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Technology, Constitutional Law

The Solicitor General argues that allowing for content-moderation would impermissibly allow States to “enhance their citizens’...


Environmental & Energy

The scale of the Inflation Reduction Act funding and its potential positive impact on communities is extraordinary. But many o...


Technology, International Law

AI plays a significant role in China law enforcement in prisons, where every corner is monitored.


The State Bar has entered into a public comment period through Oct. 25 on a proposal to eliminate the bar exam requirement to ...


Real Estate/Development

Hopefully, stricter lending standards since the Great Recession mean commercial real estate lenders will not realize significa...


Government, Antitrust & Trade Reg.

The federal government finally files its antitrust case against Amazon

Oct. 11, 2023
By David W. Kesselman, Amy T. Brantly

A key question that remains unanswered at this early stage: what is the end goal of the FTC’s lawsuit? The complaint generally...


Entertainment & Sports, Contracts

NIL strategies to consider in college athletics

Oct. 10, 2023
By Frank N. Darras

As it happens, new bipartisan bills addressing NIL and collectives are being introduced again in the Senate that might gain th...


Government, Administrative/Regulatory

The claim-presentation statutes impose on the normal requirements for filing timely lawsuits against defendants an overlay of ...


Expert Advice, Evidence, Construction

Paint complaint raises issue as to whether expert can be questioned on construction standard, even if not relied upon when for...


Labor/Employment

The militant labor roots of this "Striketober"

Oct. 9, 2023
By Jonathan F. Harris

Workers are now more ready to strike than they have been in recent decades. In addition, younger and more activist leaders are...


Contrary to the globalization of communication, education, and trade, there is no universal definition or acceptance of “Major...


Ethics/Professional Responsibility

Considerations for producing attorney work product in a client’s file

Oct. 9, 2023
By Alanna G. Clair, Shari L. Klevens

If the attorney determines that the request includes the attorney’s work product, properly responding to the request could bec...


Tax, Real Estate/Development

Even landlord tenant settlements have tax issues

Oct. 9, 2023
By Robert W. Wood

How could you be taxed on a legal settlement, especially on the whole 100%, when your lawyer takes 40% off the top? If that so...


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

Redistricting is too often manipulated to discriminate against communities of color, advantage one political party over anothe...


Family, Contracts

Why would the spousal support waiver be unenforceable when the rest of the prenuptial agreement is enforceable? The answer lie...


Labor/Employment, Government

SB 699 will be a much more effective tool than a lawsuit merely seeking a declaration that the noncompete clause is void, whic...


Evidence

How to do things with words

MCLE
Oct. 6, 2023
By Ashfaq G. Chowdhury

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?

MCLE
Oct. 5, 2023
By Eileen C. Moore


Health Care & Hospital Law, Administrative/Regulatory

CARE Court, an acronym for Community Assistance, Recovery, and Empowerment, aspires to help those diagnosed with schizophrenia...


Family, Criminal

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

As government agencies press affordable housing alternatives, Section 1031 may play an increasingly important role as a planni...


Technology, Administrative/Regulatory

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

Oct. 4, 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...


Evidence

Policing hearsay

Oct. 4, 2023
By Kaylen Kadotani, Gary A. Watt

Police reports are often a critical piece of discovery in many civil and criminal cases. Despite these reports being widely av...


Administrative/Regulatory

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)

Oct. 3, 2023
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

School liability for student injuries is a complicated issue. Schools owe a special relationship to their students. As the Bri...


Securities

How to tokenize your private fund

Oct. 3, 2023
By Malhar Oza

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

Oct. 3, 2023
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...


Identifying and securing work-related materials on personal electronic devices in light of new DOJ guidance.