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Intellectual Property

Voluntary cessation doctrine in trademark cases

Dec. 21, 2022
By David Martinez, Tommy H. Du

A recent federal district court decision illustrates the contours of the voluntary cessation doctrine and provides a roadmap o...


Law Practice, Ethics/Professional Responsibility

2022 in Review: Cases Involving Lawyers

Dec. 21, 2022
By Alex A. Graft, Kenneth C. Feldman

It’s been a bellwether year– procedurally – for the anti-SLAPP statute in cases involving lawyers.


Law Practice, Appellate Practice

Powerful legal communication

Dec. 21, 2022
By Reza Torkzadeh, Allen P. Wilkinson

Words are a lawyer’s stock in trade. Law is all about words: the interpretation of a statute or contract, the persuasion of a ...


U.S. Supreme Court

The Supreme Court in 2022

Dec. 21, 2022
By Erwin Chemerinsky

Rarely in American history has the Supreme Court ever taken a right away, but 2022 taught us that precedent matters little in ...


Law Practice

Persuasion Science for Legal Writers

Dec. 20, 2022
By John P. Blumberg

Persuasive writers must use the same techniques as their trial lawyer counterparts who employ persuasion science to increase t...


Immigration

Save our economy with sensible immigration reform

Dec. 20, 2022
By Eli M. Kantor

Even though employers have raised wages and offered signing bonuses, there are still help wanted signs in almost every store a...


Consumer Law

Mini-TCPAs in full swing

Dec. 20, 2022
By Alexis Buese, Melanie Senosiain

These so called “mini-TCPA” statutes affect businesses looking to electronically solicit customers in those states – even if y...


9th U.S. Circuit Court of Appeals

Judge William A. Fletcher, one of the judges in the original 2-1 panel majority upholding AB 51, switched sides on Appellant’s...


Tax, Labor/Employment

Phasing out the bonus depreciation tax break

Dec. 19, 2022
By Phil Jelsma

Going forward, although bonus depreciation is the first of the tax benefits being reduced or phased out, it is by no means the...


Government

The Welfare War - Part Three

Dec. 19, 2022
By Myron Moskovitz

I thought I could persuade a Sutter County jury of conservative farmers to acquit a welfare recipient with the right ap...


Law Practice, Appellate Practice

Trial tips for direct and cross-examination

Dec. 19, 2022
By Dan L. Stanford

The most effective lawyers at cross-examination ask only questions calling for a “yes” or “no” answer.


Ethics/Professional Responsibility

The benefits of “on lien” compensation models in PI cases

Dec. 19, 2022
By Matt Zar, Survam Patel

Directly bankrolling a client's funds will raise the ire of defense counsel and compromise a client's case. It can also raise ...


Law Practice, Appellate Practice

Legal Writing Fundamentals

Dec. 19, 2022
By Anne Schneider

The IRAC formula is one surefire promise of success in litigation.


Labor/Employment

The clock is ticking on rounding

Dec. 16, 2022
By Michael D. Singer

Employers who round time adjust employees’ hours worked might have made sense in a pre-technology era in which handwritten tim...


Law Practice, Appellate Practice

Leading questions and cause challenges

Dec. 16, 2022
By Lawrence P. Riff

Code of Civil Procedure sections 225 and 229 specify grounds for a cause challenge based upon bias, either implied or actual. ...


Environmental & Energy

Modernizing water law won’t be easy

Dec. 16, 2022
By Eric L. Garner

If you like practicing in an area of law where you can go to a book and look up the answer, don’t become a water lawyer in Cal...


Guide to Legal Writing, Law Practice, Appellate Practice

Bah Humbug

Dec. 16, 2022
By Brian M. Hoffstadt

We see a surprising number of briefs that level ad hominem attacks on the opposing party, opposing counsel, and the trial judg...


Technology, Data Privacy

The recent Minnesota district court decision suggests that a "data breach" triggering cyber coverage may occur where a bad act...


Labor/Employment

A holiday wish list of potential employment law changes for 2023

MCLE
Dec. 15, 2022
By Michael S. Kalt, Lois M. Kosch

The Legislature could preserve daily overtime generally while providing scheduling flexibility by allowing individual employee...


U.S. Supreme Court, Technology

Gonzalez v. Google and tech platforms' liability

Dec. 15, 2022
By Erik Olson, Raven Quesenberry

One Supreme Court case could change the Internet as we know it


Entertainment & Sports

“Who Killed Jane Stanford”

Dec. 15, 2022
By Michael L. Stern

Why no one was ever brought to justice for this crime remains a puzzling enigma.


The Commission voted unanimously on each of the names it recommended for renaming.


Ethics/Professional Responsibility, Construction

“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...


If all the opinion accomplishes is preventing penalties, the client won’t be happy.


Civil Litigation

The revival of adult sexual assault claims

Dec. 14, 2022
By Spencer Lucas, Jesse Creed

Five years after #MeToo, survivors of Harvey Weinstein’s sexual assault finally have a statute of limitations bill to call the...


California Supreme Court, 9th U.S. Circuit Court of Appeals

The California Supreme Court is considering review of an appellate court’s ability to reverse an arbitrator’s decision to enfo...


Constitutional Law, Civil Rights

Equality for one, equality for all

Dec. 13, 2022
By Daren H. Lipinsky

With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...


Insurance, Entertainment & Sports

“Primary assumption of the risk does not grant unbridled legal immunity to all defendants, and an owner or operator still has ...


Litigation & Arbitration, Family

When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...


Ethics/Professional Responsibility

Be mindful of limitations in agreements with clients

Dec. 12, 2022
By Alanna G. Clair, Shari L. Klevens

The law recognizes that clients may have inequitable bargaining power when negotiating a relationship with a lawyer. To that e...