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Civil Litigation, Torts/Personal Injury

Will Dominion dominate Fox?

Apr. 17, 2023
By Douglas E. Mirell

While some commentators have characterized Judge Davis’ refusal to enter summary judgment on the “actual malice” element as a ...


Bankruptcy, Real Estate/Development

Minimizing risk of a tenant bankruptcy in lease negotiations

Apr. 17, 2023
By Jennifer C. Johnson, Marie K. Gribble

From a time and money perspective, a letter of credit or guaranty is preferable to a security deposit if a tenant files bankru...


Ethics/Professional Responsibility, Judges and Judiciary

Judicial officers are well-advised to avoid any type of conduct that has the potential not only to create a conflict of intere...


Judges and Judiciary, U.S. Supreme Court

This was the first case in which the Supreme Court adopted the “inevitable discovery” rule. Would they have done so if they we...


Labor/Employment

LA’s “Fair Work Week” means predictable schedules for retail employees

Apr. 17, 2023
By Wendy M. Lazerson, Katherine A. Roberts

The Ordinance covers employers identified as retail businesses in the North American Industry Classification System (NAICS) wi...


Ethics/Professional Responsibility, Judges and Judiciary

Alameda District Attorney Pamela Price’s action is an attempt to deflect criticism of an ill-considered plea agreement. Bubbli...


You might be surprised at how many academic and not so academic debates there are between tax professors, accountants and tax ...


Corporate, Insurance

One of the most significant emerging risks for remote or virtual operations is the threat of cybersecurity incidents. Business...


Law Practice, Technology

The client, who is in custody or sitting by themselves at counsel table, starts to talk to the Court about their case, their f...


California Supreme Court, Civil Procedure

California Supreme Court Review: March 2023

Apr. 13, 2023
By Andrew S. Ong, James Nikraftar

If the Supreme Court decides that a court in a non-California forum is one of competent jurisdiction to rule on a motion to c...


9th U.S. Circuit Court of Appeals, Government

Beyond Mifepristone: The potential implications of AHM v. FDA on FDA's authority

Apr. 13, 2023
By Joshua Oyster, Douglas Hallward-Driemeier

The prospect of other judges in future cases similarly substituting their own judgment for FDA’s expert scientific determinati...


Wills, Estates & Trusts

Modification of trusts

Apr. 13, 2023
By Robin Klomparens

Many states have expanded their laws authorizing modifications to irrevocable trusts, including allowing adaptations for tax l...


California Supreme Court

Castellanos shows the futility of petitions for review

Apr. 12, 2023
By David A. Carrillo, Stephen M. Duvernay

Our state high court exists to maintain consistency and clarity in the law – not to correct errors.


Constitutional Law, Family

Paint it black

Apr. 12, 2023
By Brian M. Hoffstadt

Juvenile dependency presents somewhat unique issues of mootness.


Cannabis, Intellectual Property

Cannabis trademarks

Apr. 12, 2023
By David Schnider

As with most things in the cannabis industry, brand protection is more challenging than it would be for a non-cannabis company.


ESG, Technology

Responsible AI as part of a company's ESG framework

Apr. 11, 2023
By Susan H. Mac Cormac, Stephanie Sharron

How "Responsible AI" practices in combination with ESG frameworks can be applied both to mitigate risk and support a corporat...


Criminal, Government

Trump’s greatest deal

Apr. 11, 2023
By Vaughn R. Walker

Trump is a dealmaker and he may yet be able to make his greatest deal of all. The election cycle is just around the corner – o...


Law Practice, Technology

ChatGPT proved to be a liar and a literary fraud in my very first interaction with him, ah … it. How very human. There are man...


Ethics/Professional Responsibility, U.S. Supreme Court

Several steps should be taken to help ensure that there is both the perception and the reality of a Court complying with the h...


Ethics/Professional Responsibility

A trail of decision-making breadcrumbs

Apr. 10, 2023
By Alanna G. Clair, Shari L. Klevens

An attorney may have to defend or justify a decision that was made during the representation, even when those decisions includ...


Constitutional Law

42 U.S.C. § 1983 brings out the best and worst of our system

Apr. 10, 2023
By Robert L. Bastian Jr.

When the court finally interprets the constitutional tort system the 42nd Congress actually intended, the entire system will ...


Appellate Practice, Civil Procedure, Law Practice

“When a complaint contains allegations that are fatal to a cause of action,” stated Justice M. Bruce Smith, “a plaintiff canno...


Data Privacy

Privacy laws that regulate cookies tend to crumble when implemented

Apr. 7, 2023
By John A. Vogt, Ryan D. Ball

Privacy law remains unpredictable as courts continue to grapple with the application of decades-old privacy statutes to new tr...


Ethics/Professional Responsibility, Judges and Judiciary

The perils of politics

Apr. 7, 2023
By David Rosenberg

Attorneys – as ambassadors of the courts, please work to help educate others on the importance of judicial independence and ke...


Technology

Artificial “intelligence” or Hal 9000 goes to law school

Apr. 7, 2023
By Paul R. Kiesel, Jeffrey A. Koncius

There is no doubt that AI is an amazing tool with great promise. And while it is fun to ask for all sorts of things from these...


Contracts, Entertainment & Sports

Were the Dolphins locking in Tua because he may have a career ending sickness or injury in the future and the team already pur...


Entertainment & Sports

Stream it Tonight! Marriage Story (2019)

Apr. 7, 2023
By Michael Asimow, Paul Bergman

The movie amply illustrates the emotional wreckage that the adversarial divorce process leaves in its wake.


Securities, U.S. Supreme Court

Should SCOTUS cut securities fraud defendants some slack?

Apr. 6, 2023
By Adam M. Apton, Devyn R. Glass

Without a clear mandate, regulations intended to safeguard the public should not be rolled back.


Law Practice

Matters of opinion or taste are not facts

Apr. 6, 2023
By Mark B. Baer

The ability to recognize that your opinion, your perspective, your taste, and your truth is not an objective verifiable and un...


Torts/Personal Injury

Brain injuries can be difficult to detect

Apr. 6, 2023
By Negin Nazi

The importance of recognizing subjective symptoms in traumatic brain injury cases: A perspective from a former defense attorne...