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Government, Constitutional Law

From a law enforcement perspective, AB 793 seeks to prohibit a necessary tool for law enforcement investigations without any e...


Government, Criminal

Trump again: nobody could script this

Jun. 20, 2023
By A. Marco Turk

Which judge will finally sit in the chair overseeing the case presents a unique backdrop for its resolution.


Evidence from Trump’s lawyer in the classified documents and obstruction case may prove critical to prosecutors if admitted to...


Law Practice

The Strike! Part 1: How it started

Jun. 19, 2023
By Myron Moskovitz

The United Farm Workers Union was trying to organize orchard workers in the Yuba-Sutter area. California Rural Legal Assistanc...


Family

Cultural Divorce, Part VII: Date of separation

Jun. 19, 2023
By Abbas Hadjian

Looking at the provision for divorce under Iranian Law and Procedure provides a road map for comparison. The Iranian law recog...


Land Use, Government

Ostensibly part of the Governor's "infrastructure" plan, the bill takes aim at CEQA's disclosure requirements - particularly a...


Wills, Estates & Trusts

Revisiting the tangled rules for modification of revocable trusts

MCLE
Jun. 16, 2023
By Mark J. Phillips, Jake V. Phillips

While the process of revocation is better understood, the rules for modification under § 15402 continue to be the subject of l...


Insurance

Unfortunately, the insurance industry continues to pursue the sale of policies that rarely provide coverage. In response to th...


Entertainment & Sports

Stream It Tonight! "Rumpole of the Bailey" (1978-1992)

Jun. 16, 2023
By Paul Bergman, Michael Asimow

Gentle parody rules in this 44-episode British television criminal justice series.


Family, Criminal

The coercive control provisions of the statute provide important safeguards for victims of domestic abuse where the perpetrato...


U.S. Supreme Court, Intellectual Property

Justice Elena Kagan took greatest issue with what she characterized as the Ninth Circuit's undue expansion of the protection o...


The result of this case should be further proof that the grant of a profits interest to a lower-tier partnership, including th...


U.S. Supreme Court, Government

The Court's decision is notable for its articulation of "reckless disregard," the lowest of the FCA's scienter standards. What...


U.S. Supreme Court, Intellectual Property

Is Rogers v. Grimaldi dead? No! but ...

Jun. 14, 2023
By Bruce Isaacs

If the infringer’s use is not a primary trademark use as a commercial product to identify or distinguish source, and is instea...


Labor/Employment

Workplace fairness: a needed legislative priority

Jun. 14, 2023
By William M. Crosby

Just as objective standards of right and wrong conduct rooted in the common law are the basis of the civil and criminal codes,...


Family, Criminal

In 2020, domestic violence was redefined to encompass ‘coercive control.’ The new law significantly eased the process of obtai...


Law Practice

The Barber and Ranen emails should be viewed as an opportunity to reflect on the dismal state of civility in the legal profess...


Securities, Civil Procedure, 9th U.S. Circuit Court of Appeals

The Ninth Circuit is set to hear an appeal of dismissal of foreign securities claims for forum non conveniens.


Labor/Employment

Morris is significant because it changed the landscape of ERISA fiduciary duty law on these types of issues in a favora...


U.S. Supreme Court, Civil Rights

Preserving civil rights

Jun. 13, 2023
By Erwin Chemerinsky

It feels strange to celebrate decisions that do not change the law or provide any greater protection of civil rights than exis...


Ethics/Professional Responsibility

The Gordon court's caveat that liability would extend to a decedent's beneficiaries only when the client's intent is "c...


U.S. Supreme Court, Land Use

The Sackett opinion reinforces a recent trend focused on narrow textual readings of statutory requirements and reining ...


Law Practice, Ethics/Professional Responsibility

Lewis Brisbois did not reveal these emails out of some desire to raise awareness of racism or sexism. Like a jilted, jealous, ...


Insurance, Alternative Dispute Resolution

In most cases you should file a motion to prevent the policy limits from being mentioned in the brief to the Arbitrator. I str...


There are exceptions. Before 2021, student debt cancellation was generally considered a form of income, and therefore taxable ...


Technology, Constitutional Law

The State of Montana, through the passage of Senate Bill 0419, has found itself juggling its protection of Montanans by bannin...


Judges and Judiciary

The anatomy of settling a civil rights case

Jun. 12, 2023
By Louise A. LaMothe, Michael R. Wilner

We know the applicable law, review the District Judge’s rulings, and learn the facts. If there is bodycam footage, we get it a...


U.S. Supreme Court, Criminal

Ciminelli and Percoco are the latest chapter in a long running tug of war between the Court and prosecutors to d...


Torts/Personal Injury

Implied assumption of risk in sports activities

MCLE
Jun. 9, 2023
By Reza Torkzadeh, Allen P. Wilkinson

A defendant’s duty depends on the nature of the sport or activity and its inherent risks. A defendant has no duty to eliminate...


U.S. Supreme Court, Securities

Supreme Court limits claims for direct listings

Jun. 9, 2023
By Jared L. Kopel

In remanding the case to the 9th Circuit for further consideration, the Court dropped a tantalizing footnote suggesting that t...