Labor/Employment, Government
California sinks its teeth into noncompete agreements prohibition
By Burton E. Falk
SB 699 will be a much more effective tool than a lawsuit merely seeking a declaration that the noncompete clause is void, whic...
Verbal acts are generally not hearsay because these statements have actual effects and are therefore generally not introduced ...
Constitutional Law
Who gets to punish members of the National Guard?
By Eileen C. Moore
Health Care & Hospital Law, Administrative/Regulatory
What is CARE Court and how can it help those with mental health issues?
By Megan A. Moghtaderi
CARE Court, an acronym for Community Assistance, Recovery, and Empowerment, aspires to help those diagnosed with schizophrenia...
Family, Criminal
Why lawyers make great advocates for the families of missing children
By M. Cris Armenta
Contrary to what we see on television, there is no waiting period to report a missing person. This includes a child that is il...
Tax, Real Estate/Development
Section 1031 may help affordable housing gain momentum
By Phil Jelsma
As government agencies press affordable housing alternatives, Section 1031 may play an increasingly important role as a planni...
Technology, Administrative/Regulatory
Net neutrality, previously sidelined by its foes, has a new friend at the FCC
By Don R. Dennis Jr.
The FCC and net neutrality have not always been friends. They have had good years and bad years that seem to coincide with whe...
California Supreme Court
California Supreme Court Review: September 2023
By Andrew S. Ong, Ariel E. Rogers
Recent decisions have expanded potential liability under the California Unfair Competition Law and the California Fair Employm...
Police reports are often a critical piece of discovery in many civil and criminal cases. Despite these reports being widely av...
Administrative/Regulatory
#MeToo movement induces contemporary revisions to EEOC Harassment Guidance
By Landon R. Schwob
The Proposed Guidance expresses official agency policy and explains how those laws and regulations apply to specific workplace...
Judges and Judiciary, Ethics/Professional Responsibility
Queasy as ABC (Appellate Bias Committee)
By Benjamin G. Shatz
Raising issues of judicial or court bias is understandably uncomfortable, especially for those who have to continue to live an...
Torts/Personal Injury
Assessing a school's liability when the school bus doesn't show up
By Michael E. Rubinstein
School liability for student injuries is a complicated issue. Schools owe a special relationship to their students. As the Bri...
A legal framework to tokenize private fund products helping fund managers to improve on operational efficiencies, provide incr...
Labor/Employment, Contracts
WGA and producers end 148-day strike with historic agreement
By Anthony Glukhov, Laura LaBrecque
Did the perfect storm of general labor changes, economic distress, and a protracted strike create fair winds for the WGA to re...
Don't take it personal, but that device you're using for work isn't confidential
By Sheila A.G. Armbrust, Ankur Shingal
Identifying and securing work-related materials on personal electronic devices in light of new DOJ guidance.
Many decades ago, judges were more guarded about who they truly were as human beings. Today most are more willing to reveal th...
U.S. Supreme Court
Part II on interpreting our Constitution: the voters vs the judges
By Myron Moskovitz
Maybe Plato had a point – democracy is pretty good, but once in a while it gets out of hand, and nine old wise guys and gals a...
U.S. Supreme Court, Government
U.S. Supreme Court needs to consider Trump’s eligibility
By John H. Minan
An urgent public interest exists in the U.S. Supreme Court resolving the uncertainty and controversy about whether Trump is el...
Law Practice
Demeanor evidence is not always credible or accurately interpreted
By Mark B. Baer
It is true that body language and other forms of nonverbal communication have meaning. I am unaware of anyone who disputes suc...
After Ruth died, Christopher Scalia shared the story of an encounter between his father and a fellow judge years earlier in Ju...
A unique attribute of our justice system
By David Rosenberg
Only one nation – the United States of America – allows jury trials in the vast majority of civil cases.
State bill that protects against abusive litigation adds muscle to anti-SLAPP law
By Mark Goldowitz
SB 345 is the latest of a series of measures passed by the Legislature recently seeking to protect Californians from the overr...
Destroy the records, destroy the corporate veil
By Marisa B. Miller, Kevin Chang
California Court Of Appeal rules that manager’s destruction of company records supports finding of unity of interest sufficien...
SpaceX wields the Constitution against the government
By Liliana Gallelli, Esq.
The SpaceX countersuit claims that it has a constitutional right to have the case heard in an “Article III” court and calls fo...
The Don on Trial
By C. Joseph Greaves
Although separated by nearly ninety years, the parallels between the Trump and Lucania prosecutions are many, and if you squin...
New law bolsters tenant displacement safeguards
By Julia Wobbe, Joseph Tobener
The expansions in Senate Bill 567 collectively create a more encompassing and equitable framework for tenant rights and afford...
Law Practice
Networking strategies for lawyers: cultivating connections for business growth
By George Brandon
Effective networking isn't about amassing a vast number of business cards or attending countless events--it's about cultivatin...
Administrative/Regulatory
What your foreign national client needs to know about visas
By Greg Berk, Christine Doyle
Foreign national clients are often confused about their visa options and durations for staying in the U.S., with some cases su...
Administrative/Regulatory
Pandemic loan fraud prosecutions shine spotlight on rushed rollout
By Christine Adams
From the start, the PPP loan program was destined for problems. Speed was prioritized over security, and conscious choices wer...
Securities, Administrative/Regulatory
New SEC rules create industry chaos
By Sara L. Terheggen
While the industry watches and waits for the outcome of the lawsuit filed by six trade associations against the SEC, private f...