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Intellectual Property

The Thousand Talent Program (TTP) is an initiative by the Chinese government to recruit foreign experts in fields that China c...


Ethics/Professional Responsibility

Rule 8.3 of the California Rules of Professional Conduct requires lawyers to report misconduct by other lawyers, but it may co...



Government, Alternative Dispute Resolution

The bill raises concerns about the ethical dilemmas faced by mediators, particularly when they witness attorney misconduct. Pr...


Judges and Judiciary, Appellate Practice

Predicting appellate outcomes based on the panel

Apr. 2, 2024
By Benjamin G. Shatz

Two recent studies examine how the personal and professional backgrounds of appellate judges affect their decisions on the sta...



Deported veterans often cannot access the health care and disability benefits they are entitled to from the VA, either because...


Judges and Judiciary

April Showers

Apr. 1, 2024
By Arthur Gilbert

California and other state legislatures are working to improve the intelligibility of legislation by limiting sentences to 25 ...



Appellate Practice

Many cases do not have a strong enough argument or trial court record to have a decent chance of winning. Appellate lawyers pr...


The Kansas State Young Americans for Freedom sought access to DEI funds, by twice citing an article by Mark B. Baer as a reaso...



Jury service can be traumatic

Apr. 1, 2024
By Laura W. Halgren

Jurors may be exposed to disturbing testimony or evidence that can cause secondary trauma. Some courts offer counseling servic...


Historically, firing an officer has not been straightforward as even serious misconduct cases have not led to termination.



Constitutional Law

Is a taking based on pretext constitutional?

Mar. 29, 2024
By Michael M. Berger

In Brinkmann v. Town of Southold, the Second Circuit ruled that the taking of private property for a passive park was a...


Real Estate, Contracts

Lawyers Preventing Homelessness

Mar. 29, 2024
By Adam Murray

Surveys find that between 11% and 45% of people experiencing homelessness report eviction as a primary cause of their homeless...



Antitrust & Trade Reg.

The European Commission has forced Apple to allow iPhone users to directly download apps from the web and install other app st...


Real Estate, Antitrust & Trade Reg.

Changes are coming, but real estate commissions may stay the same

Mar. 28, 2024
By Tyler Sanchez , Marius Mateescu

The settlement includes practice changes that decouple the buyer’s commission payment from the sale of a home listed on NAR-af...



Civil Procedure

Turning down reasonable 998 offers can be costly

MCLE
Mar. 28, 2024
By Arash Homampour

Section 998 offers can be used strategically to evaluate the strengths and weaknesses of cases, but they can also be used for ...


Law Practice

Discover the power of empathy as the foundation of client-centricity, the critical role of effective communication in forging ...



Contracts

The City of Los Angeles can and should use the California Unfair Competition Law to sue the individuals or companies who resel...


Cannabis

California’s cannabis law leaves law enforcement agencies in a haze

Mar. 27, 2024
By Geoffrey S. Sheldon , Emanuela Tala

Unless and until SB 1264 or a similar bill is passed it appears that public safety officers are generally free to use marijuan...



Clemency is a means to ameliorate or avoid particular criminal judgments in special cases. The statutory application procedure...


Antitrust & Trade Reg.

California revives criminal enforcement of the Cartwright Act

Mar. 27, 2024
By Bonnie Lau , Eliot A. Adelson

Companies doing business in California should consider the Cartwright Act when developing or updating their antitrust programs...



Labor/Employment, California Courts of Appeal

Employers will need to be more cautious and pragmatic in resolving labor disputes, as they may face significant fee awards eve...


Criminal

The OC billboard campaign won’t reduce crime

Mar. 26, 2024
By K. Chike Odiwe

Studies have shown that tough-on-crime laws do not reduce crime rates, but rather increase the number of people in prison, esp...



Securities

The SEC requires public companies to maintain disclosure controls and procedures, and it can sanction companies and officers w...


Answering yes or no to the IRS question can have significant consequences, as a false or misleading answer could expose the ta...



Constitutional Law

The Supreme Court in Lindke v. Freed ruled that a public official's social media activity constitutes state action only...


Consumer Law

Is it time to re-think the consumer expectation test in liability defect cases?

Mar. 25, 2024
By James J. Yukevich , Cristina Ciminelli

Manufacturers, especially vehicle manufacturers, should be able to present any evidence that shows there was no defect in the ...



Education Law

Top institutions have notoriously low admission rates, particularly for women and people of color, highlighting the importance...


State Bar & Bar Associations

Several states, including California, have been considering alternative pathways to lawyer licensure. Washington and Oregon ha...



Constitutional Law

Double jeopardy: Oh no! You again!

Mar. 25, 2024
By James P. Cooper III

California has enacted several statutes that provide greater double jeopardy protection than the constitutional clauses, and b...


Ethics/Professional Responsibility

Legal ethics lessons learned from COPRAC opinions

MCLE
Mar. 22, 2024
By Joanna L. Storey Mishler

The Committee on Professional Responsibility and Conduct has published several ethics opinions and helps lawyers navigate risk...