Real Estate/Development, Land Use, Government
Forced sale of public nuisance property not a taking
By Bradford B. Kuhn, Jillian Friess Leivas
On appeal, the Court explained that while the government must pay when it takes private property, including a lien, there is a...
Law Practice, Appellate Practice
Poking holes in CDA Section 230 immunity
By Douglas E. Mirell
Fortunately, there are a few cases that have poked some holes in the liability barrier erected by Section 230 – thanks largely...
True gifts are not income the IRS can tax, but the line between what is income and what is a gift is sometimes disputed.
President Biden has proposed what he calls the “Billionaire Minimum Income Tax” as part of his new budget. The title is a misn...
Torts/Personal Injury
Recent decisions provide a roadmap for securing D&O insurance coverage for settlements with the SEC
By Rebecca L. Sciarrino, Jeremy A. Lawrence
In order to obtain coverage for disgorgement settlements, policyholders need to overcome a series of hurdles.
Legal Education
Constitutionality of proposed Hastings’ name change by California legislators questioned under contract theory
By Kris Whitten
By asking the Legislature to change the College’s name, its Board of Directors is attempting to impair the contract that creat...
Law Practice, Judges and Judiciary, Appellate Practice
Appellate review of the failure to exercise discretion
By David M. Axelrad
When evaluating a trial court’s rulings for potential abuse of discretion, look not only for both unreasonable trial court rul...
Government, Data Privacy
Congress is considering several bills involving privacy
By Anita Taff-Rice
One of the most interesting pieces of legislation that ought to have a chance of passage is S.500 – a bipartisan bill that wou...
Judges and Judiciary, Government
DA Gascón deliberately obstructs justice for victims
By Kathleen Cady
Victims are traumatized by crime. When the elected prosecutor tramples their rights and abandons them, they are traumatized a ...
Law Practice, Appellate Practice
CPRA series: Part II - Consumer rights
By Ron Raether, Kamran Salour
The CPRA modifies the rights afforded to California residents under the CCPA and creates new rights, such as the right to limi...
Technology, Judges and Judiciary
Bring transparency to our prison system!
By James P. Gray
As an example, one of my correspondents wrote to me that he is Jewish, and he had heard that some fellow inmates who were skin...
Law Practice, Appellate Practice
The degrading of the legal profession by mega-advertising programs
By George K. Rosenstock
The airwaves, billboards, and internet, are now flooded with legal advertising – one result of which is to generate tens of mi...
Law Practice, Judges and Judiciary, Appellate Practice
A jury of one’s peers? California’s pioneering efforts to reduce implicit bias in the courtroom
By Ashley M. Conlogue
Despite Batson/Wheeler, Black jurors are the subject of peremptory challenges about 72% of the time. In contrast, White jurors...
Entertainment & Sports
Stream It Tonight! The Talk of the Town (1942)
By Paul Bergman, Michael Asimow
Law is more than words on a page; its spirit must be engraved on our hearts. Many decades later, this speech still rings true.
Letters, Contracts
Martorell Law APC points out Suicidal Tendencies royalties litigation victories
By Eduardo Martorell
Health Care & Hospital Law, Criminal
AB 124, Banner decision, and their implications on mental health diversion
By Eric H. Schweitzer
Due to AB 124 and other recently passed laws, it is more imperative than ever for lawyers and judges to be aware and informed ...
Labor/Employment, Entertainment & Sports
June trial poised to be a home run for minor league players
By Frank N. Darras
The players who embody the future of the game earn an annual salary of between $4,800 and $15,400. They also live in terrible ...
Entertainment & Sports
Stream It Tonight! A Place in the Sun (1951)
By Michael Asimow, Paul Bergman
The movie is based on Theodore Dreiser’s classic novel “An American Tragedy” (1925). The deeper story is about the American cl...
In “tea rooms” or “shade rooms,” teens regularly post disparaging comments and photos of their peers and engage in online bull...
Technology, Labor/Employment
The union victory at Amazon’s Staten Island warehouse – a new way to organize?
By Eli M. Kantor, Jonathan D. Kantor
One employee, Chris Smalls, was frustrated by H.R.’s lack of responses to workers’ demands, so he organized an employee walkou...
Law Practice, Appellate Practice
Biting the hand that feeds me: Part I
By Myron Moskovitz
How many of us are quick enough on our feet to come up with a persuasive rebuttal to a new twist we’ve never seen before – on ...
Antitrust & Trade Reg.
US DOJ gives important new guidance for antitrust leniency
By Steven N. Williams
To date, only one court has entered an order finding satisfactory cooperation and a limitation of damages pursuant to ACPERA. ...
Litigation & Arbitration
Language barrier and oppressive tactics means arbitration agreement won’t be enforced
By Ryan D. Kashfian, Robert A. Kashfian
The employee was told the English-language agreement involved a change of company, not that it waived his right to a jury tria...
Law Practice, Judges and Judiciary, Appellate Practice
Make sure your court reporter is really a court reporter
By Melissa B. Buchman, Mary E. Pierce
Courts are used to warning counsel about “bells” that cannot be “unrung” for the jury, but it turns out a fatally flawed trans...
Tax, Real Estate/Development, Land Use, Civil Rights
Buy now and get paid later (RLUIPA and religious institutions)
By Karen A. Feld
City ordinances need to be carefully crafted so they do not single out religious institutions in name or application.
Law Practice, Judges and Judiciary, Appellate Practice
Careful jury selection not about undue consumption of time
By Barbara Adams
Under the new law (CCP Section 231.7), either the judge or opposing counsel can raise an objection if it appears that the pere...
Government, Environmental & Energy
Gov. Newsom’s 2022-2023 budget: It takes green to go green
By Peter Hsiao
Corporations and others looking to conduct business in California would be wise to consider the implications of Gov. Gavin New...
Law Practice, Labor/Employment, Appellate Practice
Four ways to prevent the Great Resignation from ravaging your firm
By Danny Abir
With so much employee mobility today, law firms need to create an environment where their best people don’t want to leave.
Health Care & Hospital Law, Government
Proposition 83 (Jessica’s Law): Is possession of child pornography still a wobbler (a possible misdemeanor)?
By David J. Cohen
What we have, then, is a conflicted opinion about an anomalous statute. In re H.N. first finds § 311.11(a) to be a wobbler and...
Anytime you are playing with ownership and who really owns what, be careful, and be realistic. You really shouldn’t have to pa...