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Labor/Employment

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

MCLE
Aug. 22, 2023
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

Institutions may carefully evaluate their admissions policies to best determine holistic-based factors that faithfully reflect...


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

Aug. 22, 2023
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?

Aug. 21, 2023
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

Aug. 21, 2023
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

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

“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

Aug. 21, 2023
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...


Family

Cultural Divorce: Time to retool your dowry ware

Aug. 21, 2023
By Abbas Hadjian

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

Aug. 18, 2023
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

Aug. 18, 2023
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

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

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)

Aug. 18, 2023
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

There is no statutory requirement that the judge be available and physically present “within the state” to have the authority ...


Technology, Torts/Personal Injury

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?

Aug. 17, 2023
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

Aug. 17, 2023
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...


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

The court made the appropriate decision here because universities should be empowered to hold wrong-doers accountable, and not...


Torts/Personal Injury

Does size matter in government tort liability?

Aug. 16, 2023
By Yisrael Gelb

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

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

Aug. 15, 2023
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

Aug. 15, 2023
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

Aug. 15, 2023
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

Aug. 15, 2023
By John J. Lormon, Cristobal Ramirez

Due to a zero-safe-exposure limit, administrative enforcement for asbestos mismanagement during construction can lead to large...


Family

Manifestations of trauma in the courtroom

Aug. 15, 2023
By Linda Bortell

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

There is a misconception that for immigration purposes, “work” requires that a person be paid for their services. While being ...