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Technology, Constitutional Law

The FTC’s move to expose dark patterns used by Epic Games is likely a harbinger of things to come and online merchants of all ...


International Law, Alternative Dispute Resolution

Perhaps the biggest challenge facing the industry in 2023 is whether international arbitration can adapt sufficiently to remai...


Wills, Estates & Trusts, Family

The increasing role of illiquid assets in divorce settlements (Part 1)

Feb. 28, 2023
By Leslie L. Abrigo, Barry Levine

In this first installment of a four-part series, common illiquid investments of divorcing parties will be explored. The goal i...


Intellectual Property

As it stands, there is currently no clear answer to whether AI-generated art qualifies for copyright protection.


Tax

Your own private foundation – for free!

Feb. 28, 2023
By Bruce Givner, Owen Kaye

The setup costs include completion and submission of Form 1023 to the IRS National Office. The IRS usually approves these appl...


Intellectual Property

The Copyright Office’s decision may not be the last word on the subject, but certainly the debate over creation by artificial ...


International Law

As a measure of the growth of international arbitration in California this is the second year the California Lawyers Associati...


The court rejected the "Flora-Bama" trademark owners' argument that a title is artistically relevant only when its use is n...


Insurance, Health Care & Hospital Law

Insurance considerations in maximizing medical expenses

MCLE
Feb. 27, 2023
By Reza Torkzadeh, Allen P. Wilkinson

When a plaintiff chooses to be treated outside of the available insurance plan, that person is in the same position as an unin...


Tax, Government

Tax season is upon us, but the Pink Tax is not

Feb. 27, 2023
By Rodney S. Diggs

AB 1287 is a stride forward in gender-based price discrimination, and consumers should see a big adjustment when shopping for ...


Government

Requests for public records are choking some agencies and costing taxpayers billions of dollars.


International Law, ESG, Banking

Bribery and corruption enforcement and ESG are increasingly intertwined

Feb. 24, 2023
By Stephanie Yonekura, Melissa Giangrande

As recent prosecutions led by the SEC and DOJ have shown, enforcement agencies are expanding their definition of corporate cri...


Law Office Management

Don’t forget your tie for depositions

Feb. 24, 2023
By Garth M. Drozin

If attorneys want to be taken seriously by clients, principals, and witnesses, and want to exude the type of credibility that ...


Entertainment & Sports

Cohn’s disgraceful legal career is well chronicled in both documentaries. He was a master manipulator of the press and scorned...


Law Office Management, Books

Book Review: Write You Are

Feb. 24, 2023
By William Domnarski

If in writing we kept the interests of our judicial audience in mind we would never submit the briefs and motions lawyers are ...


Criminal, Civil Litigation

Complying with the SOL in a post “revival window” world

Feb. 23, 2023
By Brian S. Kabateck, Gary Partamian

Each sex abuse claim analysis will be on a case-by-case basis, but it is important to know when or if the statute of limitatio...


Insurance, Entertainment & Sports

Feel the LOV

Feb. 23, 2023
By Frank N. Darras

The unique insurance option protecting college players off the field.


U.S. Supreme Court, Torts/Personal Injury

Fox maintains it is protected by fair reporting principles and that the statements of opinion are not legally defamatory.


Environmental & Energy, Administrative/Regulatory

Those responsible for short-circuiting the local air district’s permit process and firing up the generators are subject to fin...


Torts/Personal Injury, Health Care & Hospital Law

It is not uncommon for someone who has suffered a mild traumatic brain injury to have a “normal” CT scan or even MRI after the...


Torts/Personal Injury, Ediscovery

Even seemingly ordinary negligence cases should be investigated immediately or referred to counsel with the experience, time, ...


Litigation & Arbitration, Contracts

Delegating unconscionability to the arbitrator

Feb. 22, 2023
By Gary A. Watt, Patrick Burns

A recent decision serves as a reminder to litigants about the potential impact of specific language in arbitration clauses, an...


State Bar & Bar Associations

My participation in Blue Ribbon Commission meetings has given me the general impression that most of the members of the BRC ar...


Judges and Judiciary

JUDGING BAD GUYS. Part I: The Problem

Feb. 21, 2023
By Myron Moskovitz

Courts tend to rule against Bad Guys just because they are Bad Guys. But at the same time don't our courts go out of their way...


Letters

Limiting biases could lead to more bias

Feb. 21, 2023
By Mark B. Baer


Government

With the filing period rapidly approaching, a large crop of potential candidates is already mustering to enter the fray.


Civil Litigation

Common and brutal mistakes in taking depositions

Feb. 21, 2023
By Garth M. Drozin

Challenging the deponent: You want a deponent to loosen up, like or trust you, and talk freely, even beyond the scope of your ...


Torts/Personal Injury

Wheelstop trip-and-fall: a different type of case

Feb. 17, 2023
By Michael Shemtoub

Interestingly, the engineering community advises against wheelstops because on several occasions they fail to serve a function...



Consumer Law, Civil Litigation, Bankruptcy

Johnson & Johnson’s Texas two-step fail

Feb. 17, 2023
By Catherine E. Bauer

This was always about J&J wanting litigation advantage. This was about protecting J&J‘s brand. This was about stopping...