Technology, Intellectual Property
Do I infringe copyrights by using AI?
By Jeremy T. Elman, Lauren Silva
How did ChatGPT know that writing this article is not generally considered copyright infringement, and why did it get it wrong...
Antitrust & Trade Reg., Administrative/Regulatory
FTC chair plays the long game
By Filemon Carrillo, Sandra G. Gibbs
Lina Khan has served as the Chair of the Federal Trade Commission for just 26 months, but already some commentators have decla...
Government
California’s price gouging law could rein in big profits by big oil
By Tim LaComb
For all its good, SBx1-2 does create one potential problem: it may trigger the filed rate doctrine, which would prevent partie...
Constitutional Law, California Supreme Court
Title IX: What the Boermeester v. Carry decision means for private universities
By Alezah Trigueros
The court made the appropriate decision here because universities should be empowered to hold wrong-doers accountable, and not...
In a major shift, personal injury courts modify the linear two-step measuring tape in favor of a holistic and multi factor ana...
Constitutional Law, Civil Rights
Bypassing implicit bias training is not a First Amendment right
By Tiega-Noel Varlack
The First Amendment reads: "Congress shall make no law ... abridging the freedom of speech." But this right is not absolute an...
Judges and Judiciary, Family
Cultural Competency: Mother of all prejudices
By Abbas Hadjian
Judges recognize that some languages have tonal components that may sound rude and aggressive. Not every speaking expression i...
U.S. Supreme Court, Ethics/Professional Responsibility
The Supreme Court’s lack of candor
By Erwin Chemerinsky
In the term that ended on June 30, the Court clearly overruled precedents without saying so. The only explanation seems to be ...
Judges and Judiciary, Family
Multigenerational households in child custody cases
By Bryant Y. Yang
An argument against a child living in a multigenerational household does not account for cultural differences. For the past ce...
Torts/Personal Injury, Land Use
The legal risks for failure to comply with asbestos abatement obligations
By John J. Lormon, Cristobal Ramirez
Due to a zero-safe-exposure limit, administrative enforcement for asbestos mismanagement during construction can lead to large...
Trauma can be something that has been long standing in the client’s life, or it can be the divorce that precipitates it. The c...
Immigration, Entertainment & Sports
That counts as work? Work visa options for creatives in the entertainment field
By Benjamin C. Lau
There is a misconception that for immigration purposes, “work” requires that a person be paid for their services. While being ...
Judges and Judiciary, Government
Eleventh hour legal issues have allowed Ivette Peña to practice her poker face
By Lawrence P. Riff
As is true with all successful lawyers at the top, Ivette Pena works very long hours and is available 24/7 for the latest brea...
Class Action, California Supreme Court, Alternative Dispute Resolution
Questions remain after Adolph v. Uber Technologies, Inc. decision
By Monique Ngo-Bonnici, Jonathan Andrews
Unfortunately, the Adolph decision leaves open several unanswered questions regarding the preclusive effect of the arbi...
Many insurance companies offer disability policies, and if you buy one, it is usually out of your own pocket, which means afte...
Family, Contracts
Waiving spousal support in a premarital agreement
By Franklin R. Garfield
Last v. The Superior Court of Orange County offers little solace to a party attempting to enforce a spousal support wai...
Government
LA public defender Ricardo García has a crisis of his own making
By Garrett Miller
It’s not hyperbole to question whether LA’s public defenders will be able to meet their obligations in the coming months witho...
Government, Environmental & Energy, Construction
GODOT arrives: CEQA reform at last?
By Jeffrey P. Carlin, Megan E. Ault
Though years-long in the making, reforms to expedite judicial review of certain infrastructure projects has finally arrived.
Despite 245 years of slavery and 100 years of Jim Crow -- which ended officially in 1964 -- as well as institutional bias agai...
The challenge for the Riverside prosecutors will be whether they can convince a jury of the defendant’s intent to kill – that ...
Constitutional Law
The First Amendment guarantee of free speech is tolerant of lying, but not criminal conspiracies
By John H. Minan
Donald Trump has not been indicted for lying or falsely claiming the election was stolen. The indictment alleges that he “purs...
Law Practice, Appellate Practice
Hard work, sometimes late into the night, is what makes a trial lawyer a good one
By Michael H. Brody
Being a trial attorney does not mean you are in some exclusive club reserved only for certain persons who possess or, better, ...
Judges and Judiciary, Government
Cameras in the courtroom may be the only way to shine light on the truth
By Allan Parachini
With the impending trials of former president Donald Trump, the legitimacy of our legal institutions balances on a knife’s edg...
Health Care & Hospital Law, Civil Rights
The Henrietta Lacks settlement: A step towards rectifying historical medical injustices
By K. Chike Odiwe
Lacks’ cells were harvested in 1951, when it was not illegal to do so without a patient’s consent. However, lawyers for Lacks’...
Law Practice, Constitutional Law
An opposing party’s payment of jury fees doesn’t guarantee a right to trial
By Garret D. Murai
Constitutional issues can be thorny given the importance of constitutional rights. The lesson here though is simple: Always, a...
Torts/Personal Injury, Government, 9th U.S. Circuit Court of Appeals
Ninth Circuit provides a new look at “state-created danger” doctrine
By V. James DeSimone
Federal circuits have come up with a variety of interpretations of the state-created danger doctrine, but the Ninth Circuit re...
Labor/Employment
Social media influencers empathize, but are largely untouched by the Hollywood strikes
By Parag L. Amin
The stark contrast between the world of influencers and traditional Hollywood lies in their varying content creation and monet...
U.S. Supreme Court, Intellectual Property
Can copyright infringement damages be recovered beyond three years?
By Greg Derin
On its face, the petition for certiorari with the United States Supreme Court in Nealy v. Warner Chappell Music ...
Technology, Judges and Judiciary
Can artificial intelligence replace human judges?
By Rafael Chodos
An emotional commitment and shared aspiration is central to the law. That is something that AI cannot replace.
Alternative Dispute Resolution
The value of an appellate perspective in mediation
By Cynthia G. Aaron
Post-judgment mediations are more common than most attorneys might guess, given that one party has a victory in hand; they are...