Insurance, Data Privacy, California Supreme Court
California Supreme Court recognizes broad privacy insurance coverage
By Timothy Law
The California Supreme Court recently ruled that general liability insurance can apply not just to the right of secrecy but al...
U.S. Supreme Court, Intellectual Property
Intellectual property at the Supreme Court
By David Lisson, Philip T. Sheng
The Supreme Court turned its attention to intellectual property in a big way in 2022, taking up cases that could significantly...
Law Practice, Appellate Practice
Remembrance of times in the future with apologies to Marcel Proust
By Arthur Gilbert
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
Great Depression: illegal deportations or deportations of illegals?
By John S. Caragozian
Lest we think of these events as ancient history, some of our fellow Californians – living, but now elderly – endured and stil...
Law Practice, Appellate Practice
The blood, sweat and cancel culture that goes with being a televised legal analyst
By Dana M. Cole, Robin Sax
The public's unending modern day fascination with celebrities in trouble began with the televised Zsa Zsa Gabor Beverly...
Labor/Employment, Health Care & Hospital Law
Employees cannot be penalized for reproductive health choices
By Kamran M. Shahabi
In November, voters approved Proposition 1, explicitly adding abortion and contraception rights to the state’s constitution.
Law Practice, Appellate Practice
Proposed Orders – creating a solid foundation for appeal
By Kirstin Ault
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
By David M. Axelrad
The prudent pleader will initiate litigation by first identifying the harm (primary right) for which recovery is sought, and t...
Land Use, Government
Why Senate Bill 9’s anti-displacement measures fall short
By Sadara DeVonne
For most, market realities combined with the generational wrenches of housing discrimination make homeownership inaccessible. ...
Law Practice, International Law, Appellate Practice
Lawyers Without Borders
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
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...
The legislature has long required that a city’s zoning and general plan be consistent, but cities have become adept at evading...
These cases are also very difficult to prove in terms of liability and causation
California Supreme Court
California Supreme Court Review: October 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 ...
Parties to lawsuits, especially parties who by temperament are inclined toward a focus on principle, often have unrealistic ex...
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
By Katherine Harvey-Lee
Every deposition of a carrier should begin with the acknowledgement that minimum safety standards control the carrier and thei...
Reverse stock splits are commonly used to avoid delisting, though they are generally seen as a sign that a company is in troub...
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 ...
It would be contradictorily disjunctive to permit cannabis use recreationally as a state, but still allow employers to discrim...
Technology, Intellectual Property
The brave new world of AI-generated intellectual property disputes
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
The state of the legal finance industry in California post-Covid
By Jonathan Owen
It’s notable that corporate legal teams are increasingly using commercial legal finance, as this reflects its continued normal...
Data Privacy
New agency set to tackle lackluster enforcement of privacy law
By Anita Taff-Rice
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)
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...
Real Estate/Development, Land Use
The Catch 22 of confirming a prior dangerous condition or opening the door to subsequent remedial measures
By Jeffrey A. Rudman
PMQ depositions in premises liability cases are a tool utilized by plaintiffs to seek all information known to, and documents ...
Labor/Employment, Contracts
Unintended consequences of confidentiality clauses
By Steven H. Kruis
The insertion of a confidentiality clause into a settlement agreement of a personal injury claim, or one for emotional distres...
Slideshow, Government
Rural highways are disproportionately and unnecessarily dangerous
By Brett Schreiber
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...
Judges and Judiciary, Ethics/Professional Responsibility
Can judges compliment lawyers?
By Wendy L. Patrick
The practical application of professional ethics where appearances might influence the perception of reality, especially at a ...
Law Practice, Appellate Practice
Coping with stresses of the legal field
By Angela Han
The point is to follow our own truth so that our external circumstances matter less, making the journey itself worthwhile and ...