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Judges and Judiciary, Criminal, California Supreme Court

Cascading retroactivity

Dec. 3, 2024
By Brian M. Hoffstadt

The California Supreme Court has granted review in People v. Esquivias, which will allow the court to address the conce...


Legal Marketing, Appellate Practice

Appellate personals and want ads

Dec. 3, 2024
By Benjamin G. Shatz

A humorous exploration of the desires and frustrations of appellate lawyers through a series of creative personal ads.



Technology

Intractable problems, creative solutions

Dec. 3, 2024
By Greg Derin

The rise of AI has led to numerous copyright lawsuits, highlighting the need for creative problem-solving in this emerging field.


Business Law

Outsourcing legal and business affairs work can reduce overhead expenses, making it a cost-effective option, especially for st...



Intellectual Property, Business Law

Is reverse engineering misappropriation of trade secrets?

Dec. 3, 2024
By Katie Prescott , Autumn Wu

Reverse engineering is generally permissible under federal and state trade secret laws, but contractual obligations may impact...


My short briefs

Dec. 2, 2024
By Myron Moskovitz

Most appellate briefs are too long, with lawyers trying to use up as much of the 14,000-word limit as they can. A shorter brie...



The Hamlin court ruled that intestate heirs have a concrete interest in the estate and can challenge a trust, interpre...


Litigation & Arbitration, Judges and Judiciary, Administrative/Regulatory

Due process in action: plaintiffs' leadership roles in JCCPs

Nov. 29, 2024
By Allie Ozurovich , Jay L. Bhimani

While JCCPs help manage complex litigation, courts increasingly struggle to balance efficiency with fair representation of di...



In today's competitive legal market, lawyers are turning to business development coaches to grow their client base and stand ...


Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals

In United States v. Holmes, the Ninth Circuit ruled that law enforcement violated the Fourth Amendment by warrantles...



Labor/Employment, Administrative/Regulatory

From precedent to policy: NLRB's new captive audience meeting ban

Nov. 29, 2024
By Sehreen Ladak , Ariel Brotman

NLRB's Amazon decision ends 75 years of precedent while raising new questions about workplace communications.


Constitutional Law, California Supreme Court

Some people never quit

Nov. 27, 2024
By Michael M. Berger

Fane Lozman, a Florida resident, has had multiple legal disputes with the City of Riviera Beach, leading to two Supreme Cou...



Government, Constitutional Law

Circle the wagons, blue states

Nov. 27, 2024
By David A. Carrillo , Brandon V. Stracener

Federalism allows states and the federal government to balance power and protect individual liberty, encouraging citizens to...


Immigration, Government, Constitutional Law

Deportation responsibilities are assigned to ICE under the Department of Homeland Security, not the Department of Defense, m...



Environmental & Energy, Administrative/Regulatory

Stricter Low Carbon Fuel Standard rules ignite mixed reactions

Nov. 26, 2024
By Julie A. Cress , Shailesh Sahay

The California Air Resources Board's new Low Carbon Fuel Standard rules tighten emissions reductions and add stricter requirem...


Law Practice

The question of who?

Nov. 26, 2024
By Scott M. Gordon

In Richard v. Union Pacific Railroad, the court ruled that a retired railroad engineer with 42 years of experience co...



Adding a state civil procedure course to the curriculum would aid lower-tier schools and larger firms and would provide oppo...


Ethics/Professional Responsibility

Lessons learned from modern fictional attorneys

Nov. 26, 2024
By Heather L. Rosing , David M. Majchrzak

"So Help Me Todd" and "All Rise," and the legal ethics lessons that can be learned from the fictional attorneys in these shows.



With Trump's 2017 tax cuts set to expire in 2025, Congress faces pivotal decisions that could reshape America's entire tax lan...


Real Estate/Development, Alternative Dispute Resolution

California's complex web of rent control ordinances and tenant protection laws exposes landlords to significant liabilities, i...



Technology, Evidence

Virtual reality and spatial video are set to transform the courtroom by enabling jurors to experience evidence firsthand rathe...


Data Privacy

New year, new privacy regulations

Nov. 25, 2024
By Elliott Siebers , Patricia M. Carreiro

The California Privacy Protection Agency board has voted to advance proposed regulations to formal rulemaking, which will chan...



Judges and Judiciary

Cui bono, pro bono

Nov. 25, 2024
By Curtis E.A. Karnow

The civil courts aren't all that hospitable to the poor, as limited judicial resources and complex legal procedures put justic...


9th U.S. Circuit Court of Appeals

Ninth Circuit calls out Ticketmaster's arbitration drama

Nov. 22, 2024
By John A. Vogt , Ryan D. Ball

The Ninth Circuit struck down Ticketmaster's arbitration agreement, finding it unconscionable under California law due to pr...



Technology, Law Practice

Why lawyers need a written policy for AI use

Nov. 22, 2024
By Michael G. Colantuono

Legal organizations must implement safeguards for generative AI tools to prevent risks and ensure responsible artificial intel...


Technology, Intellectual Property

Generative AI raises thorny copyright issues, from the legality of using protected material for training to determining owners...



Constitutional Law

The Bruen and Rahimi decisions have reshaped Second Amendment jurisprudence, clarifying the scope of permissib...


Technology, Criminal

AI facial recognition technology seeks to stamp out retail theft but may falsely accuse shoppers.



Attorneys should help clients identify beneficial owners, gather required information, establish compliance systems, and ensur...


Labor/Employment

From paid sick leave to disability accommodation, temporary workers are entitled to many of the same benefits as full-time emp...