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Raising the debt ceiling is imperative for the American people. Congress needs to legislate on behalf of all Americans, not pa...


An attorney used generative artificial intelligence to write a pleading. What followed was a lawyer's worst nightmare. By Pau...


Alternative Dispute Resolution

Both poker and mediation negotiations involve perceived wagers and evoke a tension between playing one’s cards and playing one...


Constitutional Law, Land Use

Takings day at SCOTUS

May 30, 2023
By Michael M. Berger

A wag once noted that “a navigable river is any river with enough water in it to float a Supreme Court opinion.” See United St...


Government, Military Law, U.S. Supreme Court

Since the high court ruled that the National Guard acts as a federal agency due to its supervision and hiring of dual-status t...


Securities

SEC mandates tighter share repurchase disclosure

May 30, 2023
By Sara L. Terheggen

Companies should use the available transition period to establish their disclosures, benchmark against peers and be nimble eno...


Insurance, Land Use

Most of the damages caused by earth movement are not covered by insurance. Mitigation funding through geologic hazard abatemen...


Ethics/Professional Responsibility

Lessons learned from taking a true summer vacation

May 26, 2023
By Joanna L. Storey Mishler

Being well makes it much easier to be competent. California is ahead of the curve on this one, as the American Bar Association...


Administrative/Regulatory, Environmental & Energy

Turning from roads to rails: CARB approves In-Use Locomotive Regulation

May 26, 2023
By Maureen F. Gorsen, Caleb J. Bowers

The In-Use Locomotive Regulation is the first of its kind in terms of state regulation of in-use locomotives. But the regulati...


Law Practice, Technology

Several prognosticators have predicted a seismic shift in the legal profession within two years’ time, with both legal fees an...


Criminal, Government

Practically speaking, getting rid of the bail schedule is going to harm all persons arrested in Los Angeles County.


Tax

Sell stock at a big gain but pay no tax?

May 25, 2023
By Robert W. Wood

If the stock qualifies as qualified small business stock (QSBS), you might pay zero federal tax.


Civil Litigation, Torts/Personal Injury

If Hsu v. Tesla is any guide, with accurate and precise instructions and effective testimony from the defendants' engin...


Intellectual Property

All courts agree that de minimis use defense applies in analyzing whether enough of a copyright protected work has been copied...


U.S. Supreme Court

Court declines to rule on scope of Section 230 immunity for violent speech on social media platforms.


U.S. Supreme Court, Real Estate/Development

It is no longer a secret that California has always been among the most stringent in reviewing land use permits and the most f...


Intellectual Property, U.S. Supreme Court

Despite the concerns articulated in the dissent, the Court’s decision is far from a death knell for transformative uses of exi...


Constitutional Law, Government

Dangerous new laws criminalize the right to protest

May 23, 2023
By Stephen F. Rohde

Since January 2017, 45 states have considered 267 bills that restrict the right to protest.


Tax, U.S. Supreme Court

While this case may not be entirely a blank check to the IRS to issue summons without notice because the Court leaves open the...


Criminal, U.S. Supreme Court

Supreme Court reins in government's fraud theories...again

May 23, 2023
By Agustin D. Orozco, Nimi Aviad

The Supreme Court issued two opinions limiting the reach of the federal fraud statutes and eliminating often-used theories fro...


Intellectual Property, U.S. Supreme Court

Supreme Court rules against fair use of Andy Warhol silkscreen

May 23, 2023
By Douglas L. Johnson, Daniel B. Lifschitz

The decision, which affirms the 2nd Circuit’s findings in the landmark copyright case, rebalances the fair use doctrine to pla...


Constitutional Law, Government

The concern with presidential overreach is legitimate. But the phrase “the Constitution is not a suicide pact” reflects the re...


Real Estate/Development

With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the Cali...


Family

Cultural Divorce, Part V: Date of marriage

May 22, 2023
By Abbas Hadjian

For a California attorney, FL-100 provides basic information about parties, their legal relationship, the reasons for the term...


Civil Litigation, Law Practice

Wait, wait… please tell me! The benefits of speaking to jurors after trial

May 22, 2023
By Robert Glassman, Jonathan Davidi

Speaking to jurors after winning or losing a trial can benefit a trial lawyer in many ways. It can provide valuable feedback, ...


Constitutional Law

Ending cash-based jailing: a win for the Constitution and public safety

May 19, 2023
By Miriam Aroni Krinsky, Erwin Chemerinsky

As a former federal prosecutor, a constitutional law scholar and a former judge, we believe the Court made the right decision....


Alternative Dispute Resolution, California Courts of Appeal

This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate ju...


Entertainment & Sports, Legal Education

Stream It Tonight! "The Paper Chase" (1973)

May 19, 2023
By Michael Asimow, Paul Bergman

Aspiring law students used to be told to watch “Paper Chase” to prepare themselves, but the film doesn’t describe the 21st cen...


Probate, Wills, Estates & Trusts

Documents and communications do not qualify as recoverable property under Section §850.


California Courts of Appeal, Torts/Personal Injury

Technology use in our daily lives is expanding the definition of who is ‘present’ at the scene of an accident.