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Evidence, California Supreme Court

Gray areas

Jan. 31, 2024

The recent People v. Gray decision has the potential to significantly dilute the predictability that comes from the bri...


Securities, Corporate

The badge of unicorn requires more than just a lofty idea and a hint of innovation, it demands revenue numbers that can be tra...



Evidence, Constitutional Law

In the free-speech zones

Jan. 30, 2024

The issue in Camenzind v. California Exposition & State Fair was "whether, under either the First Amendment or the ...


Labor/Employment, California Supreme Court

Unmoved by the employers’ argument that its holding would rob courts of their “full toolbox” to ensure judicial economy, the C...



Criminal

Penal Code Section 654

Jan. 29, 2024

How to determine whether multiple counts arise from a single act and from an individual course of conduct, the applicability o...


With the passage of AB 2773, advocates argue that the new law will help protect citizens who are disproportionately impacted b...



Civil Rights

The womb on trial

Jan. 26, 2024

The significance of laws banning abortions even in the cases of rape or incest cannot be understated – these laws put women an...


Law Practice

Eppur si muove

Jan. 26, 2024

It takes courage to settle cases. Often parties must change course after confronting uncomfortable facts which differ from wha...



Unless counties invest in creating healthy and vibrant well-funded public defender offices, caseloads balloon and defenders le...


A public institution as large as the Los Angeles County Superior Court includes tremendous responsibilities, and needed an A-G...



Alternative Dispute Resolution

For a law intended to facilitate settlement of disputes, Section 998 has fostered more than its share of perplexity among prac...


Human trafficking is happening in places you might not expect and what the Los Angeles Center for Law and Justice is doing to ...



Recent cases affirm a duty to defend, and insurance coverage, even for economic losses without allegations of bodily injury.


When conducting an investigation that has attracted media publicity, an investigator should be mindful of how that publicity c...



Individual case inventories increased because few cases were ready for trial in the first two years of the pandemic, and settl...


Because of the way contracts are constructed between private prisons and the government, private prisons depend on being at fu...



Constitutional Law

It is tempting to be dismissive and speculate that the conservative Roberts Court, with three justices appointed by Trump, wou...


Labor/Employment, Environmental & Energy, Corporate

With increased green marketing claims comes greater scrutiny, which courts are taking seriously.



Technology

Whether because of the lawsuit or for some other reason, Tesla has now recalled just about every car it ever built. Despite th...


ESG-related litigation can take many forms, but there are clear guidelines for companies seeking to mitigate against the risk ...



As care providers prepare to engage in statewide health information exchange in 2024 under the California Data Exchange Frame...


Labor/Employment

The statutory filing deadlines for Fair Employment and Housing Act discrimination claims to the California Civil Rights Depart...



Seventeen questions and answers about Family Code Section 6309 – the new law permitting (and limiting) discovery in domestic v...


Judges and Judiciary

Stuff happens

Jan. 8, 2024

When I write or speak about Herb Morris, I use the present tense because his presence is palpable. His influence in many disci...



The Fed is poised to reduce interest rates, which should stoke deal activity both by calming deal makers’ nerves and by openin...



Judges and Judiciary

Memorable court moments don’t occur too often, but they do make for great courtroom war stories.


Intellectual Property, Government

Claims of intellectual property theft, though a problem, are exaggerated and pose a threat to the extension of the U.S.-China ...



Labor/Employment, California Supreme Court

From current time-rounding practices to whether public entities are exempt from certain Labor Code obligations, 2024 promises ...


Recent petitions provide the U.S. Supreme Court a rare opportunity to resolve a conflict between presidential monument designa...