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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...


Family

The nightmare of Drake v. Pinkham - when is it safe to challenge a trust?

Nov. 18, 2022
By Marc L. Sallus, Marshal A. Oldman

Although it appears that AB 1745 allows us to venture outside and avoid the Day of the Living Dead, not so fast. Remember, Dra...


Government, Criminal

How dare you make me do your job

Nov. 18, 2022
By Kathleen Cady

So why was the defendant who had been sentenced to 107 years in prison up for parole after only 31 years? Because in 2017 legi...


Judges and Judiciary

Courtroom displays of bias assault the Justice System

Nov. 18, 2022
By Jordanna Thigpen

Representing someone accused of rape does not make an attorney a rapist. But crossing the line into verbally attacking and den...


Insurance, Health Care & Hospital Law, Construction

In order to establish liability of the owner and general contractor as hirers of the independent contractor whose employee is ...


Legal Education

It is not about railing against rankings or complaining that they “hurt” us in some way. However, there are specific issues th...


Tax

Tax wise, should you settle cases in 2022 or 2023?

Nov. 17, 2022
By Robert W. Wood

The best solution to many of these dilemmas in a case settling near the end of the year is to think about it and specify what ...


U.S. Supreme Court, Government

Populism is not new in this country but the systemic change it has attempted seldom lasts.


Technology, California Courts of Appeal

California Court suppresses fruits of geofence warrant

Nov. 17, 2022
By George K. Rosenstock

The notion that this technological tool should be banned entirely – leaving law enforcement with no tools for attempting to so...


Intellectual Property

CCB for you and for me? Maybe.

Nov. 16, 2022
By John R. Wierzbicki

The Copyright Claims Board, which resides within the Library of Congress, is now available to hear your infringement action, s...


U.S. Supreme Court, Native Americans, Family

A matter of life or death

Nov. 16, 2022
By Timothy Sandefur

SCOTUS should strike down ICWA’s race-based burdens


Now that we are out of a hot market and are transitioning into a possible recession (or are there already), the topic of guara...


Law Practice, Appellate Practice

Settling with parties WHO hate each other

Nov. 16, 2022
By Christopher C. Melcher

If we invest the time to understand what the other side wants, and why they want it, there’s a good chance they will listen to...


Labor/Employment

Cutting edge employment law issues: Are these on your radar?

Nov. 15, 2022
By Christina M. Coleman

Employment law is continually evolving. Staying informed of these laws is critical to identifying potential claims to pursue, ...