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Appellate Practice, Law Practice

The decision may not break much new doctrinal ground, but it likely will have a huge practical effect.


9th U.S. Circuit Court of Appeals, California Courts of Appeal

2022’s top federal appellate practice cases

MCLE
Feb. 7, 2023
By Benjamin G. Shatz, Benjamin E. Strauss

Unlike California, with its robust writs practice, federal writ practice is anemic at best, meaning that statutory interlocuto...


Tax

The four tax shelters (don’t overlook life insurance)

Feb. 7, 2023
By Bruce Givner, Owen Kaye

Life insurance has a benefit the other three lack: all the ways in which money comes out of a life insurance policy are income...


9th U.S. Circuit Court of Appeals, Civil Procedure

California cannabis businesses may walk the line – paying state taxes and obtaining licenses – but that doesn’t mean they will...


Intellectual Property

When monkey business slips into trademark infringement

Feb. 7, 2023
By David Martinez, Zac Cohen

“No mere monkey business”: Why a federal judge rejected an artist’s First Amendment defense to trademark infringement, keeping...


Contracts, Labor/Employment

When the employment relationship is severed the parties should have the same goal – to end the relationship smoothly and avoid...


Ethics/Professional Responsibility, Law Practice

Fighting for a “turnaround”

Feb. 6, 2023
By Myron Moskovitz

Before the judge rules, you have an ethical duty to fight like hell. After she rules, you have an ethical duty t...


9th U.S. Circuit Court of Appeals, Civil Procedure

Ninth Circuit bars cannabis companies from pursuing RICO claims

Feb. 6, 2023
By Joshua M. Robbins, Oren Bitan

While the decision eliminated one potential tool for cannabis companies to protect themselves against predatory and unethical ...


Construction, Litigation & Arbitration

Because the Court did not state that this was an exhaustive list of reasons why a provision contained in another document shou...


Technology

Did I write this column or …?

Feb. 6, 2023
By Arthur Gilbert

One can imagine the turmoil that will occur when ChatGPT decides to take credit for what it writes. Believe me, that is in the...


Criminal

Will Tom Girardi ever face a sentencing judge?

Feb. 6, 2023
By Dmitry Gorin, Alan Eisner

At any time after the commencement of the case, either the defendant, the prosecutor, or the court on its own motion may move ...


Civil Litigation

To be clear, Rule 11 is not intended to foreclose zealous legal arguments for the extension, modifications, or reversal of exi...


Technology

ChatGPT is AI magic, but beware of the ghost in the machine

Feb. 3, 2023
By Danielle H. Moore, Alex Castro

Employers are rightfully worried that their confidential information or trade secrets are being improperly shared to ChatGPT, ...


Criminal

Girardi’s Indicted. What’s Next?

Feb. 3, 2023
By Louis J. Shapiro

The Girardi story is the quintessential “truth is stranger than fiction” paradigm. No one understands how such a successful tr...


Ethics/Professional Responsibility, Wills, Estates & Trusts

In the trust and estate context, ethical rules take on a bigger role as an attorney advising a fiduciary or a beneficiary may ...


If Girardi is found mentally incompetent, the prosecution will be faced with a glaringly obvious open chair leaving a path for...


Real Estate/Development

Constitutional limitations on housing discrimination in California

Feb. 2, 2023
By Sam Spiegelman, Jeremy B. Talcott

This year, the city of Anaheim offered a prime example of what not to do in response to NIMBY pressures to prohibit unwanted p...


Entertainment & Sports

The progress made with NIL occurred during a tumultuous period in American history and the NCAA has seemingly thrown up its ha...


Health Care & Hospital Law

Advising not to follow section 364 is controversial given the potential discipline by the state bar, but not a single attorney...


Antitrust & Trade Reg., Intellectual Property

A control group is not always needed, but be cautious about skipping one, and make sure it is an intentional and educated choice.


Law Practice

There’s a wealth of legal resources

Feb. 1, 2023
By Hellen Hong, Suma Mathai

Attorneys are often unaware of the purpose of some of these entities and the many free resources they offer attorneys and our ...


Civil Litigation, Criminal

When criminal charges have been filed while civil litigation is pending, the dynamics of the civil litigation will change.


Banking, Securities

2023 IPOs: bull or bear market?

Feb. 1, 2023
By Sara L. Terheggen

Delaying an IPO debut during a year when a company’s business and strategy were tested could be a recipe for potential disaster.


Labor/Employment

Questions about PAGA remain unanswered

MCLE
Jan. 31, 2023
By Paul Dubow

In the last quarter of 2022, the Court of Appeal issued five decisions involving PAGA, but none of them directly addressed the...


Government

A Sign of the times?

Jan. 31, 2023
By Kevin R. Johnson

The Monterey Park violence is viewed in many circles as a form of expressing disagreement. That view affects all of us as a na...


Civil Rights, Environmental & Energy

Religious liberty for all: a principle worth standing up for

Jan. 31, 2023
By Isabel Conrath, Jackson Grasz

Two students from the Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine prepared an

The Chatbot lawyer

Jan. 31, 2023
By Teresa J. Schmid

While the A.I. response is interesting, even thought-provoking, it is not on the mark. It mixed general ethics issues with tho...


Education Law

Public interest v. academic freedom

Jan. 30, 2023
By William Slomanson

Is unpublished academic correspondence a “public record” under the California Public Records Act that’s exempt from disclosure...


Education Law, Legal Education

If law schools are serious about recruiting students from diverse backgrounds and those who come from low socio-economic backg...


Education Law, Government

Public norms or private autonomy?

Jan. 30, 2023
By Rachel F. Moran

What we are witnessing in the federal courts is a battle over the extent to which private autonomy can trump public norms.