Law Office Management, Ethics/Professional Responsibility
Moving offices: can you throw out old files?
By Alanna G. Clair, Shari L. Klevens
In deciding how long to keep documents, many attorneys consider the statute of limitation applicable to legal malpractice claims.
Communications Law
FTC likely to issue 6(b) orders to social media companies regarding deceptive advertising
By Jeffrey M. Dennis
When the FTC sought information from the top social media and video streaming platforms, it was simply the next step in the ev...
California Supreme Court, Administrative/Regulatory
California Supreme Court Review: February 2023
By Alexis S. Coll, Jennifer Fisher
Given the pervasiveness of illegal cannabis operations throughout California, the Court's upcoming decision in Wheeler ...
Government
Shareholders demanding that PAC contributions align with corporate values
By Leslie Stern, Michael Dark
There is considerable academic debate over whether corporate political activism has any effect on bottom lines, with some rese...
Few other governors have been as deferential to the parole board as Gov. Gavin Newsom.
Labor/Employment, Antitrust & Trade Reg.
FTC faces criticism of Non-Compete Clause Rule, prepares for legal challenges
By Brette Tannenbaum
A threshold question likely to be presented by any such challenge is whether the FTC can make rules to regulate business pract...
Government, Civil Rights
Punishing doctors for going against scientific consensus is unconstitutional
By Jenin Younes
AB 2098 targets pure speech by explicitly applying to advice. If it were meant only to regulate conduct, there would have been...
Expert Advice, Consumer Law
It still does not take an expert to testify about a vehicle’s defective design
By Rebecca Gilliland
This case - Braverman v. BMW of North America - is an interesting, but narrow case on how the 9th Circuit handles non-m...
Can an AI program commit a fraud? Can it get its human overseers in trouble?
Meinhardt v. City of Sunnyvale highlights the confusion in California law as to what is or is not a judgment.
Health Care & Hospital Law, Government
Our laws must catch up with the rise in fertility clinic misconduct
By Rob Marcereau, Benjamin T. Ikuta
The increase in fertility clinic misconduct not only puts patients at risk, but also undermines the public’s trust in the indu...
Lawyers don’t care much about sealing, because it’s easier to just agree documents are confidential to expedite discovery. Jud...
U.S. Supreme Court, Intellectual Property
A circuit split in copyright law: Will the Supreme Court resolve it?
By Kenneth M. Trujillo-Jamison
Given a circuit split, plaintiffs seeking to recover for infringements occurring more than three years from suing currently ha...
International Law, Intellectual Property
When it comes to trademarks, think globally
By Dana Brody-Brown
We’ve all heard the stories of major brands engaging in costly litigation or settlements to preserve their right to use an est...
Securities
Supreme Court to consider relaxing barrier to securities suits
By Jared L. Kopel
Next month, the Supreme Court will consider whether a direct listing on an exchange eliminates the need for a claim under the ...
While it may be too late to achieve tax relief this year, many investors, business owners and their counsel will be heartened ...
The major concern was that the oath threatened tenure, generally defined as a right to continued employment during good behavi...
International Law
Ending Russian/Ukraine hostilities: Peace must be brokered
By Joseph F.C. DiMento
Ending Russian/Ukraine hostilities: demilitarized zones, international funds, and the benefits of time consuming international...
Ethics/Professional Responsibility
Trauma-informed lawyering is our professional responsibility
By Brenda Star Adams, Sarah Abraham
The neurobiology of trauma is an established science, despite often being cast as junk science. Representing a client who has ...
Law Practice, Appellate Practice
How to avoid undermining your Rule 68 offer
By Natalie F. Price
Timing considerations for Rule 68 offers when summary judgment is pending.
Allegedly conspiring with a gang of local thugs to keep unwanted strangers out of town and concluding that such a conspiracy r...
Entertainment & Sports
Stream it Tonight! The Young Philadelphians (1959)
By Paul Bergman, Michael Asimow
A lawyer's clever attempt to trick a witness is the highlight of many courtroom movies, and so it is in The Young Philadelphians
Government, Constitutional Law
Pending-license, construction company not subject to B&P Code 7031
By Garret D. Murai
Manela v. Stone, 66 Cal.App.5th 90 (2021), is the latest case to highlight the nuances of Business and Professions Code sectio...
Alternative Dispute Resolution
Best tips for avoiding and handling client disputes
By Bill Eddy
First, avoid arguing with the client and trying to give the client insight into their own problematic behavior. You may be cor...
Women veterans have come a long way. At least there’s now an infrastructure in place with various entities on the lookout for ...
Law Practice, Appellate Practice
Let’s be more careful with our words
By Garth M. Drozin
As attorneys, we have an opportunity, and perhaps a moral obligation, to use correct words and phrases, whether on the job or ...
Torts/Personal Injury, Insurance, Health Care & Hospital Law
Out of network medical costs could add insult to plaintiff’s injuries
By James Grafton Randall
Ethical considerations after the opinion in Pebley v. Santa Clara Organics, Inc. must be looked at by the California St...
Entrepreneurship comes with a lot of self-doubt. When I perceive the world through ”if only,” my molehills become mountains. B...
Among other things, this means that eligible taxpayers will also have until Oct. 16 to make 2022 contributions to their IRAs a...