Under current California law, a woman only has to be present in the state and fleeing from domestic violence in order to seek ...
Law Practice, Labor/Employment, Appellate Practice
Addressing California’s justice gap via a pathway to licensure
By Claire M. Solot
It is time for California to recognize that clinging to an outdated methodology to license attorneys serves only one purpose: ...
Legal Education
Berkeley law competition puts students in the hot seat
By Spencer J. Pahlke
The competing schools include winners of every major national mock trial competition for the last two years, as well as the sc...
A trimmed down rendition of the original $1.75 trillion Build Back Better Act, this legislation introduces significant new tax...
Litigation & Arbitration, Constitutional Law
Recent SCOTUS opinions on arbitration statutes
By Gary A. Watt, Patrick Burns
Absent truly ambiguous text, public policy arguments appear to be taking on a diminishing role. Then again, so has stare decisis.
Land Use, Government, Environmental & Energy
Oil and gas and cities – Oh, my!
By Michael M. Berger
Everything is big in Texas. So the stakes were high. Trinity’s appraiser testified that, before the permit denial, the fair ma...
With the recent filings against California businesses alleging multiple violations of equal employment opportunity laws protec...
Intellectual Property, Health Care & Hospital Law
Moderna fires first shot in COVID vaccine patent wars
By Dariush Adli
Moderna explains this apparent about-face by pointing out that it refrained from asserting its patents earlier so as not to in...
Many Americans failed at mining and began to look at business, farming and ranching as alternatives, but Bay Area and Sacramen...
Tax, Entertainment & Sports
IRS may compromise tax debts, even if you’re a celebrity
By Robert W. Wood
Arguably among the most satisfying of all bills to discount is your tax bill. You might well acknowledge that you owe the taxe...
Technology, Intellectual Property
Algorithms as trade secrets
By Randall E. Kay, Kristin Lahaszow
Why the New York Times and TikTok Are More Similar to Each Other Than You Think
Entertainment & Sports
Stream it Tonight! A Few Good Men (1992)
By Michael Asimow, Paul Bergman
In addition to providing superior entertainment, the movie shows how a writer (Aaron Sorkin) can use the courtroom format to s...
Intellectual Property, Entertainment & Sports
The year-end NIL playbook for lawyers
By Frank N. Darras
Cash upfront in exchange for a percentage of backend earnings is not a new concept, but since it is still in its infancy in co...
Real Estate/Development, Government
Challenges to adequate housing measures continue
By Jeffrey Carlin, Kathleen Hill
California has approved Los Angeles’s updated housing element addressing the City’s pervasive lack of adequate and affordable ...
A renaming exposes the school to “unknown and potentially enormous” financial risks. It also suddenly creates a law school wit...
Real Estate/Development, Government, Environmental & Energy
California’s environmental state agencies are converting CEQA’s anti-project Howitzer into a Neutron Bomb.
By Jennifer L. Hernandez
Take a sober look at California's worst-in-the-nation poverty rate and the shameful fact that the vast majority of our poor ar...
Law Practice, Appellate Practice
Seven practical tips for healthy companies that do business with not-so-healthy companies
By Robbin L. Itkin
While “cash is king” and it is beneficial to be paid by someone who owes you money, you must recognize that under certain circ...
Should AB 1936 pass and be signed by Governor Gavin Newsom, it will remove the taint of association with Serranus Hastings but...
Health Care & Hospital Law
Information about hazardous products shouldn’t be a secret
By Vineet Dubey
The reality is that most people never hear about deceitful marketing practices or other bad acts of companies that put out dan...
Securities, Data Privacy
Critics urge SEC to scale back cyberattack reporting to lesser California requirement
By Anita Taff-Rice
One of the most controversial parts of the SEC’s rules proposal is a requirement that companies report a cybersecurity inciden...
Democracy should be coveted for the equal opportunity it affords its citizens, but also for its track record of success.
Education Law, Civil Rights
It’s no Surprise that Florida’s Anti-WOKE Law violates freedom of speech
By Leonid M. Zilberman
The simple truth is that employers who create diverse and inclusive workplaces get sued less – and fewer claims mean lower leg...
Government, Ediscovery
Court’s downplaying of video in police misconduct case was a mistake of fact
By V. James DeSimone
In light of numerous prior decisions in high-profile police misconduct cases, including the George Floyd criminal verdicts, it...
Tax
Business seller’s bonanza: capital gains (not ordinary income) tax
By Stephen Mihaly, Bruce Givner
Happily, the Internal Revenue Code has a rule that should allow Seller and Buyer to salvage their initial handshake deal.
Data Privacy, Administrative/Regulatory
What costs more than privacy compliance? Apparently, everything
By David Zetoony
Could the California Privacy Protection Agency really believe that compliance with the proposed regulations would be less than...
Real Estate/Development, Insurance
Coastal properties and insuring flood risk
By Kirk A. Pasich
Coastal property owners will face an increasing challenge – pressure on public agencies not to spend taxpayer money to protect...
Constitutional Law
Codifying Roe v. Wade will prove to be abortive
By Richard A. Nixon
Congress has used its power under the Commerce Clause to do many things not authorized by the Constitution. This proposed use ...
Technology
Website accessibility: Martinez v. Cot’n Wash gets it wrong
By Areta K. Guthrey
No one can dispute that the internet is a fundamental part of community life.