Labor/Employment
Understanding collective bargaining and the Hollywood double strike
By Landon R. Schwob
For the time being, the strike continues. But the unions are far from “holding all the cards.” Though the right to strike may ...
Labor/Employment, U.S. Supreme Court
Recent affirmative action ruling may impact private sector DEI initiatives
By Emily Burkhardt Vicente, James La Rocca
It is highly likely that the Court’s decision will spawn new challenges to private employer DEI programs and the Court’s ratio...
U.S. Supreme Court
The affirmative action door has closed, but some windows remain open
By Yisrael Gelb
Institutions may carefully evaluate their admissions policies to best determine holistic-based factors that faithfully reflect...
Family
The ability to pay support and fees in family law cases is broadly defined
By Franklin R. Garfield
Decades of precedent are apparently insufficient to stifle the creativity of payors who are determined to avoid their financia...
Construction, Torts/Personal Injury
The stakes are high, and costly, when asbestos removal goes rogue
By Cristobal Ramirez, John J. Lormon
Property owners could face substantial legal risks from failure to comply with asbestos abatement obligations – including civi...
Administrative/Regulatory, Civil Procedure
A new home court for the FTC in pre‑merger challenges?
By Bambo Obaro, Joshua Wesneski
Whatever the reason, the FTC seems intent – at least for now – on pursuing merger challenges in the federal courts of Californ...
Intellectual Property
Ted Lasso: The trade secret implications of an employee defection
By Randall E. Kay, Gregory A. Castanias
Nate Shelley left Ted Lasso and Richmond United to work for a competitor. What can Nate’s betrayal of Ted and Richmond teach u...
Civil Rights
A look at Chino Valley Schools’ gender identification policy
By Douglas A. Rochen
The Chino and Murrieta school districts are enacting a policy that bucks CDE guidance, drawing more than just AG Bonta’s dirty...
Government, Judges and Judiciary
Former Minnesotan describes LASC human resources role as the Super Bowl
By Lawrence P. Riff
“Our HR teams are creating the 21st century workplace, dealing with human potential, human aspiration, human skill development...
Appellate Practice, Guide to Legal Writing, Law Practice
The joy of editing
By Myron Moskovitz
Careful editing might seem a mere perfectionist’s obsession. But it’s more than that. Appellate Justices spend most of their w...
California has poor laws addressing cultural/religious marriage gifts. IRMO Noghrey (1985) correctly found that exorbit...
Civil Procedure, Technology
Testimony of far away witnesses is possible, but not compulsory
By Nicolas I. Sonnenburg, Steven S. Fleischman
COVID made Zoom ubiquitous, but that doesn’t mean the Federal Rules of Civil Procedure have changed.
Civil Rights, Technology
Coding and decoding bias – EEOC settles first AI discrimination lawsuit
By George S. Azadian, Ani Azadian
The lawsuit stems from one applicant who was immediately rejected when she applied with her accurate date of birth showing she...
Constitutional Law, Government
A vague rule to define the ‘receiver’ of a firearm is confusing and divisive
By Matthew Sean Harrison
In 2022, the ATF issued its Final Rule, “Definition of Frame or Receiver.” As a microcosm of our Nation’s divisions, the react...
Cannabis, Labor/Employment
Get ready for new, and unequally applied cannabis-testing changes at the workplace
By Ronald J. Scholar
Under a new law that will go into effect Jan. 1, if a job applicant tests positive for the presence of psychoactive THC, the l...
Entertainment & Sports
Stream It Tonight! "Marked Woman" (1937)
By Paul Bergman, Michael Asimow
The story is loosely based on Thomas Dewey’s pursuit of mob boss Lucky Luciano. Dewey’s prosecution of Luciano catapulted Dewe...
Civil Procedure, Judges and Judiciary
Resolving the misunderstood and misinterpreted issue of “territorial jurisdiction” of the court
By Nicholas S. Thompson
There is no statutory requirement that the judge be available and physically present “within the state” to have the authority ...
Technology, Torts/Personal Injury
Autonomous vehicles are evolving, as are their tort liability risks
By Shain Wasser
While state and federal governments continue to grapple with how to implement a standard approach to regulating fully autonomo...
Intellectual Property, Technology
Do I infringe copyrights by using AI?
By Jeremy T. Elman, Lauren Silva
How did ChatGPT know that writing this article is not generally considered copyright infringement, and why did it get it wrong...
Administrative/Regulatory, Antitrust & Trade Reg.
FTC chair plays the long game
By Filemon Carrillo, Sandra G. Gibbs
Lina Khan has served as the Chair of the Federal Trade Commission for just 26 months, but already some commentators have decla...
Government
California’s price gouging law could rein in big profits by big oil
By Tim LaComb
For all its good, SBx1-2 does create one potential problem: it may trigger the filed rate doctrine, which would prevent partie...
California Supreme Court, Constitutional Law
Title IX: What the Boermeester v. Carry decision means for private universities
By Alezah Trigueros
The court made the appropriate decision here because universities should be empowered to hold wrong-doers accountable, and not...
In a major shift, personal injury courts modify the linear two-step measuring tape in favor of a holistic and multi factor ana...
Civil Rights, Constitutional Law
Bypassing implicit bias training is not a First Amendment right
By Tiega-Noel Varlack
The First Amendment reads: "Congress shall make no law ... abridging the freedom of speech." But this right is not absolute an...
Family, Judges and Judiciary
Cultural Competency: Mother of all prejudices
By Abbas Hadjian
Judges recognize that some languages have tonal components that may sound rude and aggressive. Not every speaking expression i...
Ethics/Professional Responsibility, U.S. Supreme Court
The Supreme Court’s lack of candor
By Erwin Chemerinsky
In the term that ended on June 30, the Court clearly overruled precedents without saying so. The only explanation seems to be ...
Family, Judges and Judiciary
Multigenerational households in child custody cases
By Bryant Y. Yang
An argument against a child living in a multigenerational household does not account for cultural differences. For the past ce...
Land Use, Torts/Personal Injury
The legal risks for failure to comply with asbestos abatement obligations
By John J. Lormon, Cristobal Ramirez
Due to a zero-safe-exposure limit, administrative enforcement for asbestos mismanagement during construction can lead to large...
Trauma can be something that has been long standing in the client’s life, or it can be the divorce that precipitates it. The c...
Entertainment & Sports, Immigration
That counts as work? Work visa options for creatives in the entertainment field
By Benjamin C. Lau
There is a misconception that for immigration purposes, “work” requires that a person be paid for their services. While being ...