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Land Use, Environmental & Energy

Assembly Bill 1307 exempts social noise from CEQA as a significant environmental impact and simplifies the process for univers...


Tax

Do tax issues impact mediations?

Mar. 18, 2024
By Robert W. Wood

Post-settlement disputes over taxes can occur, especially if the settlement agreement is silent or vague on tax reporting, wit...


Technology, Labor/Employment

AI and DEI programs can have significant benefits for businesses and workers, depending on how carefully they are crafted and ...


Appellate Practice

The appellate court’s job is to apply the correct law and provide justice for the parties, regardless of the lawyers’ mistakes...


Law Practice, Judges and Judiciary

Not far from Langer’s

Mar. 18, 2024
By Anthony J. Mohr

Many cases present two narratives, where no one is lying but the other side is not telling the truth. These are the cases wher...


Insurance

A recent Court of Appeal ruling could create new challenges and uncertainties for insurers, such as a chilling effect on adjus...


ADR has become a forced remedy for consumers, homeowners, and medical patients, resulting in a perversion of our judicial syst...


Intellectual Property

The Copyright Act’s termination right does not undo royalty agreements, creating an emerging trend that allows authors and the...


Data Privacy

An amendment to the FTC Safeguards Rule poses challenges and necessitates a strategic reevaluation of the data security and pr...


Labor/Employment

Avoiding a crisis: the risks of remote workers

Mar. 15, 2024
By Michele Friend

Remote work is becoming increasingly popular, with about 27% of Americans now working remotely. However, this trend comes with...


Intellectual Property

A recent trade secrets case between Applied Medical Distribution Corporation and its former employee, Stephen Jarrells, highli...


Land Use, Government, Environmental & Energy

San Francisco’s economic woes have nothing to do with CEQA

Mar. 14, 2024
By Ruby Acevedo, Douglas P. Carstens

SB 1227 would erode public health and safety standards for San Francisco residents and set a dangerous precedent for California.


U.S. Supreme Court, Evidence

The U.S. Supreme Court will hear argument in Diaz v. United States, a case that will clarify the extent to which expert...


Civil Procedure, 9th U.S. Circuit Court of Appeals

The Ninth Circuit rejected the arguments of both parties and adopted a framework specific to criminal statutes, which consider...


Constitutional Law

Can campuses be safe for students and free speech?

Mar. 14, 2024
By Michael Blacher, David Urban

Colleges and universities can avoid conflicts between free speech and anti-harassment rights, such as enforcing policies consi...


Corporate, Business Law, 9th U.S. Circuit Court of Appeals

The Ninth Circuit affirmed that an unlicensed broker could not enforce a contract to sell a business opportunity in California...


Entertainment & Sports

The best solution to the complex issues surrounding the transfer portal and the NIL rights is federal legislation that can pro...


Admiralty/Maritime, 9th U.S. Circuit Court of Appeals

The Ninth Circuit had to decide whether a statute that prohibits liability waivers for vessels transporting passengers between...


In a case of first impression, the 1st District Court of Appeals in California determined that a project owner’s claim for liq...


The new theory suggests that insider trading violations cover individuals who trade a company’s securities, not based on nonpu...


Torts/Personal Injury

A refresher on Dram Shop liability

MCLE
Mar. 12, 2024
By Reza Torkzadeh, Allen P. Wilkinson

California follows the common law rule that the sale or furnishing of alcoholic beverages to an intoxicated person is not the ...


U.S. Supreme Court

Unanimous, but wrong

Mar. 12, 2024
By Erwin Chemerinsky

The Supreme Court’s decision was unjustified based on the text and the original meaning of the Constitution and undermined the...


Alternative Dispute Resolution

The failure factor in successful trust mediation

Mar. 12, 2024
By John H. Sugiyama

Trial can be an instrument of mediation, as it creates pressure and incentives for parties to negotiate and settle.


The Racial Justice Act only applies to cases where there is evidence of exhibited bias, not implicit bias, and the appellate c...


Military Law

The women who served in Vietnam

Mar. 11, 2024
By Eileen C. Moore

There were 2.8 million Americans who served in Vietnam; 10,000 of them were women.


Ediscovery, Civil Litigation

Cards on the table: California’s new mandatory discovery regime

Mar. 11, 2024
By Hannibal Huntley, Andrew Browning

SB 235 aims to improve efficiency and judicial economy by requiring parties to disclose relevant information early in the liti...


Wills, Estates & Trusts

RON is useful for real estate and business transactions, but not for estate planning, which requires more careful verification...


Corporate, Constitutional Law

Fifth Circuit renews controversy over Nasdaq board diversity initiative

Mar. 11, 2024
By Teresa L. Johnson, Sean M. Selegue

The Nasdaq rule does not require boards to have a minimum number of “diverse” directors (as do the California laws), but inste...


Health Care & Hospital Law

Health equity initiatives are not only moral imperatives, but also increase precision in health outcomes and mitigate legal ri...


U.S. Supreme Court, Labor/Employment

PAGA returns to the US Supreme Court

Mar. 8, 2024
By Felix Shafir, Peder K. Batalden

The U.S. Supreme Court may either defend or revisit Viking River’s dismissal rule and decide whether California courts must ho...