Cannabis
Unveiling the pitfalls of proposed cannabis rescheduling and banking protections
By Michael Rosenblum
The SAFER Banking Act and rescheduling of cannabis could keep the industry in a state of partial reform, and may hinder full l...
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
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
9th Circuit’s broad view of the ‘public display’ right protects copyright holders
By Jason Casero
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
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
California’s employment protection landscape faces pending cases
By Phyllis W. Cheng
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
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
When are punitive damages available to a plaintiff in a DUI case?
By Michael E. Rubinstein
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
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...
Salespersons, many with military backgrounds, present bogus investment opportunities in day trading, commodities and other fak...
The only reason anyone would try to eliminate diversity is because they have issues with it. Most often, those issues stem fro...
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
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
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...
AB1307: Student party noise is not a CEQA impact
By Sheri Bonstelle
AB 1307 reestablished existing precedent that minor and intermittent noise nuisances, such as from unamplified human voices, b...
AB 1305: Company websites must disclose carbon and climate impact
By Maureen F. Gorsen
Companies that claim to reduce Greenhouse Gas emissions are now required to back-up those assertions, though a regulatory agen...
SB 54: Investment community's new DEI reporting requirements
By Lisa Liu
Starting March 1, 2024, Venture Capital Companies must start reporting the diversity data of portfolio investments made during...
SB 43: Revised definition now includes severe substance use disorders and expanded criteria
By Alicia Macklin, Erin R. Sclar
The bill expands the circumstances under which an individual is considered gravely disabled, and therefore may be involuntaril...
AB 1633: The Housing Accountability Act
By CJ Higley, Alyssa Netto
AB 1633 allows applicants to sue local agencies that use CEQA delays to effectively disapprove, render financially infeasible,...
SB 235: New civil procedure law promotes transparency, aligns with federal law
By Arash Homampour
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
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
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: Plaintiffs might get their day in court
By Benny C. Osorio
SB 365 was designed to address this perceived injustice by providing courts with discretion to decide whether a case could pro...
SB 700: Prohibits employment discrimination for past cannabis use
By Hilary Weddell
Introduced by Sen. Steven Bradford, SB 700 adds to the existing Fair Employment and Housing Act (FEHA) prohibitions on discrim...
SB 699 and AB 1076: California enacts further prohibitions on noncompete agreements
By Benjamin R. Buchwalter
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
By Benjamin G. Shatz
Tech glitches and etiquette blunders brought some comedic relief during the pandemic, but 2023 turned more serious as concerns...
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
Supreme Court to decide whether silence is golden or fraudulent
By Jared L. Kopel
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
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
What’s to come in 2024: a look at privacy, AI, and cybersecurity matters
By Hemu Nigam
As tensions between data privacy and AI increase, companies will have to balance their data needs with privacy, cyber, and AI ...