Criminal, Constitutional Law
Prosecutors tend to remain silent about victims’ right to counsel
By Antonio R. Sarabia II
Although Penal Code section 679.026(b) requires that victims be told of their right to counsel, it does not specify who must t...
Technology, Government
Planting the seeds of oversight: promise and perils on the path to AI accountability
By Colin S. Levy
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
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...
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
By Christopher Rosario
Understanding the limitations on government employees’ speech is essential to maintaining the integrity of government institut...
Health Care & Hospital Law, Government
Medicare and pharma must agree on drug prices – or face penalties
By John H. Minan
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
Jerky behavior in Snoeck v. Exaktime sparks negative lodestar multiplier
By Benjamin T. Ikuta
Now, every prevailing plaintiff’s attorney can expect to see defense counsel comb through every email and correspondence in th...
Legal Education, Criminal
A 1916 bombing and “America’s Most Famous Prisoner”
By John S. Caragozian
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
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
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
Agree-to-disagree approach hinders conflict resolution
By Mark B. Baer
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
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 murky waters where state law and federal maritime law converge
By Nicholas J. Neidzwski
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
When the bedbugs start biting, I start fighting
By Brian Virag
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
California lawmakers approve new employment and procedural laws for 2024
By Kristina M. Launey
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
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
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
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
First Amendment and trademark registration: Vidal v. Elster argument preview
By Conor Tucker
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
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
The power of persuasion and enhancing client communication
By George Brandon
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
Governor signs 3 cannabis bills to disrupt illicit market and address worker exploitation
By Shay Aaron Gilmore
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
Murray v. UBS Securities, LLC - SOX retaliation burden-shifting will likely not shift
By Shannon H.P. Ward
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
Developers and city planners will be watching this case closely
By Ritchie Vaughan
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
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
CARE Court will become a path toward institutionalization
By Debra Roth
California must invest in community mental health services and housing – with input from people with lived experience of menta...
Technology, Communications Law
Will the FCC finally win the network neutrality ping pong match?
By Anita Taff-Rice
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
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
Wildfires spark challenges within the insurance market
By Chinye Uwechue
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
By Dariush Adli
Contributory trademark infringement based on willful blindness requires actual knowledge.