Ethics/Professional Responsibility, Law Practice
Saving remote appearance from itself
By Daniel P. Maguire, Shawn Landry
There is no inherent reason why remote appearance should be more casual and less decorous than physical appearance. But experi...
Constitutional Law, U.S. Supreme Court
When a taking is legislative or administrative, does it matter?
By Michael M. Berger
Two classic Supreme Court cases involved legislative decisions that were enforced during administrative proceedings. Had the C...
In this 340-page book, Tove Ditlevsen stays faithful to the grit of an exiled insider wandering her own cobblestone squares an...
Ethics/Professional Responsibility
A lawyer’s reputation can be hard to untarnish
By Kenneth K. So
In recent years, a win-at-any-cost mentality has increasingly pervaded the legal profession. An attorney who interrupts others...
Contracts
TSG v. Disney is all about ‘Showing the Money’
By Elsa Ramo, Laura LaBrecque
Hollywood financier TSG Entertainment’s recent litigation against Fox and the Walt Disney Company is a tale as old as time.
California Supreme Court, Cannabis
California Supreme Court Review: August 2023
By Andrew S. Ong, Ariel E. Rogers
An injunction clarifying and defining the Department of Cannabis Control’s obligation to establish a track and trace system co...
Constitutional Law, Government
Trump’s oath to support the Constitution may be his undoing
By John H. Minan
On Aug. 24, Lawrence Caplan filed what may be the first federal civil lawsuit against Donald Trump under Section 3 of the Four...
California Supreme Court, Labor/Employment
Timekeeper rounding practices may be running out of time
By Lonnie D. Giamela
In reviewing cases dealing with rounding time policies, appellate courts up until recently stood behind the ruling in See's Ca...
The historical scenario that looms over Kamala Harris’ renomination is young Richard Nixon’s predicament in 1956.
International Law
A nearly 100-year-old tariff law is being used to fight child labor in the chocolate industry
By Paul L. Hoffman
International Rights Advocates recently filed a complaint with the United States Court of International Trade to force the Bid...
Done carefully and with the right kind of income, properly moving out of California can reduce or eliminate the sting of Calif...
Torts/Personal Injury
6th Circuit's Sandmann ruling blurs the distinction between fact and opinion
By Krista L. Baughman
The majority’s creative interpretation of the line between fact and opinion creates a slippery slope that will undoubtedly be ...
Constitutional Law
Whether social media is a private actor or “public square” may finally be resolved
By Cameron Schlagel
The primary question in two cases from separate circuits is whether laws restricting content-moderation on social media comply...
The CPUC’s decision is significant. San Francisco is an enormous market for taxi and ride-hailing services. It is the perfect,...
Can you imagine if you were able to have a trial, see the result, turn back the clock with a crystal ball, and then go to medi...
California Supreme Court, Civil Rights
A revolution in local government in California - the legacy of Joaquin Avila
By J. Morgan Kousser
Since major amendments to the California election code in 2016, which standardized the procedures for switching from at-large ...
Entertainment & Sports, Torts/Personal Injury
How federal legislation can effectively tackle NIL collectives
By Frank N. Darras
The NCAA’s interim policies on name, image and likeness rights have created a Gordian Knot for athletes and teams, which colle...
Alternative Dispute Resolution, Appellate Practice
Zealous representation is good, but get a second opinion
By Margaret M. Morrow, Laurie D. Zelon
Advocates believe, with reason, that they know the facts of their case and the applicable law better than anyone else. Sometim...
Legal Education
The rise of law school flash trials are replacing their slower counterparts
By Spencer J. Pahlke
While traditional mock trials let law school students simulate courtroom proceedings in a controlled environment, Flash Trials...
Intellectual Property, Technology
Generative AI systems may be creative but aren’t human enough to hold copyrights
By Anita Taff-Rice
District Court holds that copyright law is designed to adapt to the times but can’t be stretched to works generated with no hu...
Appellate Practice, Law Practice
Crafting your legal identity: navigating attorney business development
By George Brandon
Welcome to the premiere of ‘The Source,’ your monthly column to the dynamic realm of attorney business development. Whether yo...
Intellectual Property, Technology
Whether in the ring or the courtroom, no one knows if X (formerly Twitter) and Facebook will exchange blows
By Richard H. Lee, Marius Mateescu
Meta Platforms, Inc., and Twitter, Inc., now X Corp., are seemingly priming for a legal battle with far-reaching implications....
Administrative/Regulatory, Health Care & Hospital Law
Fifth Circuit medication abortion ruling could affect more than abortion access
By Cathren Cohen
The case threatens the FDA’s regulatory authority and could lead to established, safe medications being challenged simply beca...
Technology, Torts/Personal Injury
Driverless cars have arrived, and though rare, accidents do happen
By George Salinas
With rideshares, the safety ratings should set most riders’ minds at ease. However, that does not mean that one should not be ...
Administrative/Regulatory, Technology
Election-related deepfakes are easy to create, harder to regulate
By David Lazarus
On Aug. 10, the FEC took the first step toward regulating federal candidates’ use of deepfakes and other AI-enabled fake image...
9th U.S. Circuit Court of Appeals, Administrative/Regulatory, Technology
Recent 9th Circuit TCPA decision shows limits of applying old statutes to newer technology
By Megan L. Rodgers, Daniel Rios
The 9th Circuit recently ruled that a text message is not a voice, finding that even though “‘voice’ can be used symbolically,...
9th U.S. Circuit Court of Appeals, Civil Procedure
Ninth Circuit’s plain text ruling on Rule 45 won’t be the last word
By Paul Werner, Imad Matini
In re Kirkland: the location of the proceeding - not the person - still matters for Rule 45 compliance in our post-pand...
Ethics/Professional Responsibility, Government
Absent reform, ethical lapses among all the president’s lawyers will be cyclical
By Eugene M. Hyman
While the headlines are understandably focusing on Trump himself, the legal community should be looking to its own. We sit in ...
Law Practice
Is the answer to a lawyer’s well-being to stop practicing law?
By Traci Cipriano
Burnout is a workplace issue, resulting from ongoing, unrelenting, workplace stressors. These stressors take many forms, depen...
Ethics/Professional Responsibility
Practical considerations for promoting a culture of civility
By Carole J. Buckner
Proposed rules pending consideration by the California Supreme Court are premised on the concept that advocacy for a client do...