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Entertainment & Sports

“Who Killed Jane Stanford”

Dec. 15, 2022
By Michael L. Stern

Why no one was ever brought to justice for this crime remains a puzzling enigma.


The Commission voted unanimously on each of the names it recommended for renaming.


Construction, Ethics/Professional Responsibility

“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...


If all the opinion accomplishes is preventing penalties, the client won’t be happy.


Civil Litigation

The revival of adult sexual assault claims

Dec. 14, 2022
By Spencer Lucas, Jesse Creed

Five years after #MeToo, survivors of Harvey Weinstein’s sexual assault finally have a statute of limitations bill to call the...


9th U.S. Circuit Court of Appeals, California Supreme Court

The California Supreme Court is considering review of an appellate court’s ability to reverse an arbitrator’s decision to enfo...


Civil Rights, Constitutional Law

Equality for one, equality for all

Dec. 13, 2022
By Daren H. Lipinsky

With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...


Entertainment & Sports, Insurance

“Primary assumption of the risk does not grant unbridled legal immunity to all defendants, and an owner or operator still has ...


Family, Litigation & Arbitration

When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...


Ethics/Professional Responsibility

Be mindful of limitations in agreements with clients

Dec. 12, 2022
By Alanna G. Clair, Shari L. Klevens

The law recognizes that clients may have inequitable bargaining power when negotiating a relationship with a lawyer. To that e...


Labor/Employment, U.S. Supreme Court

“Life finds a way:” Viking River six months out

Dec. 12, 2022
By Eric B. Kingsley

The Viking decision is a bit disjointed. As I have written before, the fundamental way to understand the opinion is thr...


Real Estate/Development

The Calif. Uniform Partition of Heirs Property Act

Dec. 12, 2022
By Denise E. Chambliss, Katherine A. West

A careful study of the Heirs Property Act will quickly identify many questions or procedures left unanswered. Such issues and ...


Technology

Open-source license enforcement; risk to companies

Dec. 12, 2022
By Daniel P. Hughes, Matthew Ruth

Though open-source software is offered for free, using it can carry hidden costs.


Entertainment & Sports

Stream it Tonight! The Trial of the Chicago 7 (2020)

Dec. 9, 2022
By Michael Asimow, Paul Bergman

The conspiracy trial was political theater from beginning to end. It should be remembered as a battle in the culture wars rath...


Appellate Practice, Law Practice

The pandemic, Zoom, and a “new” civility

Dec. 9, 2022
By Sidney Kanazawa

With stay-at-home orders and the limited availability of courts, we learned to negotiate – without threats.


Litigation & Arbitration

Logically, it makes complete sense that we adapt to the sea change of technological development and continue to build on it.


Intellectual Property

One lesson is that a grant to a bare right to sue does not afford sufficient standing to assert copyright infringement.


Class Action

Your Honor, please drop my case

Dec. 8, 2022
By Stefan Bogdanovich

The Class Action Fairness Act set off a “jurisdictional ping-pong game” where plaintiffs sought to have the case heard in stat...


Family, Health Care & Hospital Law

What happens when conditions are present that cause a Durable Power of Attorney to fail its intended purpose, but there has be...


Administrative/Regulatory, Judges and Judiciary

Special Masters: The court’s (not so) secret weapon

Dec. 8, 2022
By Anne M. Lawlor Goyette

Now is the time for the expanded use of special masters. Over the past two and half years, Covid-19 significantly disrupted ci...


Entertainment & Sports, Judges and Judiciary

There are over 1700 judges in California. That means more than 400 judges fall into the anxiety/depression population. Does th...


Administrative/Regulatory, Judges and Judiciary

More than money, less than candid

Dec. 8, 2022
By Travis M. Poteat

News release from 54 trial court CEOs obfuscates instead of elucidates regarding reporter relocation.


Letters

Legal and moral questions behind college admissions

Dec. 7, 2022
By William K.S. Wang

What are the similarities and dissimilarities in the legal and moral questions raised by possible college admission discrimina...


Government, U.S. Supreme Court

Should the Court adopt this rationale in Moore, it is essential that the precise meaning of "some deference" be clearly...


Civil Rights, Technology, U.S. Supreme Court

If the Court follows Justice Thomas and narrowly reads Section 230 only to protect “distributors” from “publisher” liability, ...


Banking

Beneficial ownership no longer nebular

Dec. 7, 2022
By Stephen Mihaly, William Norman

The final treasury beneficial ownership information regulations will affect millions of businesses and individuals.


Appellate Practice, Law Practice

The duty to mentor

Dec. 7, 2022
By James McManis

Most lawyers are busy people, and the only feedback often given to junior attorneys is returned work product, marked up withou...


Banking

Fed. Appendectomy: RIP Fed.App’x (2001-2021)

Dec. 6, 2022
By Benjamin G. Shatz

From its birth, it was a redundant oddity. The real question might be “how did it last for 20 years?”


Data Privacy, Intellectual Property

Data Privacy for IP Attorneys

Dec. 6, 2022
By John Pavolotsky

For companies that have put in place and have been exercising their CCPA compliance programs, the compliance readiness process...


Government

Small business R&D tax credits have increased

Dec. 6, 2022
By LaVonne Lawson

The Inflation Reduction Act provides qualifying startups and small businesses increased R&D tax credit to offset payroll tax.