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Antitrust & Trade Reg.

Against the 'Europeanization' of California's antitrust law

May 15, 2024
By Geoffrey A. Manne, Dirk Auer

Adopting the European model of antitrust law could harm California’s economy, especially its technology industry and its start...


Constitutional Law, 9th U.S. Circuit Court of Appeals

The 9th Circuit ignored the law and common sense

May 14, 2024
By Erwin Chemerinsky

The court’s decision contradicts previous Ninth Circuit decisions and Supreme Court statements that the Second Amendment appli...


Ethics/Professional Responsibility, Data Privacy

The California State Bar is considering adding privacy law as a new area of legal specialization, which would require lawyers ...


Labor/Employment, California Supreme Court

A defense is available to employers when it comes to section 226 premium penalties, based on dictionary definitions of “knowin...


U.S. Supreme Court

An honor to dream not of

May 13, 2024
By Steven S. Kimball

Being nominated to the US Supreme Court is not an honor worth pursuing, as it involves lying, politicization, and elitism.


Government, Criminal, Constitutional Law

The Biden administration recently revised Title IX regulations that govern how colleges and universities handle sexual assault...


Labor/Employment

Workplace harassment: A new landscape

May 13, 2024
By JJ Johnston

The Equal Employment Opportunity Commission (EEOC) has updated its harassment guidelines for the first time in 25 years. The n...


Ethics/Professional Responsibility

The DeVillier v. Texas case highlights the need for government officials to act in good faith when dealing with citizen...


Labor/Employment

Understanding violence and harassment in the workplace

MCLE
May 10, 2024
By Francisco Mundaca

Businesses and workers lose more than $50 billion each year to workplace misconduct, but it doesn’t have to be this way.


Family

'You have been sued' - and other unwitting insults of the procedural divorce

May 10, 2024
By Jennifer Winestone, Jeffery S. Jacobson

SB 1427 passed on the consent calendar in the California State Senate on May 9, 2024, and has been referred to the State Assem...


Entertainment & Sports

The NCAA is at risk of losing its power and relevance, unless it can reform its rules and governance, and address the emerging...


Ethics/Professional Responsibility

Safeguarding client secrets: Considerations for attorneys traveling abroad

May 9, 2024
By Shari L. Klevens, Alanna G. Clair

The ABA has urged the Department of Homeland Security to modify and clarify the directives for border searches of lawyers’ dev...


Labor/Employment

Employers should conduct a thorough and fair investigation when they receive or observe a workplace complaint, which involves ...


Torts/Personal Injury

Pedestrian fatalities have spiked. Who’s to blame?

May 9, 2024
By Reza Torkzadeh, Allen P. Wilkinson

California has one of the highest rates of pedestrian-motor vehicle accidents in the US, with over 1,100 pedestrians killed an...


Recent climate disclosure regulations can be a catalyst for business transformation, as companies can use sustainability data ...


Corporate, Administrative/Regulatory

The DOJ's immunity program may undermine the effectiveness of internal compliance and reporting mechanisms in corporations, as...


Civil Litigation

California courts have seen a surge in filings for childhood sexual abuse cases due to the legislature's decision to extend th...


Judges and Judiciary

Who’s in chambers: Law clerk diversity

May 7, 2024
By Benjamin G. Shatz

Appellate lawyers should have a heightened interest in who works behind the scenes in appellate chambers, as they can have a m...


Mergers & Acquisitions, Corporate

Delaware needs to fix a broken dispute resolution process affecting Delaware-governed contracts, particularly M&A agreemen...


Torts/Personal Injury, Construction

A recent appellate case highlights the importance of avoiding turning a blind eye to the use of equipment by subcontractors, a...


The recent bill to ban TikTok in the United States highlights the country's complacency and overconfidence, potentially underm...


Law Practice

I didn’t do it

May 6, 2024
By Arthur Gilbert

Judicial opinions should be clear, comprehensible, and authentic. Otherwise, opinions should take a TV drug commercial approac...


Legal Education

Teaching Abroad Part II: The Play

May 6, 2024
By Myron Moskovitz

Examining a foreign judicial system can help us question our assumptions and goals, and there is no simple answer to which sys...


Labor/Employment

The California Supreme Court recently clarified which hours are compensable for employees ...


Government, Constitutional Law

The ruling could have broader implications for future state legislation that attempts to supersede charter cities’ authority o...


Data Privacy

Businesses beware – privacy plaintiffs are looking at you, too

May 6, 2024
By Eric Bakewell, Susan Rohol

Plaintiffs have filed a wave of privacy complaints against website owners, alleging violations of the California Invasion of P...


After being struck by a cargo ship that brought down the Francis Scott Key Bridge, many people blamed diversity, equity, and i...


The Gunther case expressly declined to follow an earlier decision in the Fourth District, ...


The Supreme Court will decide whether 18 U.S.C. 666 only criminalizes quid pro quo bribery or also covers gratuities, such as ...


Employers may need to review and document their transfer policies more carefully and be prepared to face challenges and damage...