U.S. Supreme Court, Labor/Employment
“Life finds a way:” Viking River six months out
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
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
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)
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
By Sidney Kanazawa
With stay-at-home orders and the limited availability of courts, we learned to negotiate – without threats.
Litigation & Arbitration
7 ways to make sure your Zoom court proceedings are professional and efficient
By Michael Louis Kelly
Logically, it makes complete sense that we adapt to the sea change of technological development and continue to build on it.
Intellectual Property
Lessons from MMAS Research about dispositive pitfalls in copyright litigation
By David Martinez, Austin B. Miller
One lesson is that a grant to a bare right to sue does not afford sufficient standing to assert copyright infringement.
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
When the DPOA fails – a grey area of conservatorship
By Barbara Small
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
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
How Hollywood exacerbates anxiety medication side-effects
By Timothy L. Fall
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
By Travis M. Poteat
News release from 54 trial court CEOs obfuscates instead of elucidates regarding reporter relocation.
What are the similarities and dissimilarities in the legal and moral questions raised by possible college admission discrimina...
U.S. Supreme Court, Government
"Moore" deference could lead to more gerrymandering
By John H. Minan
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
Decision on Section 230 could restructure the internet
By Adam S. Sieff
If the Court follows Justice Thomas and narrowly reads Section 230 only to protect “distributors” from “publisher” liability, ...
The final treasury beneficial ownership information regulations will affect millions of businesses and individuals.
Most lawyers are busy people, and the only feedback often given to junior attorneys is returned work product, marked up withou...
From its birth, it was a redundant oddity. The real question might be “how did it last for 20 years?”
For companies that have put in place and have been exercising their CCPA compliance programs, the compliance readiness process...
The Inflation Reduction Act provides qualifying startups and small businesses increased R&D tax credit to offset payroll tax.
Health Care & Hospital Law, Government
When buying gifts, consider each state’s reproductive access laws
By Julie A. Werner-Simon
If you care about a woman’s dignity and reproductive autonomy, you must investigate whether the state to which you are traveli...
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
California Supreme Court recognizes broad privacy insurance coverage
By Timothy Law
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
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
Remembrance of times in the future with apologies to Marcel Proust
By Arthur Gilbert
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
Great Depression: illegal deportations or deportations of illegals?
By John S. Caragozian
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 blood, sweat and cancel culture that goes with being a televised legal analyst
By Dana M. Cole, Robin Sax
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
Employees cannot be penalized for reproductive health choices
By Kamran M. Shahabi
In November, voters approved Proposition 1, explicitly adding abortion and contraception rights to the state’s constitution.
Law Practice, Appellate Practice
Proposed Orders – creating a solid foundation for appeal
By Kirstin Ault
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
By David M. Axelrad
The prudent pleader will initiate litigation by first identifying the harm (primary right) for which recovery is sought, and t...