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Civil Rights

A state appeals court recently instructed a San Diego trial judge to rehear the basis of a traffic stop, and to consider the p...


Criminal, California Supreme Court

Blanket commutations and twice-convicted felons

Feb. 29, 2024
By Jason R. Marks

The California Supreme Court should approve a mass commutation of death sentences, based on the court’s criteria and the Gover...



Law Practice

Combining the “Six Degrees of Separation” concept with CRM systems and a comprehensive approach to relationship enhancement ca...


Labor/Employment, Entertainment & Sports

Despite potential challenges in determining bargaining units and addressing gender discrimination, the ruling signifies a sign...



Constitutional Law

The law has two roles: to constrain our behavior so that we do not harm others, and to promote peace and prosperity throughout...


Both parties should be clear in their understanding and agreement as to what an advance payment is for, and that if it is an a...



Administrative/Regulatory

…but some animals are more equal than others

Feb. 28, 2024
By Michael M. Berger

Courts have overturned decisions by city councils or other agencies that acted as appellants and adjudicators in their own cas...


Intellectual Property

Warner Chappell Music, Inc. v. Nealy could affect the incentives and challenges for copyright owners to monitor and enf...



Litigation & Arbitration

The litigation privilege protects communications and conduct related to litigation from most tort claims, but it may not apply...


Technology

Patents and artificial intelligence – how do they fit together?

Feb. 28, 2024
By Isabella Chestney, Jordan Nafekh

Some of the common questions and challenges that arise from the intersection of artificial intelligence and patent law.



A 1031 exchange allows the seller to avoid or limit capital gains tax on the swap. However, depreciation recapture may apply i...


Real Estate, Contracts

Seller carry-back financing can be risky and potentially illegal, especially if it is not disclosed to the existing lender or ...



Insurance, Health Care & Hospital Law, Family, Alternative Dispute Resolution

Mediation could have offered a better alternative to litigation, as it could have allowed the parties to create more balanced ...


Securities

Preparing for lawsuits challenging a company’s sale of securities

Feb. 27, 2024
By Kourtney Kinsel, Andrew S. Ong, Ariel E. Rogers

Some California superior court decisions have held that the PSLRA discovery stay does not apply to securities claims brought i...



Law Practice

Microaggression and gaslighting in the legal profession

Feb. 26, 2024
By Halim Dhanadina, Angela Reddock-Wright

The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions,...


Education Law

Debate over parental involvement in education reignites

Feb. 26, 2024
By William W. Bruzzo

All youth, regardless of whether they are homeschooled or not, should be taught and assessed on a standardized basis to ensure...



Wills, Estates & Trusts

Supreme Court clarifies rules for modification of revocable trusts

Feb. 26, 2024
By Mark J. Phillips, Jake V. Phillips

In Haggerty v. Thornton, the Supreme Court followed the dissenting opinion from King v. Lynch -- that any method for revocatio...


Labor/Employment

Disney has publicly stated that it would rather have a National Labor Relations Board (NLRB) election than voluntarily recogni...



U.S. Supreme Court

Anti-DEI advocacy groups have a new target: minority-focused grant programs

Feb. 26, 2024
By Marcus A.R. Childress, Illyana A. Green, Ann O’Leary

Edward Blum’s attacks on the philanthropy sector could have serious consequences for the funding of programs that aim to incre...


Torts/Personal Injury, Entertainment & Sports, Contracts

Should the NCAA take a knee forever?

Feb. 23, 2024
By Frank N. Darras

The NCAA was recently sacked by new players’ unions, coaches on the move, and the absence of a much-needed federal framework. ...



Ethics/Professional Responsibility

Grief is personal and those in the legal community can learn from each other, and show empathy to those who are experiencing l...


Family

The public family law system deserves equal treatment

Feb. 23, 2024
By Lorie S. Nachlis

Private judges can streamline the process and provide more attention to complex cases. However, they also create a two-tier sy...



Litigation & Arbitration

The outcome of Bissonnette v. LaPage Bakeries Park St., LLC will affect whether commercial drivers, regardless of the i...


Torts/Personal Injury

California imposes strict liability on dog owners for any harm caused by their dogs biting someone, regardless of the dog’s pr...



Securities

Exxon’s lawsuit is part of a larger trend of corporations and conservative groups seeking to overturn or limit ESG regulations...


Construction

Credit where credit is due – local agency action to promote housing

Feb. 22, 2024
By Christopher S. Burt, Andrew K. Fogg

Local authorities have a shared responsibility to address the statewide housing crisis, and some cities have taken creative an...



Alternative Dispute Resolution

When a mediator must be the bearer of bad news

Feb. 22, 2024
By Lori Dobrin

Mediators sometimes have to deliver unpleasant messages to the parties in a dispute, such as the risks of going to trial or th...


Judges and Judiciary

Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threat...



Technology, Data Privacy

Tardy issuance of privacy regulations lands watchdog agency in court.


Civil Litigation

SB 235 aims to reduce delay and litigation costs by requiring parties to disclose certain basic information early in the litig...