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Land Use, Government

For most, market realities combined with the generational wrenches of housing discrimination make homeownership inaccessible. ...


Letters

Girardi’s deception unbeknownst to defense attorneys

Dec. 1, 2022
By James J. Yukevich


Law Practice, International Law, Appellate Practice

Lawyers Without Borders

Dec. 1, 2022
By David M. Majchrzak, Heather L. Rosing

It is important for California lawyers who venture into other states to have a firm understanding of what is permitted.


Ediscovery

Subpoenas: uncovering evidence from third parties in the digital age

Dec. 1, 2022
By Christopher M. Long, Sara Abdalla

Where a user configures their social media posts to be inaccessible to the general public and accessible only to their “friend...


Land Use, Government

In whose backyard?

MCLE
Nov. 30, 2022
By Michael M. Berger

The legislature has long required that a city’s zoning and general plan be consistent, but cities have become adept at evading...


Family

Mandatory reporting: a worthwhile cause

Nov. 30, 2022
By Matthew Whibley

These cases are also very difficult to prove in terms of liability and causation


California Supreme Court

California Supreme Court Review: October 2022

Nov. 30, 2022
By Alexis S. Coll, Kourtney Kinsel

Two recently-accepted cases suggest that the Court is focused on assessing the power dynamics in common contracts and that ...


Litigation & Arbitration

The three little letters

Nov. 30, 2022
By Robert S. Mann

Parties to lawsuits, especially parties who by temperament are inclined toward a focus on principle, often have unrealistic ex...


Family

We should never be Royals

Nov. 29, 2022
By Clare Capaccioli Velasquez, Ariel G. Siner

For attachment orders in financial elder abuse cases, we should never be Royals. This case clarifies and reminds practi...


Litigation & Arbitration

Depositions of commercial motor carriers

Nov. 29, 2022
By Katherine Harvey-Lee

Every deposition of a carrier should begin with the acknowledgement that minimum safety standards control the carrier and thei...


Securities

Curing a potential delisting

Nov. 29, 2022
By Sara L. Terheggen

Reverse stock splits are commonly used to avoid delisting, though they are generally seen as a sign that a company is in troub...


Tax, Labor/Employment

How IRS taxes employment settlements

Nov. 29, 2022
By Robert W. Wood

You must address the Form 1099 on your tax return, but on the right facts, you may be able to explain that the payment should ...


Labor/Employment

Torts Illustrated: Employees, yes you cann...abis

Nov. 28, 2022
By Rodney S. Diggs

It would be contradictorily disjunctive to permit cannabis use recreationally as a state, but still allow employers to discrim...


Technology, Intellectual Property

The brave new world of AI-generated intellectual property disputes

Nov. 28, 2022
By Ryan Abbott, Jackson Lucky

The court's Warhol Foundation decision will address human-generated art, but it's easy to see how its reasoning could a...


Civil Litigation

It’s notable that corporate legal teams are increasingly using commercial legal finance, as this reflects its continued normal...


Data Privacy

The California Privacy Rights Act takes effect Jan.1, but will cover data collection practices of 2022.


Entertainment & Sports

Stream It Tonight! Where the Crawdads Sing (2022)

Nov. 25, 2022
By Michael Asimow, Paul Bergman

Despite his strong defense, defense lawyer Sam Milton and viewers have to wonder whether the jurors will overcome their fear a...


Real Estate/Development, Land Use

PMQ depositions in premises liability cases are a tool utilized by plaintiffs to seek all information known to, and documents ...


Labor/Employment, Contracts

Unintended consequences of confidentiality clauses

Nov. 23, 2022
By Steven H. Kruis

The insertion of a confidentiality clause into a settlement agreement of a personal injury claim, or one for emotional distres...


Slideshow, Government

Every 24 minutes, a person dies on a rural highway. Many of those deaths are linked to extreme drop-offs at a road's edge, whi...


Judges and Judiciary, Ethics/Professional Responsibility

Can judges compliment lawyers?

Nov. 23, 2022
By Wendy L. Patrick

The practical application of professional ethics where appearances might influence the perception of reality, especially at a ...


Law Practice, Appellate Practice

Coping with stresses of the legal field

Nov. 23, 2022
By Angela Han

The point is to follow our own truth so that our external circumstances matter less, making the journey itself worthwhile and ...


Ethics/Professional Responsibility

Earning back our reputation through ethics

Nov. 22, 2022
By Nicholas Rowley

Many of us were told that Tom Girardi is a lawyer you never want to be on the wrong side of, that he was powerful and connecte...


U.S. Supreme Court, Civil Rights

Voting rights litigation may become a contradiction in terms

Nov. 22, 2022
By Anne P. Bellows, Ginger Grimes

Alabama is attempting to capitalize on the view that the Fourteenth Amendment’s Equal Protection Clause demands “colorblindnes...


An overview of California’s dog bite laws

Nov. 22, 2022
By Michael E. Rubinstein

California does not follow the “one-free bite” rule. Instead, a dog owner is liable the very first time his or her dog bites s...


Litigation & Arbitration, Civil Litigation

First inning of any new case: understanding the players

Nov. 22, 2022
By Joseph M. Barrett

Total honesty and some flexibility or compromise will be necessary in the “opening inning” of any injury claim.



Government

The Welfare War – Part One

Nov. 21, 2022
By Myron Moskovitz

If any were convicted, a clear message would go out to the poor of Yuba-Sutter: use CRLA and go to jail.


Ediscovery

Mobile messaging and e-discovery

MCLE
Nov. 21, 2022
By Daniel B. Garrie, Gail A. Andler

So, just like social media posts and other forms of digital communication, text messages can be used in court as evidence and ...


Government, 9th U.S. Circuit Court of Appeals

Chalking Tires

Nov. 21, 2022
By Jeremiah Johnson

For now, the Circuits are split on this issue, and we will have to wait and see if the Supreme Court will take the time to dra...