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Government, Banking

Just as the SEC has been wrangling securities rough riders, the CFTC has been actively rounding up commodities violators.


Law Practice, Appellate Practice

Assuming you determine you cannot exclude an expert’s testimony, your next effort can be to attempt to weaken the foundation o...



Real Estate, Government

The 24th & Hoffman court was unpersuaded by either Saarman or Conway, declining to follow those non-binding cases.


Native Americans, Family

Placement with extended family and other caregivers identified by the Indian child’s Tribe maintains a network of familiar rel...



Only a few cases are brought to trial, and the average settlement for injuries due to a slip and fall on land owned or possess...


While there are plenty of defense organizations that do a great job disseminating information and bringing defense lawyers tog...



Law Practice, California Supreme Court, Appellate Practice

In Siry Investment, I.P. v. Farkhondehpour, S262081, the California Supreme Court determined that a plaintiff may seek treble ...


Law Practice, Appellate Practice

Often it is helpful to stress the fact that what actually happened in your case – or in any case – doesn’t make any difference...



Technology

Predictably, the widespread use of AI has led to numerous complex legal issues.


Under current California law, a woman only has to be present in the state and fleeing from domestic violence in order to seek ...



Litigation & Arbitration, Constitutional Law

Absent truly ambiguous text, public policy arguments appear to be taking on a diminishing role. Then again, so has stare decisis.


Take a sober look at California's worst-in-the-nation poverty rate and the shameful fact that the vast majority of our poor ar...



While “cash is king” and it is beneficial to be paid by someone who owes you money, you must recognize that under certain circ...


Education Law

Should AB 1936 pass and be signed by Governor Gavin Newsom, it will remove the taint of association with Serranus Hastings but...



Health Care & Hospital Law

The reality is that most people never hear about deceitful marketing practices or other bad acts of companies that put out dan...


Government

Democracy should be coveted for the equal opportunity it affords its citizens, but also for its track record of success.



The simple truth is that employers who create diverse and inclusive workplaces get sued less – and fewer claims mean lower leg...


No one can dispute that the internet is a fundamental part of community life.



The current iteration of SB 1279 simply refers to a “person who lacks legal capacity to make decisions” rather than referring ...


This article is intended to assist judges and practitioners in understanding when, how, and why to apply for appointment of a ...



Torts/Personal Injury, Land Use

By enacting Section 846, the legislature did not intend to immunize landowners from all liability for permissive and nonpermis...



“Harvard to Hashtag” is a must-read for anyone thinking of starting or growing a law firm.


Ediscovery, Civil Litigation

SB 1149 forbids protective orders and confidential settlement agreements in any litigation involving alleged product defects o...



Litigation & Arbitration

The testimony of even the most well-prepared witness may prove useless – or worse, problematic – unless the advocate listens a...


Law Practice, Appellate Practice

Some lawyers make the mistake of focusing their entire trial preparation on the jury, and make the mistake of forgetting the j...



Law Practice, Government, Appellate Practice

One of the extreme threats not only to our economy but to our physical safety is our return to dependence upon some pretty dan...


Technology, Judges and Judiciary, International Law

Unlike your country, which has been slow to accept the gifts of big data and artificial intelligence (I still smart at that us...



Whether a defect is trivial or not is determined by looking at all of the facts of the particular case.


The time is ripe for courts to take a new look at jurisdictional issues involving national corporations. The business landscap...