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Columns

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Contracts


Non-competes no more?

Jan. 26, 2023

The Non-Compete Clause Rule was an unprecedented move by the FTC, both because the agency had not previously attempted to regu...


Litigation & Arbitration, Wills, Estates & Trusts


Logical analysis may give structure to estate or trust negotiations. But each dispute will be based on factors that cannot con...


California Supreme Court


The persuasive attorney and wise jurist recognize that the historical underpinnings of a law, decision, or custom is critical ...


Law Practice, Appellate Practice


Some partners will be de-equitized, while others will be gently nudged out. We are already seeing an increase in “stealth layo...


Of the 26 recent vacancies on the federal courts in California, only 11 remain – with nominees pending confirmation in the Sen...


The U.S. Supreme Court has agreed to decide whether the IRS may issue a summons seeking an innocent party’s records without pr...


Law Practice, Appellate Practice


These disclosures promote compliance with rules of professional conduct, which require the client, and not an unnamed entity b...


Government, Consumer Law


In 2018, sidewalk food vending was first decriminalized through Senate Bill 946. After that, however, local authorities could ...


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...


Law Practice, Appellate Practice


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


Technology, Data Privacy


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


Judges and Judiciary, California Courts of Appeal


The undead

Jan. 9, 2023

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...


Military Law, Family


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,...


Wills, Estates & Trusts


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


Law Practice, Appellate Practice


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


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


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


This law is a positive step toward regulating the use of “time-limited demands” in third-party liability claims, but it is lim...


Technology, Family


Domestic Violence and social media are not a match made in heaven.


Intellectual Property


Companies engaging in a collaboration with another company may consider steps to protect their trade secrets and insulate them...


California Supreme Court


This month's installment examines the implications of the California Supreme Court's forthcoming decision in Turner v. Victoria.


The troubling recording of three councilmembers and a labor leader that was released in October confirms that politicos of all...


Law Practice, Appellate Practice


Under AB 2799, prosecutors need to do more than present rap lyrics or expressions depicted in music videos in order to get a c...


Technology, Judges and Judiciary


AI is only as good as its training, and it’s tough for users (and the public) to determine the bias resulting from limited tra...


Environmental & Energy


Over the last few years, there have been a confluence of events and circumstances that are fueling encouraging levels of inter...


Litigation & Arbitration, Contracts


You may have waived it. What California businesses and employers need to know.


Technology, Law Practice, Appellate Practice


For the skeptics out there, AI’s impact on the legal industry is relatively nascent.


Litigation & Arbitration


Attorneys are expected to get a “win” for the client and must be seen as taking a strong stand on their behalf. This is laudab...


Law Practice, Appellate Practice


The harsh reality is that if one of our peers crosses a line, we generally turn a blind eye, many times for fear of reprisal.