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Criminal, Constitutional Law

Although Penal Code section 679.026(b) requires that victims be told of their right to counsel, it does not specify who must t...


For now, President Biden’s executive order lays a promising foundation for AI oversight, but lacks the enforcement teeth to co...


Wills, Estates & Trusts, California Courts of Appeal

Appellate ruling limits appearances by trustees and executors in pro per

MCLE
Nov. 2, 2023
By Mark J. Phillips, Jake V. Phillips

The recent case of Sanchez v. Peralta (filed 8/9/23, Sixth Appellate District) brings new clarity to the ability of fid...


Intellectual Property

Navigating the innovation maze

Nov. 2, 2023
By Puya Partow-Navid

Opting for patents or trade secrets for your intellectual property come with distinct legal implications and protective scopes.


Government, Constitutional Law

Balancing free speech and government interests

Nov. 2, 2023
By Christopher Rosario

Understanding the limitations on government employees’ speech is essential to maintaining the integrity of government institut...


Health Care & Hospital Law, Government

The heavy penalties for noncompliance have been labeled “extortion” by Pharma. They have also been called “turning up to a fig...


Ethics/Professional Responsibility, California Courts of Appeal

Now, every prevailing plaintiff’s attorney can expect to see defense counsel comb through every email and correspondence in th...


Legal Education, Criminal

In 1932, U.S. President Herbert Hoover established the federal Wickersham Commission to investigate law enforcement in the U.S...


Constitutional Law

California won’t dodge gun-ownership historical analysis

Nov. 1, 2023
By Dmitry Gorin, Alan Eisner

California may have good public policy arguments for banning the most commonly-owned types of rifles in the country, or all gu...


Torts/Personal Injury, Labor/Employment

Employers win in "take-home" COVID era

Nov. 1, 2023
By Jonathan J. Brown, Antwoin Wall

In California, following Kuciemba v. Victory Woodworks, Inc., the law on "take-home COVID" has been settled: Employers ...


Law Practice, Alternative Dispute Resolution

Discussions on “agreeing to disagree” by Deborah Enix-Ross and James Gray Robinson in the American Bar Association underscore ...


U.S. Supreme Court, Government, Appellate Practice

Maximizing education benefits to honor servicemen: post-Rudisill

Oct. 31, 2023
By Antoinette Naddour, Brendan Ford

A recent court case threatens the ability to aggregate educational benefits under the Montgomery GI Bill and the Post-9/11 GI ...


U.S. Supreme Court, Admiralty/Maritime

The U.S. Supreme Court should seize the opportunity to adopt the Restatement with respect to maritime contracts.


Torts/Personal Injury, Law Practice, Civil Litigation

After losing more trials than I would ever admit and running the business literally into the ground, someone reached out to me...


Litigation & Arbitration, Labor/Employment

At the top of employers’ minds are bills that impact the validity of non-compete agreements (reaching beyond state lines), inc...


Litigation & Arbitration, Evidence

Last words: On dying declarations

MCLE
Oct. 30, 2023
By Ashfaq G. Chowdhury

The voice from beyond the grave – it’s not just a trope in Stephen King, but is also codified as a hearsay exception, and has ...


Technology, Intellectual Property

Generative AI must account for artists’ rights of publicity

Oct. 30, 2023
By Douglas L. Johnson, Daniel B. Lifschitz

The discourse surrounding generative artificial intelligence tools, including those that imitate celebrities’ vocals, has prim...


State Bar & Bar Associations, Ethics/Professional Responsibility

Part 3 – Money laundering and other illegal activity

Oct. 30, 2023
By Jennifer Stalvey

There are steps you can take to proactively protect yourself from clients seeking to exploit you and your CTA for nefarious pu...


U.S. Supreme Court, Intellectual Property, Constitutional Law

Although Elster’s constitutional challenge is only as-applied, the decision could impact applications to register names of any...


Litigation & Arbitration, Civil Procedure, Civil Litigation

“New-clear” verdicts – don’t blame the jurors

Oct. 27, 2023
By P. Christopher Ardalan

It’s easy for the defense to see large verdicts as the result of vindictive, angry jurors. But this ignores the fundamental co...


Law Practice, Expert Advice

In the intricate realm of law, communication is more than words; it’s a tool that can shape outcomes, foster trust, and drive ...


Government, Cannabis, Administrative/Regulatory

These three cannabis bills are meant to encourage participation in, and the lawful operation of, the licensed market by increa...


U.S. Supreme Court, Securities, Civil Procedure, Appellate Practice

Under the Sarbanes-Oxley Act of 2002, must a whistleblower prove his employer acted with "retaliatory intent" as part of his c...


U.S. Supreme Court, Land Use, Constitutional Law

In September, the U.S. Supreme Court said it will consider expanding the Nollan/Dolan test for exactions on legislative...


Litigation & Arbitration, Law Practice, Ethics/Professional Responsibility

Lessons learned from classic fictional attorneys

MCLE
Oct. 26, 2023
By Joanna L. Storey Mishler

We set the stage with examples of how fictional attorneys handled a thorny issue, and then broke down how the attorney got it ...


Health Care & Hospital Law, Government, Civil Rights

California must invest in community mental health services and housing – with input from people with lived experience of menta...


Technology, Communications Law

While the California Net Neutrality law has been widely viewed as the toughest law legislation in the country, complaints must...


Intellectual Property, Constitutional Law

Physical takings under copyright law

Oct. 25, 2023
By Michael M. Berger

Demanding the physical surrender of private property to the government when there was no quid provided for this quo ran afoul ...


Insurance, Contracts

There is no easy solution and there are competing interests creating a constant political “tug of war.” Only time will tell ho...


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

Turning a blind eye to trademark infringement

Oct. 25, 2023
By Dariush Adli

Contributory trademark infringement based on willful blindness requires actual knowledge.