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Real Estate/Development

In Ramirez v. PK, the 1st District Court of Appeal ruled that the Privette doctrine is inapplicable in landlord-tenant ...


The candidates’ vote shares varied significantly across the county, reflecting the demographic, economic, and political differ...


Redefining the dating relationship

Apr. 5, 2024
By Scott J. Nord, Nicole You

What does it mean to be dating someone? What does it mean to be in a relationship with someone? And is there a difference?


If Senate Bill 1137 is passed, California would become the first state in the nation to recognize intersectionality in discrim...


Labor/Employment

Nothing lasts forever, not even arbitration agreements

Apr. 5, 2024
By John-Paul S. Deol

A recent decision sets a significant precedent that could reshape employment arbitration law in California and requires legal ...


Ethics/Professional Responsibility

Identifying and screening conflicted non-attorney staff

MCLE
Apr. 5, 2024
By Shari L. Klevens, Alanna G. Clair

Hiring due diligence and effective screening measures, such as segregation and restrictions on access to confidential informat...


Environmental & Energy

Conservation groups, led by Wilderness Watch, have sued the National Park Service to halt two projects that aim to regenerate ...


Litigation & Arbitration

There’s no crying in baseball or arbitrations

Apr. 4, 2024
By Thomas A. Kearney

After losing in arbitration and assigning a client’s bad faith claim to the plaintiffs - who sued the insurer and obtained a l...


International Law, Corporate

China’s foreign direct investment landscape is evolving and there is a potential for resilience and growth through proactive p...


Entertainment & Sports

NCAA’s legal and existential dilemmas

Apr. 4, 2024
By Frank N. Darras

The NCAA’s interim NIL rules are under legal scrutiny, and the association is unable to enforce its own policies.


Insurance

A recent case in California highlights the potential for coverage under a Directors and Officers (D&O) policy for computer...


Tax

IRS Form 1099 playbook

Apr. 3, 2024
By Robert W. Wood

IRS Forms 1099 are important tax forms for lawyers and clients, as they report income and allow computer matching of Social Se...


Intellectual Property

The Thousand Talent Program (TTP) is an initiative by the Chinese government to recruit foreign experts in fields that China c...


Ethics/Professional Responsibility

Rule 8.3 of the California Rules of Professional Conduct requires lawyers to report misconduct by other lawyers, but it may co...


Government, Alternative Dispute Resolution

The bill raises concerns about the ethical dilemmas faced by mediators, particularly when they witness attorney misconduct. Pr...


Judges and Judiciary, Appellate Practice

Predicting appellate outcomes based on the panel

Apr. 2, 2024
By Benjamin G. Shatz

Two recent studies examine how the personal and professional backgrounds of appellate judges affect their decisions on the sta...


Deported veterans often cannot access the health care and disability benefits they are entitled to from the VA, either because...


Judges and Judiciary

April Showers

Apr. 1, 2024
By Arthur Gilbert

California and other state legislatures are working to improve the intelligibility of legislation by limiting sentences to 25 ...


Appellate Practice

Many cases do not have a strong enough argument or trial court record to have a decent chance of winning. Appellate lawyers pr...


The Kansas State Young Americans for Freedom sought access to DEI funds, by twice citing an article by Mark B. Baer as a reaso...


Jury service can be traumatic

Apr. 1, 2024
By Laura W. Halgren

Jurors may be exposed to disturbing testimony or evidence that can cause secondary trauma. Some courts offer counseling servic...


Historically, firing an officer has not been straightforward as even serious misconduct cases have not led to termination.


Constitutional Law

Is a taking based on pretext constitutional?

Mar. 29, 2024
By Michael M. Berger

In Brinkmann v. Town of Southold, the Second Circuit ruled that the taking of private property for a passive park was a...


Real Estate/Development, Contracts

Lawyers Preventing Homelessness

Mar. 29, 2024
By Adam Murray

Surveys find that between 11% and 45% of people experiencing homelessness report eviction as a primary cause of their homeless...


Antitrust & Trade Reg.

The European Commission has forced Apple to allow iPhone users to directly download apps from the web and install other app st...


Real Estate/Development, Antitrust & Trade Reg.

Changes are coming, but real estate commissions may stay the same

Mar. 28, 2024
By Tyler E. Sanchez, Marius Mateescu

The settlement includes practice changes that decouple the buyer’s commission payment from the sale of a home listed on NAR-af...


Civil Procedure

Turning down reasonable 998 offers can be costly

MCLE
Mar. 28, 2024
By Arash Homampour

Section 998 offers can be used strategically to evaluate the strengths and weaknesses of cases, but they can also be used for ...


Law Practice

Discover the power of empathy as the foundation of client-centricity, the critical role of effective communication in forging ...


Contracts

The City of Los Angeles can and should use the California Unfair Competition Law to sue the individuals or companies who resel...


Cannabis

California’s cannabis law leaves law enforcement agencies in a haze

Mar. 27, 2024
By Geoffrey S. Sheldon, Emanuela Tala

Unless and until SB 1264 or a similar bill is passed it appears that public safety officers are generally free to use marijuan...