Judges and Judiciary, Criminal, California Supreme Court
Cascading retroactivity
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
By Benjamin G. Shatz
A humorous exploration of the desires and frustrations of appellate lawyers through a series of creative personal ads.
The rise of AI has led to numerous copyright lawsuits, highlighting the need for creative problem-solving in this emerging field.
Business Law
Why your business needs outside legal and business counsel
By Quincy C. Newell
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?
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
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...
Appellate court expands and clarifies the right of litigants to challenge trusts
By Mark J. Phillips , Jake V. Phillips
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
By Allie Ozurovich , Jay L. Bhimani
While JCCPs help manage complex litigation, courts increasingly struggle to balance efficiency with fair representation of di...
Law Practice
The Strategic Advantage: Why Lawyers Should Consider a Business Development Coach to Grow Their Book of Business
By George Brandon
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
9th Circuit finds no good faith exception justifying warrantless examination of contraband images
By Dmitry Gorin , Alan Eisner
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
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
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
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
The military is not authorized to conduct 'mass deportations'
By Allan Lee Dollison
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
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...
In Richard v. Union Pacific Railroad, the court ruled that a retired railroad engineer with 42 years of experience co...
Letters
State constitutions and civil procedure deserve their day in class
By William Slomanson
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
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
Despite Prop 33 defeat, landlord-tenant disputes remain costly and complicated
By Nolan Armstrong
California's complex web of rent control ordinances and tenant protection laws exposes landlords to significant liabilities, i...
Technology, Evidence
How virtual reality and spatial video will transform the courtroom
By Nathan Missaghi
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
By Elliott Siebers , Patricia M. Carreiro
The California Privacy Protection Agency board has voted to advance proposed regulations to formal rulemaking, which will chan...
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
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
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 artificial intelligence and copyright: Who owns the rights?
By Victor S. Dorokhin
Generative AI raises thorny copyright issues, from the legality of using protected material for training to determining owners...
Constitutional Law
Gun legislation: Key changes after Bruen and Rahimi rulings
By Philip M. Howe
The Bruen and Rahimi decisions have reshaped Second Amendment jurisprudence, clarifying the scope of permissib...
Technology, Criminal
'Tis the season for facial recognition technology in retail stores
By Anita Taff-Rice
AI facial recognition technology seeks to stamp out retail theft but may falsely accuse shoppers.
Corporate
Why attorneys need to address the Corporate Transparency Act today
By Brandon Largent
Attorneys should help clients identify beneficial owners, gather required information, establish compliance systems, and ensur...
Labor/Employment
What employers need to know about hiring temporary and seasonal employees
By Brooke B. Tabshouri
From paid sick leave to disability accommodation, temporary workers are entitled to many of the same benefits as full-time emp...