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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.


Ethics/Professional Responsibility


Criminal, Constitutional Law

The strategic question for criminal defense attorneys is, how long can we delay cases while we wait for the courts to strike d...


Government, Alternative Dispute Resolution

SB 365 could potentially lead to parallel proceedings, where the main dispute continues in court while the appeal on the defen...


U.S. Supreme Court, Constitutional Law

What to know about Culley v. Marshall

Oct. 24, 2023
By Conor Tucker

Respondents express concern that, under Mathews, a host of new procedural questions would arise, forcing federal courts to “mi...


U.S. Supreme Court, Administrative/Regulatory

Future litigants may not see dramatic changes to the existing SOX retaliation claim framework from Murray, and further ...


Entertainment & Sports, Contracts

Many of our current legislators across America were former college athletes now living back home with enormous college stadium...


Judges and Judiciary

Your son needs to know that his dad was a hero

Oct. 24, 2023
By Lawrence P. Riff

An open letter to the widow and son of murdered Family Law Judge Andrew Wilkinson of Hagerstown, Maryland.


Letters, Ethics/Professional Responsibility

Addressing misconceptions and practical application under Rule 8.3

Oct. 24, 2023
By George Cardona, Erika Doherty

Every other jurisdiction has in place a version of American Bar Association Model Rule 8.3, and California’s rule includes the...


Technology, Intellectual Property

Because of the way that streaming services compensate artists, there is a real concern that a flood of AI-generated content wi...


Environmental & Energy, Administrative/Regulatory

Practical advice for companies preparing for California’s new emissions laws

Oct. 23, 2023
By David A. Niemeyer, Blake H. Bainou

While SB 253 and SB 261 are similar to the Securities and Exchange Commission’s (SEC) proposed emissions disclosure rules that...


State Bar & Bar Associations, Ethics/Professional Responsibility

Part 2 – Internal and external threats

Oct. 23, 2023
By Jennifer Stalvey

The most common ways your Client Trust Accounts may be compromised from both internal and external sources, and how to help pr...


Technology, Expert Advice

How AI technology is transforming the legal landscape and holding unsavory experts accountable.


Alternative Dispute Resolution

Is arbitration truly cost-effective?

Oct. 23, 2023
By Tricia A. Bigelow

Arbitration may not be perfect, but it can provide significant value to litigants and the judicial system overall, taking burd...


Torts/Personal Injury

Uber wanted to put the brakes on sexual assault multidistrict litigation. Instead, a judicial panel transferred 13 cases to th...


Government, Criminal

Stop blaming the smash and grabs on Prop 47

Oct. 20, 2023
By Eugene M. Hyman

State legislators approved a bill in 2020 shortening the length of probation in most misdemeanor cases. It is this law – not P...


Family, Criminal

Discarding the reasonableness standard in DVROs muddies the process

Oct. 20, 2023
By Stephanie I. Blum, Timothy D. Reuben

Domestic violence restraining orders based on disturbing emotional calm should be subject to a reasonableness standard.


Tax

Is this week’s IRS extension a double mulligan?

Oct. 20, 2023
By Robert W. Wood

Apart from the tax filing and payment delays, there are other tax benefits too. Individuals and businesses in a federally decl...


Letters

One has to wonder if China truly protects its prisoners

Oct. 20, 2023
By William Slomanson

In 2022, a McMaster University health report stated that “China is the only country in the world to have an industrial-scale o...


How did this well-publicized gang operate for so many years with impunity? The likely answer is that the District Attorney nev...


Alternative Dispute Resolution

Why not use an AI mediator?

Oct. 19, 2023
By David B. Coher

Mediation is not solely a technical or procedural process; it is deeply rooted in human interactions and the ability to empath...


U.S. Supreme Court, Constitutional Law, Civil Rights

SCOTUS should preserve tester standing under the ADA

Oct. 18, 2023
By Raymond A. Wendell

Because of the widespread fixation on serial litigation, a decision against Laufer would threaten not just avowed tester plain...


State Bar & Bar Associations, Letters

Portfolio Bar Exam: facts vs. fiction

Oct. 18, 2023
By Claire M. Solot

Legal aid organizations support the PBE, as it will help them recruit new staff attorneys, increase their capacity to serve th...


State Bar & Bar Associations, Ethics/Professional Responsibility

Rule 8.3 has the right intent, and one must not fault the powers that be for trying to take a meaningful step to curb unethica...


U.S. Supreme Court, Alternative Dispute Resolution

The issue might sound like a geeky question of statutory interpretation, but it has substantial real-world implications for wo...