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U.S. Supreme Court, Labor/Employment

“Life finds a way:” Viking River six months out

Dec. 12, 2022
By Eric B. Kingsley

The Viking decision is a bit disjointed. As I have written before, the fundamental way to understand the opinion is thr...


Real Estate/Development

The Calif. Uniform Partition of Heirs Property Act

Dec. 12, 2022
By Denise E. Chambliss, Katherine A. West

A careful study of the Heirs Property Act will quickly identify many questions or procedures left unanswered. Such issues and ...


Technology

Open-source license enforcement; risk to companies

Dec. 12, 2022
By Daniel P. Hughes, Matthew Ruth

Though open-source software is offered for free, using it can carry hidden costs.


Entertainment & Sports

Stream it Tonight! The Trial of the Chicago 7 (2020)

Dec. 9, 2022
By Michael Asimow, Paul Bergman

The conspiracy trial was political theater from beginning to end. It should be remembered as a battle in the culture wars rath...


Law Practice, Appellate Practice

The pandemic, Zoom, and a “new” civility

Dec. 9, 2022
By Sidney Kanazawa

With stay-at-home orders and the limited availability of courts, we learned to negotiate – without threats.


Litigation & Arbitration

Logically, it makes complete sense that we adapt to the sea change of technological development and continue to build on it.


Intellectual Property

One lesson is that a grant to a bare right to sue does not afford sufficient standing to assert copyright infringement.


Class Action

Your Honor, please drop my case

Dec. 8, 2022
By Stefan Bogdanovich

The Class Action Fairness Act set off a “jurisdictional ping-pong game” where plaintiffs sought to have the case heard in stat...


Health Care & Hospital Law, Family

What happens when conditions are present that cause a Durable Power of Attorney to fail its intended purpose, but there has be...


Judges and Judiciary, Administrative/Regulatory

Special Masters: The court’s (not so) secret weapon

Dec. 8, 2022
By Anne M. Lawlor Goyette

Now is the time for the expanded use of special masters. Over the past two and half years, Covid-19 significantly disrupted ci...


Judges and Judiciary, Entertainment & Sports

There are over 1700 judges in California. That means more than 400 judges fall into the anxiety/depression population. Does th...


Judges and Judiciary, Administrative/Regulatory

More than money, less than candid

Dec. 8, 2022
By Travis M. Poteat

News release from 54 trial court CEOs obfuscates instead of elucidates regarding reporter relocation.


Letters

Legal and moral questions behind college admissions

Dec. 7, 2022
By William K.S. Wang

What are the similarities and dissimilarities in the legal and moral questions raised by possible college admission discrimina...


U.S. Supreme Court, Government

Should the Court adopt this rationale in Moore, it is essential that the precise meaning of "some deference" be clearly...


U.S. Supreme Court, Technology, Civil Rights

If the Court follows Justice Thomas and narrowly reads Section 230 only to protect “distributors” from “publisher” liability, ...


Banking

Beneficial ownership no longer nebular

Dec. 7, 2022
By Stephen Mihaly, William Norman

The final treasury beneficial ownership information regulations will affect millions of businesses and individuals.


Law Practice, Appellate Practice

The duty to mentor

Dec. 7, 2022
By James McManis

Most lawyers are busy people, and the only feedback often given to junior attorneys is returned work product, marked up withou...


Banking

Fed. Appendectomy: RIP Fed.App’x (2001-2021)

Dec. 6, 2022
By Benjamin G. Shatz

From its birth, it was a redundant oddity. The real question might be “how did it last for 20 years?”


Intellectual Property, Data Privacy

Data Privacy for IP Attorneys

Dec. 6, 2022
By John Pavolotsky

For companies that have put in place and have been exercising their CCPA compliance programs, the compliance readiness process...


Government

Small business R&D tax credits have increased

Dec. 6, 2022
By LaVonne Lawson

The Inflation Reduction Act provides qualifying startups and small businesses increased R&D tax credit to offset payroll tax.


Health Care & Hospital Law, Government

If you care about a woman’s dignity and reproductive autonomy, you must investigate whether the state to which you are traveli...


Government

The Welfare War - Part Two

Dec. 5, 2022
By Myron Moskovitz

We met at Stassi’s Bar, down the street from my office. Harry was in his 50’s, short, stout, balding, and very scared – less ...


Insurance, Data Privacy, California Supreme Court

The California Supreme Court recently ruled that general liability insurance can apply not just to the right of secrecy but al...


U.S. Supreme Court, Intellectual Property

Intellectual property at the Supreme Court

Dec. 5, 2022
By David Lisson, Philip T. Sheng

The Supreme Court turned its attention to intellectual property in a big way in 2022, taking up cases that could significantly...


Law Practice, Appellate Practice

What is unusual is that I am writing about an event that has not yet occurred. But now as you read this column, it already hap...


Government

Lest we think of these events as ancient history, some of our fellow Californians – living, but now elderly – endured and stil...


Law Practice, Appellate Practice

The public's unending modern day fascination with celebrities in trouble began with the televised Zsa Zsa Gabor Beverly...


Labor/Employment, Health Care & Hospital Law

In November, voters approved Proposition 1, explicitly adding abortion and contraception rights to the state’s constitution.


Law Practice, Appellate Practice

Your goal should be for the court to use your proposed order as a starting place – something to edit, rather than starting fre...


Litigation & Arbitration

The primary rights theory of claim preclusion

Dec. 1, 2022
By David M. Axelrad

The prudent pleader will initiate litigation by first identifying the harm (primary right) for which recovery is sought, and t...