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Technology, Intellectual Property

Do I infringe copyrights by using AI?

Aug. 17, 2023
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

Aug. 17, 2023
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...


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

The court made the appropriate decision here because universities should be empowered to hold wrong-doers accountable, and not...


Torts/Personal Injury

Does size matter in government tort liability?

Aug. 16, 2023
By Yisrael Gelb

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

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

Aug. 15, 2023
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

Aug. 15, 2023
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

Aug. 15, 2023
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

Aug. 15, 2023
By John J. Lormon, Cristobal Ramirez

Due to a zero-safe-exposure limit, administrative enforcement for asbestos mismanagement during construction can lead to large...


Family

Manifestations of trauma in the courtroom

Aug. 15, 2023
By Linda Bortell

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

There is a misconception that for immigration purposes, “work” requires that a person be paid for their services. While being ...


Judges and Judiciary, Government

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

Aug. 14, 2023
By Monique Ngo-Bonnici, Jonathan Andrews

Unfortunately, the Adolph decision leaves open several unanswered questions regarding the preclusive effect of the arbi...


Tax

Taxing disability pay and settlements

Aug. 14, 2023
By Robert W. Wood

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

Aug. 14, 2023
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

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?

Aug. 11, 2023
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.


U.S. Supreme Court

SCOTUS ushers in a new era of segregation

Aug. 11, 2023
By William W. Bruzzo

Despite 245 years of slavery and 100 years of Jim Crow -- which ended officially in 1964 -- as well as institutional bias agai...


Criminal

One pill can kill but jury must decide if it's murder

Aug. 11, 2023
By Terrence M. Jones

The challenge for the Riverside prosecutors will be whether they can convince a jury of the defendant’s intent to kill – that ...


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

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

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

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

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

Federal circuits have come up with a variety of interpretations of the state-created danger doctrine, but the Ninth Circuit re...


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

On its face, the petition for certiorari with the United States Supreme Court in Nealy v. Warner Chappell Music ...


Technology, Judges and Judiciary

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

Aug. 9, 2023
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...