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Government, Health Care & Hospital Law

If you care about a woman’s dignity and reproductive autonomy, you must investigate whether the state to which you are traveli...


Government

The Welfare War - Part Two

Dec. 5, 2022
By Myron Moskovitz

We met at Stassi’s Bar, down the street from my office. Harry was in his 50’s, short, stout, balding, and very scared – less ...


California Supreme Court, Data Privacy, Insurance

The California Supreme Court recently ruled that general liability insurance can apply not just to the right of secrecy but al...


Intellectual Property, U.S. Supreme Court

Intellectual property at the Supreme Court

Dec. 5, 2022
By David Lisson, Philip Sheng

The Supreme Court turned its attention to intellectual property in a big way in 2022, taking up cases that could significantly...


Appellate Practice, Law Practice

What is unusual is that I am writing about an event that has not yet occurred. But now as you read this column, it already hap...


Government

Lest we think of these events as ancient history, some of our fellow Californians – living, but now elderly – endured and stil...


Appellate Practice, Law Practice

The public's unending modern day fascination with celebrities in trouble began with the televised Zsa Zsa Gabor Beverly...


Health Care & Hospital Law, Labor/Employment

In November, voters approved Proposition 1, explicitly adding abortion and contraception rights to the state’s constitution.


Appellate Practice, Law Practice

Your goal should be for the court to use your proposed order as a starting place – something to edit, rather than starting fre...


Litigation & Arbitration

The primary rights theory of claim preclusion

Dec. 1, 2022
By David M. Axelrad

The prudent pleader will initiate litigation by first identifying the harm (primary right) for which recovery is sought, and t...


Government, Land Use

For most, market realities combined with the generational wrenches of housing discrimination make homeownership inaccessible. ...


Letters

Girardi’s deception unbeknownst to defense attorneys

Dec. 1, 2022
By James J. Yukevich


Appellate Practice, International Law, Law Practice

Lawyers Without Borders

Dec. 1, 2022
By David M. Majchrzak, Heather L. Rosing

It is important for California lawyers who venture into other states to have a firm understanding of what is permitted.


Ediscovery

Subpoenas: uncovering evidence from third parties in the digital age

Dec. 1, 2022
By Christopher M. Long, Sara Abdalla

Where a user configures their social media posts to be inaccessible to the general public and accessible only to their “friend...


Government, Land Use

In whose backyard?

MCLE
Nov. 30, 2022
By Michael M. Berger

The legislature has long required that a city’s zoning and general plan be consistent, but cities have become adept at evading...


Family

Mandatory reporting: a worthwhile cause

Nov. 30, 2022
By Matthew Whibley

These cases are also very difficult to prove in terms of liability and causation


California Supreme Court

California Supreme Court Review: October 2022

Nov. 30, 2022
By Alexis S. Coll, Kourtney Kinsel

Two recently-accepted cases suggest that the Court is focused on assessing the power dynamics in common contracts and that ...


Litigation & Arbitration

The three little letters

Nov. 30, 2022
By Robert S. Mann

Parties to lawsuits, especially parties who by temperament are inclined toward a focus on principle, often have unrealistic ex...


Family

We should never be Royals

Nov. 29, 2022
By Clare Capaccioli Velasquez, Ariel G. Siner

For attachment orders in financial elder abuse cases, we should never be Royals. This case clarifies and reminds practi...


Litigation & Arbitration

Depositions of commercial motor carriers

Nov. 29, 2022
By Katherine Harvey-Lee

Every deposition of a carrier should begin with the acknowledgement that minimum safety standards control the carrier and thei...


Securities

Curing a potential delisting

Nov. 29, 2022
By Sara L. Terheggen

Reverse stock splits are commonly used to avoid delisting, though they are generally seen as a sign that a company is in troub...


Labor/Employment, Tax

How IRS taxes employment settlements

Nov. 29, 2022
By Robert W. Wood

You must address the Form 1099 on your tax return, but on the right facts, you may be able to explain that the payment should ...


Labor/Employment

Torts Illustrated: Employees, yes you cann...abis

Nov. 28, 2022
By Rodney S. Diggs

It would be contradictorily disjunctive to permit cannabis use recreationally as a state, but still allow employers to discrim...


Intellectual Property, Technology

The brave new world of AI-generated intellectual property disputes

Nov. 28, 2022
By Ryan Abbott, Jackson Lucky

The court's Warhol Foundation decision will address human-generated art, but it's easy to see how its reasoning could a...


Civil Litigation

It’s notable that corporate legal teams are increasingly using commercial legal finance, as this reflects its continued normal...


Data Privacy

The California Privacy Rights Act takes effect Jan.1, but will cover data collection practices of 2022.


Entertainment & Sports

Stream It Tonight! Where the Crawdads Sing (2022)

Nov. 25, 2022
By Michael Asimow, Paul Bergman

Despite his strong defense, defense lawyer Sam Milton and viewers have to wonder whether the jurors will overcome their fear a...


Land Use, Real Estate/Development

PMQ depositions in premises liability cases are a tool utilized by plaintiffs to seek all information known to, and documents ...


Contracts, Labor/Employment

Unintended consequences of confidentiality clauses

Nov. 23, 2022
By Steven H. Kruis

The insertion of a confidentiality clause into a settlement agreement of a personal injury claim, or one for emotional distres...


Government, Slideshow

Every 24 minutes, a person dies on a rural highway. Many of those deaths are linked to extreme drop-offs at a road's edge, whi...