Family, Wills, Estates & Trusts
The increasing role of illiquid assets in divorce settlements (Part 3)
By Leslie L. Abrigo, Barry Levine
Article 3 of 4: Personal residences and reverse mortgages.
Alternative Dispute Resolution, International Law
Losing sleep over the Midnight Clause: Drafting disputes provisions for cross-border technology agreements and foreign investments
By Sarah Reynolds, Yasmine Lahlou
Cross-border technology disputes typically are high value, and often involve trade secrets or other forms of proprietary infor...
Labor/Employment
Viking River PAGA ruling has no clear destination for employers
By Tal Burnovski Yeyni
A California court of appeal held it was not bound by SCOTUS’ ruling.
Ethics/Professional Responsibility
Bias awareness and the motivation to be fair matter
By Mark B. Baer
Realizing and caring that our perception of fairness on any given issue is egocentric involves self-awareness, the very founda...
Family, Wills, Estates & Trusts
The increasing role of illiquid assets in divorce settlements (Part 2)
By Leslie L. Abrigo, Barry Levine
Article 2 of 4: Investment real estate that has been part of a 1031 tax-free exchange.
Constitutional Law, Technology
Federal Trade Commission Shines Light on Dark Practices of E-Commerce
By Anita Taff-Rice
The FTC’s move to expose dark patterns used by Epic Games is likely a harbinger of things to come and online merchants of all ...
Alternative Dispute Resolution, International Law
Is international arbitration adapting to the speed of business?
By Laura Abrahamson
Perhaps the biggest challenge facing the industry in 2023 is whether international arbitration can adapt sufficiently to remai...
Family, Wills, Estates & Trusts
The increasing role of illiquid assets in divorce settlements (Part 1)
By Leslie L. Abrigo, Barry Levine
In this first installment of a four-part series, common illiquid investments of divorcing parties will be explored. The goal i...
Intellectual Property
Artificial creativity: Navigating the copyright implications of AI-generated art
By James R. Molen
As it stands, there is currently no clear answer to whether AI-generated art qualifies for copyright protection.
The setup costs include completion and submission of Form 1023 to the IRS National Office. The IRS usually approves these appl...
Intellectual Property
U.S. Copyright Office weighs in on protection of AI-generated works
By Bennett A. Bigman
The Copyright Office’s decision may not be the last word on the subject, but certainly the debate over creation by artificial ...
International Law
California international arbitration comes of age: a personal journey
By Cedric Chao
As a measure of the growth of international arbitration in California this is the second year the California Lawyers Associati...
Intellectual Property
Eleventh Circuit affirms MTV Floribama Shore does not infringe Flora-Bama Trademark
By Lee S. Brenner
The court rejected the "Flora-Bama" trademark owners' argument that a title is artistically relevant only when its use is n...
Health Care & Hospital Law, Insurance
Insurance considerations in maximizing medical expenses
By Reza Torkzadeh, Allen P. Wilkinson
When a plaintiff chooses to be treated outside of the available insurance plan, that person is in the same position as an unin...
AB 1287 is a stride forward in gender-based price discrimination, and consumers should see a big adjustment when shopping for ...
Government
Municipalities are being crushed by the weight of records requests
By Christine N. Wood
Requests for public records are choking some agencies and costing taxpayers billions of dollars.
Banking, ESG, International Law
Bribery and corruption enforcement and ESG are increasingly intertwined
By Stephanie Yonekura, Melissa Giangrande
As recent prosecutions led by the SEC and DOJ have shown, enforcement agencies are expanding their definition of corporate cri...
If attorneys want to be taken seriously by clients, principals, and witnesses, and want to exude the type of credibility that ...
Entertainment & Sports
Where's My Roy Cohn? (2019), and Bully. Coward. Victim. The Story of Roy Cohn (2020)
By Michael Asimow, Paul Bergman
Cohn’s disgraceful legal career is well chronicled in both documentaries. He was a master manipulator of the press and scorned...
If in writing we kept the interests of our judicial audience in mind we would never submit the briefs and motions lawyers are ...
Civil Litigation, Criminal
Complying with the SOL in a post “revival window” world
By Brian S. Kabateck, Gary Partamian
Each sex abuse claim analysis will be on a case-by-case basis, but it is important to know when or if the statute of limitatio...
The unique insurance option protecting college players off the field.
Torts/Personal Injury, U.S. Supreme Court
Knowledge and recklessness to be put to the test - again
By John H. Minan
Fox maintains it is protected by fair reporting principles and that the statements of opinion are not legally defamatory.
Administrative/Regulatory, Environmental & Energy
Large diesel generators aren’t plug-and-play devices for underpowered indoor cannabis facilities
By Brian Case
Those responsible for short-circuiting the local air district’s permit process and firing up the generators are subject to fin...
Health Care & Hospital Law, Torts/Personal Injury
Neuroendocrine dysfunction: a path to demonstrating traumatic brain injury
By Molly M. McKibben
It is not uncommon for someone who has suffered a mild traumatic brain injury to have a “normal” CT scan or even MRI after the...
Ediscovery, Torts/Personal Injury
The importance of early investigations in negligence cases
By Justin J. Effres
Even seemingly ordinary negligence cases should be investigated immediately or referred to counsel with the experience, time, ...
Contracts, Litigation & Arbitration
Delegating unconscionability to the arbitrator
By Gary A. Watt, Patrick Burns
A recent decision serves as a reminder to litigants about the potential impact of specific language in arbitration clauses, an...
State Bar & Bar Associations
General consensus of State Bar’s Blue Ribbon Commission ignored
By Ryan M. Harrison Sr.
My participation in Blue Ribbon Commission meetings has given me the general impression that most of the members of the BRC ar...
Courts tend to rule against Bad Guys just because they are Bad Guys. But at the same time don't our courts go out of their way...