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The SAFER Banking Act and rescheduling of cannabis could keep the industry in a state of partial reform, and may hinder full l...


Judges and Judiciary

Memorable court moments

Jan. 5, 2024
By Michael L. Stern

Memorable court moments don’t occur too often, but they do make for great courtroom war stories.


Ethics/Professional Responsibility

Mitigating the risks of malpractice claims from third parties

MCLE
Jan. 5, 2024
By Shari L. Klevens, Alanna G. Clair

Under the doctrine of foreseeable reliance, a court could find that a professional owes a duty to those persons whom the profe...


Intellectual Property, 9th U.S. Circuit Court of Appeals

The 9th Circuit has been a staunch defender of copyright protections, but it should come as no surprise that the scope of copy...


Intellectual Property, Government

Sino-US scientific cooperation needs to continue

Jan. 4, 2024
By Xinying Huang

Claims of intellectual property theft, though a problem, are exaggerated and pose a threat to the extension of the U.S.-China ...


Labor/Employment, California Supreme Court

From current time-rounding practices to whether public entities are exempt from certain Labor Code obligations, 2024 promises ...


Environmental & Energy

Cascade-Siskiyou National Monument expansion sparks controversy

Jan. 4, 2024
By Kara M. Rollins, Zhonette M. Brown

Recent petitions provide the U.S. Supreme Court a rare opportunity to resolve a conflict between presidential monument designa...


Torts/Personal Injury

One should not assume that just because a client was injured by a drunk driver, punitive damages are automatically available. ...


Consumer Law

Putting the squeeze on California’s lemon law

Jan. 3, 2024
By J. Brian Lynn, Maria Sanjur-Van Brande

The state’s highest court should reverse a recent decision that provides an economic incentive for manufacturers to avoid comp...


Military Law

Treble damages available to veterans

Jan. 3, 2024
By Eileen C. Moore

Salespersons, many with military backgrounds, present bogus investment opportunities in day trading, commodities and other fak...


Civil Rights

The only reason anyone would try to eliminate diversity is because they have issues with it. Most often, those issues stem fro...


Technology

Can we trust OpenAI?

Jan. 3, 2024
By James Park

There is an argument to be made that Sam Altman should be monitored and controls put into place to prevent unilateral decision...


AB 288: The impact on California probate

Jan. 3, 2024
By Zachary Weitz

The bill authorizes a new addition to the Probate Code, Section 5614.5, and could have a substantial impact on California esta...


AB 594: PAGA wage-and-hour update

Jan. 3, 2024
By Ruben Escobedo III

Assembly Bill 594 adds and amends California Labor Code sections 180, 181, 182, 218, and 226.8 by authorizing “public prosecut...


AB 1307 reestablished existing precedent that minor and intermittent noise nuisances, such as from unamplified human voices, b...


Companies that claim to reduce Greenhouse Gas emissions are now required to back-up those assertions, though a regulatory agen...


Starting March 1, 2024, Venture Capital Companies must start reporting the diversity data of portfolio investments made during...


The bill expands the circumstances under which an individual is considered gravely disabled, and therefore may be involuntaril...


AB 1633: The Housing Accountability Act

Jan. 3, 2024
By CJ Higley, Alyssa Netto

AB 1633 allows applicants to sue local agencies that use CEQA delays to effectively disapprove, render financially infeasible,...


The new law should increase the fairness of the civil discovery process by ensuring that all parties have early access to a co...


SB 848: California implements leave for reproductive loss

Jan. 3, 2024
By Krista Mitzel, Ronak Patel

Reproductive loss leave is a subset of California’s bereavement leave law and increases an employee’s leave entitlement for a ...


SB 553: New workplace violence prevention procedures

Jan. 3, 2024
By Roland M. Juarez, Michael Pearlson

Employers must “establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention...


SB 365 was designed to address this perceived injustice by providing courts with discretion to decide whether a case could pro...


Introduced by Sen. Steven Bradford, SB 700 adds to the existing Fair Employment and Housing Act (FEHA) prohibitions on discrim...


Senate Bill 699 prohibits employers from entering into noncompete agreements regardless of where and when the agreement was si...


Year in Review Column, Appellate Practice

Highs and lows: the 2023 appellate year in review

Jan. 2, 2024
By Benjamin G. Shatz

Tech glitches and etiquette blunders brought some comedic relief during the pandemic, but 2023 turned more serious as concerns...


Law Practice, Appellate Practice

Using precedent to persuade

Jan. 2, 2024
By Myron Moskovitz

There's a right way to use precedent. Explain how a respected authority gave the issue some thought, wrote a persuasive analys...


U.S. Supreme Court, Securities

The case, Macquarie Infrastructure Corp. v. Moab Partners, L.P., No.-1165, centers upon a company's alleged failure to ...


Ethics/Professional Responsibility

Reflecting on professionalism for a 'happy' New Year

Jan. 2, 2024
By Carole J. Buckner

The process of developing the lawyering skill of civility requires not only the knowledge that civility is a component of prof...


Technology, Data Privacy

As tensions between data privacy and AI increase, companies will have to balance their data needs with privacy, cyber, and AI ...