U.S. Supreme Court, Intellectual Property
In Nealy, Supreme Court set to resolve circuit split on Copyright damages
By Nate Shafroth, Zoe Kaiser
Due to the significance of the Second and Ninth Circuits in copyright litigation, the existing split has raised concerns about...
Ediscovery, Alternative Dispute Resolution
Mediating E-discovery can save time and money
By Daniel B. Garrie, Gail A. Andler
While e-discovery mediation can take many different forms depending on the scale and complexity of the discovery dispute, ther...
International Law, Government
The US drug control dilemma is just another war with China
By Xinying Huang
True, China exports chemical precursors to the United States. And true, that exportation can complicate and even exacerbate th...
U.S. Supreme Court, Constitutional Law
Supreme Court examines civil asset forfeiture and due process in Culley
By Brook Dooley, Cody Gray
Practitioners should keep an eye on the case because it has the potential to make it easier for so-called “innocent owners” to...
Technology, Labor/Employment
Five ways AI will change the workplace of the future
By Jack Schaedel
Employers may see the trade-off as an opportunity to trim budgets by eliminating jobs that can be done faster and cheaper by A...
Combat, casualties, and causation: Life-saving lessons of the California Supreme Court
By Mitchell Keiter
Civilian structures lose their protected status under international law when they are used for military functions. Secretary o...
Constitutional Law, Civil Rights
Forced outing policies aren’t just harmful, they’re illegal
By Amanda Goad
Chino Valley Unified School District’s policy and other similar ones target transgender and nonbinary students, in violation o...
State Bar & Bar Associations, Ethics/Professional Responsibility
Letter: Building civility means tackling bias one complaint at a time
By George Cardona, Leah Wilson
The State Bar Board of Trustees recently approved and staff have submitted to the Supreme Court for its review several import...
Native Americans in the armed forces
By Eileen C. Moore
Native Americans, Government
Two steps toward returning ancestors and cultural artifacts to California tribes
By Bethany Sullivan
Collectively, Assembly Bills 226 and 389 represent a substantial legislative response to the shortcomings of the UC and CSU Sy...
Labor/Employment, Government
NLRB rules to broaden joint employer definition
By Krista Mitzel, Sheedeh Lytz
With the recent broadening of the joint employer definition, employers can now be liable for employees, even if they don’t dir...
Technology, Intellectual Property
The intersection of artificial intelligence and federal trademark law
By Kristin B. Kosinski
The intersection of AI and trademarks may include rights holders seeking to select marks using machine- generated output, uses...
The death of a man who followed outdated Google Map directions poses the question of whether GPS technology should be consider...
Technology, Government
Biden’s executive order sets national AI priorities and risks
By Lily Li
While this is a positive step overall, the executive order lacks detail, and delegates the majority of AI rulemaking to existi...
Immigration, Government
US must improve its immigration system, or lose its competitive edge
By Christopher Richardson
Business leaders confronted with managing growing labor shortages and low domestic workforce participation numbers feel the br...
Constitutional Law
Part IV on interpreting our Constitution: protecting Individual Rights
By Myron Moskovitz
If it ain’t broke, why fix it?
Government, Environmental & Energy
The rippling implications of stringent climate disclosure laws
By Matthew Morton, Annemargaret Connolly
California Gov. Newsom signs bills establishing corporate climate disclosure standards, while questioning the feasibility of t...
Civil Procedure
'Superior to what?' A brief explication of complication
By Benjamin G. Shatz
Today’s California court system is the largest in the United States, with some California appellate districts having larger po...
Government, Environmental & Energy
Carbon reduction claims require broad new disclosures
By Peter Hsiao, David Lang
This article provides an overview of the disclosure requirements of AB 1305, the steps companies doing business in California ...
It is redundant to refer to facts as true. It is illogical to refer to facts as false. If they are false, they are not facts. ...
Family
Part XIV: Child custody, below and above the Best Interest of Children model
By Abbas Hadjian
California considers custody of children as a matter of public policy. It is closely legislated and diligently enforced. As a ...
U.S. Supreme Court, Securities
Supreme Court tackles administrative power battle in Jarkesy
By Ryan H. Weinstein
At stake is not just the SEC’s power to enforce federal securities law in administrative proceedings, but decades of precedent...
Labor/Employment
The compliance pitfalls of the Workplace Violence Prevention Law
By Rachel L. Conn, Andrea Chavez
The new law requires virtually all employers to implement a workplace violence prevention plan by July 1, 2024, and expands th...
State Bar & Bar Associations
The State Bar has seen the atrocities, now it should say something
By Terri R. Brown
Can the State Bar of California, despite its reluctance, issue a statement condemning atrocities committed by Hamas in Israel?
There is a fundamental difference between legal resolution and emotional healing. While a court judgment or settlement may res...
Torts/Personal Injury, Letters
Higher jury verdicts reflect a better understanding of general damages
By Bruce M. Brusavich
Many trial lawyers did not see an end to fair and just jury verdicts. Instead, we realized that trial lawyers needed to stop r...
Technology, Intellectual Property, Government
The NO FAKES Act: Congress' attempt to rein in deepfakes
By Sam Roseme
What distinguishes the NO FAKES Act from many of the right of publicity statutes currently in place in various states is that ...
The appeals court noted that the trial court did not have to find that the plaintiff’s counsel’s comments or behavior directly...
Constitutional Law, Civil Procedure
Come fly with us – if it’s not moot
By Alyssa D. Bell, Martin J. Cristopher Santos
Voluntary cessation in No-Fly-List cases: Will the Supreme Court let a more lenient standard for the government fly?
Labor/Employment, Government
California passes new noncompete legislation
By Julia Y. Trankiem, Michael Pearlson
Attempting to enforce noncompete agreements within California may expose current and former employers to liability.