” for 2020 by the International Association of Top Professionals (IAOTP) for his outstanding leadership, dedication and commitment to the legal profession. Mr. Girardi attended Loyola Law School and graduated in 1964.


Los Angeles Times – 08.30.19

‘THE TERROR: INFAMY’ REVISITS A TRUE AMERICA HORROR STORY

Katie Cooper is a podcast producer for the Los Angeles Times. A former general assignment reporter at The Times’ Ventura County edition and a former attorney, Cooper grew up in Southern California and graduated from UC Berkeley and Loyola Law School.


Law 360 – 08.30.19

PAUL HASTINGS NABS SKADDEN CAPITAL MARKETS PRO IN LA

Jonathan Ko has joined the firm as a partner in Los Angeles after practicing at Skadden Arps Slate Meagher & Flom LLP for more than two decades, according to an Aug. 19 announcement from Paul Hastings. Ko earned a law degree from Loyola Law School, Los Angeles and an undergraduate degree from Loyola Marymount University.