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Securities, Administrative/Regulatory

5th Circuit vacates SEC approval of NASDAQ board diversity rules

Dec. 23, 2024
By Teresa L. Johnson , Sara Adler

The 5th Circuit found that the diversity rules were not a disclosure requirement but a public-shaming penalty, and concluded t...


Taking notice: Premises liability requires support

Dec. 23, 2024
By Andrew O. Smith

The California Court of Appeals upheld a summary judgment in favor of a shopping center and its janitorial service, ruling tha...



Letters

SB 940: Misleading, unclear, and in need of reform

Dec. 23, 2024
By Craig R. Breitman

SB 940 misrepresents certification, misuses terms like "independent," and needs clearer language and amendments.


U.S. Supreme Court, Intellectual Property

Supreme Court IP cases to watch in 2025

Dec. 23, 2024
By Monica M. Arnold , Michelle E. Armond

The 2024-2025 Supreme Court term will tackle key intellectual property cases, including issues of personal jurisdiction in pat...



Tax

Every year-end is taxing

Dec. 23, 2024
By Robert W. Wood

Year-end is a stressful period with significant tax considerations, especially for law firms and individuals operating on a ca...


Labor/Employment, Civil Rights

DEI under the spotlight: Trump's DOJ v. EEOC

Dec. 20, 2024
By Tal Burnovski Yeyni

President-elect Trump's nomination of Harmeet Dhillon to lead the DOJ's Civil Rights Division signals a potential clash with t...



Technology, Contracts, Alternative Dispute Resolution

Arbitrating smart contract disputes: A comprehensive approach

Dec. 20, 2024
By Daniel B. Garrie , Gail A. Andler

As smart contract adoption grows, arbitration provides an effective mechanism for resolving related disputes, aligning with th...


The Federal Communications Commission moved to permanently block calls from 2400 carriers that failed to tackle robocalls.



Contracts

A towering dispute in Sacramento

Dec. 19, 2024
By Gail A. Karish , Brittany Weidner

A legal battle in Sacramento over a 500-foot radio tower pits CapRadio, claiming ownership based on a 1990 agreement, against ...


Law Practice, Judges and Judiciary

Franz Kafka: Enemy of the Kafkaesque

Dec. 19, 2024
By Ashfaq G. Chowdhury

Franz Kafka's work, shaped by his legal background, offers timeless lessons for lawyers and judges, urging us to avoid the Kaf...



Corporate, Business Law, Administrative/Regulatory

DOJ playbooks: New covers, same rules?

MCLE
Dec. 18, 2024
By Randy Grossman , Misa Eiritz

While President-elect Trump has not specifically commented on corporate crime, there is speculation that DOJ programs like whi...


Alternative Dispute Resolution

ADR certification: Why 'unambitious' may be best

Dec. 18, 2024
By John Derrick

California's 2025 ADR certification may mislead consumers about competence, exclude skilled solo practitioners, and create con...



Letters

Pro bono work: A privilege and responsibility

Dec. 18, 2024
By Steven B. Piser

As a sole practitioner, I've found that participating in "Lawyers in the Library" allows me to serve the community with basi...



Technology, Corporate, Business Law


Government, Corporate, Business Law

Five considerations for white collar enforcement under Trump's second administration

Dec. 18, 2024
By Jack P. DiCanio , Emily Reitmeier Haffner



Government, Ethics/Professional Responsibility, Business Law

Minding the ramparts in an age of fear and favor

Dec. 18, 2024
By Joshua M. Robbins


Corporate, Business Law



Business Law


Health Care & Hospital Law, Government, Business Law

Looking ahead at health care enforcement: Telehealth, Medicare Advantage and AI

Dec. 18, 2024
By Benjamin R. Barron , Bradley E. Marrett



Business Law


Business Law



Ethics/Professional Responsibility

The California State Bar's proposed Rule 8.4.2 would make civility enforceable, disciplining lawyers for uncivil behavior and...


Torts/Personal Injury, Government

ABC News' $15 million settlement of a weak defamation suit with Donald Trump, coupled with an apology, undermines press freedo...



Criminal, Civil Rights

Justice delayed and dollars wasted

Dec. 17, 2024
By John R. Mills

Addressing the crisis of excessive and unconstitutional sentences requires systemic reform and proper funding for legal repres...


When financial struggles meet marital breakdowns, the consequences can be complex and far-reaching. Tune in for another insigh...



Litigation & Arbitration

Burden lifted in arbitration waiver cases

Dec. 16, 2024
By Gary A. Watt , Patrick Burns

The California Supreme Court's decision in Quach v. California Commerce Club (2024) eliminated the decades-old arbitr...


Alternative Dispute Resolution

Preparation is key to success in mediation, just as it is in trial, requiring thorough briefing, pre-mediation conferences, cl...



9th U.S. Circuit Court of Appeals

The stealth judge

Dec. 16, 2024
By Myron Moskovitz

In a humorous and self-reflective fantasy, Myron Moskovitz imagines joining the ranks of Trump's legal team, getting appointed...


And so it begins: The 5th Circuit's decision in MHACO v. Commissioner commences the "dissing" of Chevron...