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Consumer Law

Mini-TCPAs in full swing

Dec. 20, 2022
By Alexis Buese, Melanie Senosiain

These so called “mini-TCPA” statutes affect businesses looking to electronically solicit customers in those states – even if y...


9th U.S. Circuit Court of Appeals

Judge William A. Fletcher, one of the judges in the original 2-1 panel majority upholding AB 51, switched sides on Appellant’s...


Tax, Labor/Employment

Phasing out the bonus depreciation tax break

Dec. 19, 2022
By Phil Jelsma

Going forward, although bonus depreciation is the first of the tax benefits being reduced or phased out, it is by no means the...


Government

The Welfare War - Part Three

Dec. 19, 2022
By Myron Moskovitz

I thought I could persuade a Sutter County jury of conservative farmers to acquit a welfare recipient with the right ap...


Law Practice, Appellate Practice

Trial tips for direct and cross-examination

Dec. 19, 2022
By Dan L. Stanford

The most effective lawyers at cross-examination ask only questions calling for a “yes” or “no” answer.


Ethics/Professional Responsibility

The benefits of “on lien” compensation models in PI cases

Dec. 19, 2022
By Matt Zar, Survam Patel

Directly bankrolling a client's funds will raise the ire of defense counsel and compromise a client's case. It can also raise ...


Law Practice, Appellate Practice

Legal Writing Fundamentals

Dec. 19, 2022
By Anne Schneider

The IRAC formula is one surefire promise of success in litigation.


Labor/Employment

The clock is ticking on rounding

Dec. 16, 2022
By Michael D. Singer

Employers who round time adjust employees’ hours worked might have made sense in a pre-technology era in which handwritten tim...


Law Practice, Appellate Practice

Leading questions and cause challenges

Dec. 16, 2022
By Lawrence P. Riff

Code of Civil Procedure sections 225 and 229 specify grounds for a cause challenge based upon bias, either implied or actual. ...


Environmental & Energy

Modernizing water law won’t be easy

Dec. 16, 2022
By Eric L. Garner

If you like practicing in an area of law where you can go to a book and look up the answer, don’t become a water lawyer in Cal...


Guide to Legal Writing, Law Practice, Appellate Practice

Bah Humbug

Dec. 16, 2022
By Brian M. Hoffstadt

We see a surprising number of briefs that level ad hominem attacks on the opposing party, opposing counsel, and the trial judg...


Technology, Data Privacy

The recent Minnesota district court decision suggests that a "data breach" triggering cyber coverage may occur where a bad act...


Labor/Employment

A holiday wish list of potential employment law changes for 2023

MCLE
Dec. 15, 2022
By Michael S. Kalt, Lois M. Kosch

The Legislature could preserve daily overtime generally while providing scheduling flexibility by allowing individual employee...


U.S. Supreme Court, Technology

Gonzalez v. Google and tech platforms' liability

Dec. 15, 2022
By Erik Olson, Raven Quesenberry

One Supreme Court case could change the Internet as we know it


Entertainment & Sports

“Who Killed Jane Stanford”

Dec. 15, 2022
By Michael L. Stern

Why no one was ever brought to justice for this crime remains a puzzling enigma.


The Commission voted unanimously on each of the names it recommended for renaming.


Ethics/Professional Responsibility, Construction

“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...


If all the opinion accomplishes is preventing penalties, the client won’t be happy.


Civil Litigation

The revival of adult sexual assault claims

Dec. 14, 2022
By Spencer Lucas, Jesse Creed

Five years after #MeToo, survivors of Harvey Weinstein’s sexual assault finally have a statute of limitations bill to call the...


California Supreme Court, 9th U.S. Circuit Court of Appeals

The California Supreme Court is considering review of an appellate court’s ability to reverse an arbitrator’s decision to enfo...


Constitutional Law, Civil Rights

Equality for one, equality for all

Dec. 13, 2022
By Daren H. Lipinsky

With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...


Insurance, Entertainment & Sports

“Primary assumption of the risk does not grant unbridled legal immunity to all defendants, and an owner or operator still has ...


Litigation & Arbitration, Family

When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...


Ethics/Professional Responsibility

Be mindful of limitations in agreements with clients

Dec. 12, 2022
By Alanna G. Clair, Shari L. Klevens

The law recognizes that clients may have inequitable bargaining power when negotiating a relationship with a lawyer. To that e...


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.