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A live court reporter makes a record in realtime and typically has one or two backups to that record. This is a tested practic...


Wills, Estates & Trusts, Real Estate/Development

If an Exempt Seller has a Death Certificate in their possession which indicates there was a death on the property and they res...


Entertainment & Sports

Stream it Tonight! 12 Angry Men (1957)

Jan. 13, 2023
By Paul Bergman, Michael Asimow

A value of movies like 12 Angry Men may be to remind us that jury trials are a central aspect of American justice.


Court values real estate over reform

Jan. 13, 2023
By Michael J. Aguirre

Values expressed in 1974 Political Reform Act forgotten in 2022


Law Practice, Appellate Practice

Trial tips for a winning closing argument

Jan. 13, 2023
By Dan L. Stanford

I am constantly surprised how many defense lawyers fail to go through the verdict form in their one shot at closing argument. ...


Litigation & Arbitration

Arbitration agreements should be read as drafted

Jan. 12, 2023
By Ronald L. Zambrano

A fundamental principle of contract law is that contracts are read in favor of the party that did not draft the agreement. Giv...


Labor/Employment, Contracts, Antitrust & Trade Reg.

FTC proposed rule on employee noncompetes

Jan. 12, 2023
By Pooja S. Nair

Employers with existing non-compete clauses at the time the rule goes into effect must rescind the non-compete clause no later...


Litigation & Arbitration

Can someone sue the dead? Yes, but it’s a minefield

Jan. 12, 2023
By Daniel J. Wilson

If someone has died and owes you money, you may be entitled to relief but be careful: strict rules and procedures can kill oth...


Real Estate/Development, Land Use, Civil Rights

Unlawfully restrictive covenants must be redacted

Jan. 11, 2023
By Nicole M. Rivers, Anthony Nash

Stakeholders with actual knowledge that a deed, declaration, or governing document may contain an unlawful restrictive covenan...


Construction, Alternative Dispute Resolution

The Court of Appeals “respectfully” concluded that “if Coral Farms intended a different result, then perhaps it should have ne...


The IRS does not have the power to outvote the Tax Court or Eleventh Circuit, but it has the power to audit.


Technology, Data Privacy

Uber scrutiny of cybersecurity

Jan. 10, 2023
By Jennie Wang VonCannon

What general counsels and company leaders need to know about transparency and accountability for data breaches


Government, Data Privacy

Privacy reset

Jan. 10, 2023
By Alisa L. Chestler, Vivien F. Peaden

What employers need to know about additional rights in the California Privacy Rights Act


Wills, Estates & Trusts

Top 5 trusts and estates cases of 2022

MCLE
Jan. 10, 2023
By Ciarán O’Sullivan

There were more Trusts and Estates appellate opinions compared to the year prior. Though none had earth shattering implication...


Judges and Judiciary, California Courts of Appeal

The undead

Jan. 9, 2023
By Arthur Gilbert

l am like a fugitive from a horror movie, one of the undead. Luckily, I don’t enter the courtroom from the entrance, an unnerv...



Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals

Under a recent Ninth Circuit Court of Appeals decision, a plaintiff suing a foreign-domiciled defendant for Lanham Act violati...


Military Law, Family

Veterans issues come to family law

Jan. 9, 2023
By Eileen C. Moore

Senator Susan Talamantes Eggman was the right person at the right time for veterans in family law matters.


Litigation & Arbitration, Insurance

One of the most notable changes required by SB 1155 is the time an insurance company must be given to act on a pre-litigation,...


Judges and Judiciary, Ediscovery

California has now provided other state and federal courts, and legislative bodies, with the opportunity to consider whether t...


Wills, Estates & Trusts

A small bright line in the murky law of no contest clauses

Jan. 6, 2023
By Mark J. Phillips, Jake V. Phillips

No contest clauses come in all shapes and sizes, from a single paragraph to a dozen pages, and courts have found their enforce...


Criminal

Criminal law – looking back and looking forward

Jan. 6, 2023
By Louis J. Shapiro

At a time when conspiracy theories are running rampant, the justice system needs to be all the more deliberate and grounded in...


Government, Civil Rights

Are there limits to police interrogation techniques?

Jan. 6, 2023
By Dmitry Gorin, Alan Eisner

The admissibility of a suspect’s custodial statement, even post-Miranda invocation, depends on the totality of the circumstances.


Labor/Employment, Government

The cannabis conundrum

Jan. 5, 2023
By Christopher David Ruiz Cameron

Marijuana and the workplace in the age of legalization.


Litigation & Arbitration

Pre-litigation settlement just got a lot more demanding

Jan. 5, 2023
By David B. Ezra, Jamil Shaaban

One of the outcomes of SB 1155 is that it imposes substantive requirements on pre-litigation time limited settlement demands.


Intellectual Property

That issue is discussed at length in the recent First District Court of Appeals decision, Bader v. Johnson & Johnson et...


Law Practice, Appellate Practice

Complying with client guidelines

Jan. 5, 2023
By Shari L. Klevens, Alanna G. Clair

If law firms agree to client guidelines but do not fully consider the requirements, it could spell trouble down the road.


Law Practice, Ethics/Professional Responsibility, Appellate Practice

Get your law firm’s succession planning out of your lizard brain

Jan. 4, 2023
By Daniel O’Rielly, Dena Roche

The first step is to recognize that the Rules of Professional Conduct require you to have a succession plan in place.


Labor/Employment

New law on emergency conditions at place of employment

Jan. 4, 2023
By Eric P. Weiss, Jasmin B. Bhandari

One can easily foresee the potential issues raised by the new law, and its impact on employees and employers, as well as the c...


Government, Family

Preconception, prenatal and postnatal considerations

Jan. 4, 2023
By Reza Torkzadeh, Allen P. Wilkinson

An unborn child whose father has died due to another’s tortious conduct may bring an action for the wrongful death of that par...