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Law Office Management, Ethics/Professional Responsibility

Moving offices: can you throw out old files?

Mar. 16, 2023
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.


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

Mar. 16, 2023
By Alexis S. Coll, Jennifer Fisher

Given the pervasiveness of illegal cannabis operations throughout California, the Court's upcoming decision in Wheeler ...


Government

There is considerable academic debate over whether corporate political activism has any effect on bottom lines, with some rese...


Government

Commutations provide important checks and balances

Mar. 15, 2023
By Matthew Barhoma

Few other governors have been as deferential to the parole board as Gov. Gavin Newsom.


Labor/Employment, Antitrust & Trade Reg.

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

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

This case - Braverman v. BMW of North America - is an interesting, but narrow case on how the 9th Circuit handles non-m...


Technology, Criminal

The People vs. ChatGPT?

Mar. 14, 2023
By Joseph A. Rillotta, Joshua M. Robbins

Can an AI program commit a fraud? Can it get its human overseers in trouble?


Judges and Judiciary

On Judgments

Mar. 14, 2023
By Robert Olson

Meinhardt v. City of Sunnyvale highlights the confusion in California law as to what is or is not a judgment.


Letters

Law school name change should not be retroactive

Mar. 14, 2023
By Kris Whitten


Health Care & Hospital Law, Government

Our laws must catch up with the rise in fertility clinic misconduct

Mar. 14, 2023
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...


Judges and Judiciary

Sealing, Redux

Mar. 13, 2023
By Curtis E.A. Karnow

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?

Mar. 13, 2023
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

Mar. 13, 2023
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

Next month, the Supreme Court will consider whether a direct listing on an exchange eliminates the need for a claim under the ...


Tax

Californians get more tax relief

Mar. 13, 2023
By Phil Jelsma

While it may be too late to achieve tax relief this year, many investors, business owners and their counsel will be heartened ...


Education Law

The University of California’s loyalty oath fight

Mar. 10, 2023
By John S. Caragozian

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

Mar. 10, 2023
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

MCLE
Mar. 10, 2023
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

Mar. 10, 2023
By Natalie F. Price

Timing considerations for Rule 68 offers when summary judgment is pending.


Government

Exploding vocabulary

Mar. 10, 2023
By Michael M. Berger

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)

Mar. 10, 2023
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

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

First, avoid arguing with the client and trying to give the client insight into their own problematic behavior. You may be cor...


Military Law

Women veterans . . . often overlooked

Mar. 9, 2023
By Eileen C. Moore

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

Mar. 9, 2023
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

Ethical considerations after the opinion in Pebley v. Santa Clara Organics, Inc. must be looked at by the California St...


Law Practice, Appellate Practice

Turning molehills into anthills

Mar. 8, 2023
By Yisrael Gelb

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...