Technology, Intellectual Property
Algorithms as trade secrets
By Randall E. Kay, Kristin Lahaszow
Why the New York Times and TikTok Are More Similar to Each Other Than You Think
Entertainment & Sports
Stream it Tonight! A Few Good Men (1992)
By Michael Asimow, Paul Bergman
In addition to providing superior entertainment, the movie shows how a writer (Aaron Sorkin) can use the courtroom format to s...
Intellectual Property, Entertainment & Sports
The year-end NIL playbook for lawyers
By Frank N. Darras
Cash upfront in exchange for a percentage of backend earnings is not a new concept, but since it is still in its infancy in co...
Real Estate/Development, Government
Challenges to adequate housing measures continue
By Jeffrey Carlin, Kathleen Hill
California has approved Los Angeles’s updated housing element addressing the City’s pervasive lack of adequate and affordable ...
A renaming exposes the school to “unknown and potentially enormous” financial risks. It also suddenly creates a law school wit...
Real Estate/Development, Government, Environmental & Energy
California’s environmental state agencies are converting CEQA’s anti-project Howitzer into a Neutron Bomb.
By Jennifer L. Hernandez
Take a sober look at California's worst-in-the-nation poverty rate and the shameful fact that the vast majority of our poor ar...
Law Practice, Appellate Practice
Seven practical tips for healthy companies that do business with not-so-healthy companies
By Robbin L. Itkin
While “cash is king” and it is beneficial to be paid by someone who owes you money, you must recognize that under certain circ...
Should AB 1936 pass and be signed by Governor Gavin Newsom, it will remove the taint of association with Serranus Hastings but...
Health Care & Hospital Law
Information about hazardous products shouldn’t be a secret
By Vineet Dubey
The reality is that most people never hear about deceitful marketing practices or other bad acts of companies that put out dan...
Securities, Data Privacy
Critics urge SEC to scale back cyberattack reporting to lesser California requirement
By Anita Taff-Rice
One of the most controversial parts of the SEC’s rules proposal is a requirement that companies report a cybersecurity inciden...
Democracy should be coveted for the equal opportunity it affords its citizens, but also for its track record of success.
Education Law, Civil Rights
It’s no Surprise that Florida’s Anti-WOKE Law violates freedom of speech
By Leonid M. Zilberman
The simple truth is that employers who create diverse and inclusive workplaces get sued less – and fewer claims mean lower leg...
Government, Ediscovery
Court’s downplaying of video in police misconduct case was a mistake of fact
By V. James DeSimone
In light of numerous prior decisions in high-profile police misconduct cases, including the George Floyd criminal verdicts, it...
Tax
Business seller’s bonanza: capital gains (not ordinary income) tax
By Stephen Mihaly, Bruce Givner
Happily, the Internal Revenue Code has a rule that should allow Seller and Buyer to salvage their initial handshake deal.
Data Privacy, Administrative/Regulatory
What costs more than privacy compliance? Apparently, everything
By David Zetoony
Could the California Privacy Protection Agency really believe that compliance with the proposed regulations would be less than...
Real Estate/Development, Insurance
Coastal properties and insuring flood risk
By Kirk A. Pasich
Coastal property owners will face an increasing challenge – pressure on public agencies not to spend taxpayer money to protect...
Constitutional Law
Codifying Roe v. Wade will prove to be abortive
By Richard A. Nixon
Congress has used its power under the Commerce Clause to do many things not authorized by the Constitution. This proposed use ...
Technology
Website accessibility: Martinez v. Cot’n Wash gets it wrong
By Areta K. Guthrey
No one can dispute that the internet is a fundamental part of community life.
There are at least three legal and ethical structures that can significantly mitigate the ultimate tax cost.
Insurance
La Brea crash illustrates important insurance issues
By Michael E. Rubinstein
Of course, no amount of money will bring anyone back. But as injury lawyers, we try to help our clients find some semblance of...
Labor/Employment, Government
Delivery drivers could also be required to be responsible servers
By Miguel A. Custodio
Not surprisingly, the delivery companies are crying foul, claiming that the law would be costly, inconvenient and unnecessary.
Entertainment & Sports
Stream it Tonight! Denial (2016)
By Michael Asimow, Paul Bergman
British defamation law is much more favorable to the plaintiff than U.S. law.
In most fire cases, legal fees can be dealt with in a way so that victims do not have to pay tax on the fees, but you should s...
Government, Civil Rights
When is a public official’s social media page subject to the First Amendment?
By Ronald J. Scholar
The Court noted that social media, like Facebook and Twitter, were “fora inherently compatible with expressive activity” and a...
Insurance, Civil Litigation
Emerging trends in insurance coverage litigation
By Salvatore Padula
It is increasingly clear that insureds asserting claims for loss of business income during periods of government-ordered shutd...
The lesson from all of this is that all of the justices, whether they openly admit it or not, are making value choices as to w...
State Bar & Bar Associations, Judges and Judiciary
“Let’s kill all the lawyers!” Shakespeare was not so far off the point but for other reasons
By A. Marco Turk
Because the success of Girardi’s unethical practices depended on private judges who “occupy a secretive corner of the legal wo...
Common sense tells us that when drug dealers are in prison, they can’t sell drugs to kids, so our communities are safer. Incre...
California Supreme Court, Administrative/Regulatory
What’s ailing the California Supreme Court? Its productivity has plummeted
By Jon B. Eisenberg
This is bad news for the bench, bar and public.