The advantages and disadvantages of the inquisitorial system, such as the lack of plea bargaining, the role of the presiding j...
Business Law
Exploring the rise, fall, and potential renaissance of ghost kitchens
By Alon Lagstein
Ghost kitchens faced several problems as lockdown measures eased and consumers returned to dining out. But they are not doomed...
Intellectual Property
Observations on the practice of transactional IP law
By Ken D. Kumayama
The convergence of technologies from different industries, such as cars and computers, has expanded the scope of tech trans la...
City Councils are attempting to direct U.S. foreign policy and override the authority of local police, with some officials pro...
Intellectual Property
Warzone clash: When does a video game title cross the line into trademark infringement?
By David Martinez , Navin Ramalingam
Activision and Warzone.com recently faced a trademark dispute over the use of the word "Warzone" in the title of Activision's ...
Technology, Health Care & Hospital Law
Healthcare entities must be cautious when using AI to avoid discrimination and maintain clinical oversight
By Alice Hall-Partyka
Healthcare companies must ensure clinical oversight, especially where the tools assist with functions traditionally performed ...
Criminal, Constitutional Law
Trump’s criminal case as the prosecution’s favorite trick
By Victor S. Dorokhin
The prosecution uses Michael Cohen's conviction as indisputable evidence of Trump's crimes, preventing Trump from challenging ...
Loss of more than an election
By A. Marco Turk
If Trump loses the 2024 presidential election and refuses to accept the outcome, self-interested lawyers who supported Trump's...
Alternative Dispute Resolution
Shaping tomorrow’s dispute resolution: A guide for California lawyers
By Shane Mulrooney
Alternative dispute resolution (ADR) can offer parties more flexibility, efficiency, and cost savings than traditional litigat...
Tax
Biden’s proposed tax increases will hurt, especially in California
By Robert W. Wood
The proposed federal tax hikes will hit harder in California than in some other states, as California already has the highest ...
U.S. Supreme Court, Intellectual Property
To rule or not to rule, that was the question in Nealy v. Warner-Chappell
By David M. Given
The U.S. Supreme Court has, for now, allowed claimants to recover damages for acts allegedly occurring more than three years b...
Antitrust & Trade Reg.
Against the 'Europeanization' of California's antitrust law
By Geoffrey A. Manne , Dirk Auer
Adopting the European model of antitrust law could harm California’s economy, especially its technology industry and its start...
Constitutional Law, 9th U.S. Circuit Court of Appeals
The 9th Circuit ignored the law and common sense
By Erwin Chemerinsky
The court’s decision contradicts previous Ninth Circuit decisions and Supreme Court statements that the Second Amendment appli...
Ethics/Professional Responsibility, Data Privacy
Can you keep a secret? Pursuing professionalism and privacy
By Wendy L. Patrick
The California State Bar is considering adding privacy law as a new area of legal specialization, which would require lawyers ...
Labor/Employment, California Supreme Court
California Supreme upholds employer’s good faith belief defense against Labor Code Section 226 Penalties
By Theodore E. Bacon , W. Michael Hensley
A defense is available to employers when it comes to section 226 premium penalties, based on dictionary definitions of “knowin...
Being nominated to the US Supreme Court is not an honor worth pursuing, as it involves lying, politicization, and elitism.
Government, Criminal, Constitutional Law
New options for campuses in sexual assault hearings following Title IX rule changes
By Lynzie DeVeres , Ilona Turner
The Biden administration recently revised Title IX regulations that govern how colleges and universities handle sexual assault...
The Equal Employment Opportunity Commission (EEOC) has updated its harassment guidelines for the first time in 25 years. The n...
Ethics/Professional Responsibility
Encouraging government lawyers to engage in the worst legal shenanigans
By Deborah J. La Fetra
The DeVillier v. Texas case highlights the need for government officials to act in good faith when dealing with citizen...
Labor/Employment
Understanding violence and harassment in the workplace
By Francisco Mundaca
Businesses and workers lose more than $50 billion each year to workplace misconduct, but it doesn’t have to be this way.
Family
'You have been sued' - and other unwitting insults of the procedural divorce
By Jennifer Winestone , Jeffery S. Jacobson
SB 1427 passed on the consent calendar in the California State Senate on May 9, 2024, and has been referred to the State Assem...
Entertainment & Sports
Why the NCAA’s greatest rival is the US government
By Frank N. Darras
The NCAA is at risk of losing its power and relevance, unless it can reform its rules and governance, and address the emerging...
Ethics/Professional Responsibility
Safeguarding client secrets: Considerations for attorneys traveling abroad
By Shari L. Klevens , Alanna G. Clair
The ABA has urged the Department of Homeland Security to modify and clarify the directives for border searches of lawyers’ dev...
Labor/Employment
The components of effective and defensible workplace investigations
By Jaya Bajaj
Employers should conduct a thorough and fair investigation when they receive or observe a workplace complaint, which involves ...
Torts/Personal Injury
Pedestrian fatalities have spiked. Who’s to blame?
By Reza Torkzadeh , Allen P. Wilkinson
California has one of the highest rates of pedestrian-motor vehicle accidents in the US, with over 1,100 pedestrians killed an...
Securities, ESG
Navigating the evolving landscape of climate disclosures: SEC, CSRD and beyond
By Kristen Sullivan
Recent climate disclosure regulations can be a catalyst for business transformation, as companies can use sustainability data ...
Corporate, Administrative/Regulatory
DOJ whistleblower immunity: A troubling expansion of protection to corporate wrongdoers
By Michael A. Piazza
The DOJ's immunity program may undermine the effectiveness of internal compliance and reporting mechanisms in corporations, as...
California courts have seen a surge in filings for childhood sexual abuse cases due to the legislature's decision to extend th...
Appellate lawyers should have a heightened interest in who works behind the scenes in appellate chambers, as they can have a m...
Mergers & Acquisitions, Corporate
Delaware courts’ reliance on non-legal experts for dispute resolution is concerning
By Scott M. Wornow
Delaware needs to fix a broken dispute resolution process affecting Delaware-governed contracts, particularly M&A agreemen...
Torts/Personal Injury, Construction
Brown v. Beach House Design & Development provides a cautionary tale for contractors
By Garret D. Murai
A recent appellate case highlights the importance of avoiding turning a blind eye to the use of equipment by subcontractors, a...
Technology, International Law
The TikTok ban encroaches on private rights and sets a concerning precedent of limiting freedom of speech
By Xinying Huang
The recent bill to ban TikTok in the United States highlights the country's complacency and overconfidence, potentially underm...
Judicial opinions should be clear, comprehensible, and authentic. Otherwise, opinions should take a TV drug commercial approac...