Torts/Personal Injury, Constitutional Law
Balancing free speech with a right to know about possible carcinogens
By Nidya Gutierrez, Aaron Zigler
If we value free speech, we must agree that businesses should not be unjustifiably compelled to issue messages to their consum...
Judges and Judiciary, Family
Guide to Family Court “Buzzwords” (Part 1)
By Patti C. Ratekin
The purpose of this guide is to provide an instant definition of most of the common terms and “buzzwords” heard in a Family La...
Judges and Judiciary, Family
Solutions for a broken family law system
By Mark E. Minyard
There are those who think that the family court does not need more judicial officers and believe it simply needs to be more ef...
Insurance
Opportunities for insisting on independent counsel
By Peter S. Selvin, Elliot Chen
Although the court's holding in Long v. Century Indemnity Co. had to do with whether Long's suit was subject to mandato...
Constitutional Law
Bump stocks, machine guns, and the rule of lenity
By Glenn E. Roper
A brief submitted by the Pacific Legal Foundation focused on the “rule of lenity,” a doctrine that requires resolving ambiguit...
As has been the case in many industries, leaders in the legal community have questioned whether it’s responsible to implement ...
Letters, Family
The Emperor Has No Clothes (in family law)
By Francisco F. Firmat (Ret.)
A system of justice that adds years to the emotional injury of divorce litigation, where justice is delayed and fractured, whe...
Law Practice
Harnessing the potential of content marketing in the legal field
By George Brandon
In this month’s edition of “The Source,” we delve into the power of content marketing in the legal field. Discover how to defi...
Mergers & Acquisitions
M&A Safe Harbor Policy bolsters deal certainty
By Joshua DuClos, Douglas Axel
The new policy has faced considerable political criticism, but critics have failed to acknowledge the valuable impact the poli...
Judges and Judiciary, Family
Family law as a training ground: the need for reevaluation
By Mark E. Minyard
Why is the family court the only court that is forced to treat its litigants with disrespect while litigants in other legal di...
Law Office Management, Ethics/Professional Responsibility
Reclaiming your books from unclaimed property
By David M. Majchrzak
One of the benefits of monthly reconciliations is that it allows lawyers to determine relatively soon who has not received the...
Corporate, Constitutional Law
The flaws of the ‘Ending Corporate Influence on Election Act’
By Audrey Perry Martin
It is crucial to recognize that corporations, like any other entity, have the right to engage in public discourse. Attempting ...
Government, Contracts, Administrative/Regulatory
Government Claims Act won’t bar actions seeking the interpretation of a contract
By Jeremiah Johnson
Government claims and declaratory relief: Stronghold Engineering Inc. v. City of Monterey. The 6th District ruled that ...
Tax, Law Practice
Is settling now, payment in January constructive receipt?
By Robert W. Wood
You have likely heard of the tax concept of constructive receipt. This tax rule only applies to cash basis taxpayers. And rega...
Criminal, Constitutional Law
School districts are circumventing sexual abuse claims via gifts of public funds clause
By Lauren A. Cerri
School districts continue to throw illegitimate roadblocks to their responsibility to protect minor students from sexual abuse...
Land Use, Administrative/Regulatory
My second-most memorable client
By Myron Moskovitz
John Maher was a human dynamo – an unstoppable bundle of Irish charm and street smarts. A good-looking, smooth-talking guy wit...
Securities, 9th U.S. Circuit Court of Appeals
No lead plaintiff status, no standing ruling draws dissent and an appeal
By Jonathan D. Uslaner, Lauren M. Cruz
Ninth Circuit says that investor who failed to stand up and seek lead plaintiff status has no standing to appeal an adverse ru...
Judges and Judiciary, Family
A plea to implement prior recommendations to family law courts
By Mark E. Minyard
Perhaps, if all California family law judicial officers simultaneously requested reassignment out of family court, Gov. Gavin ...
When a juvenile offender commits a violent and dangerous crime such as murder or predatory sexual assault and that offender is...
Labor/Employment, Construction
What lawyers and contractors need to know about minimizing exposure
By Xenia Tashlitsky
Strategies for minimizing exposure under California Labor Code Sections 218.7 and 218.8.
California Supreme Court
California Supreme Court Review: October 2023
By Andrew S. Ong, Ariel E. Rogers
Two cases are pending before the California Supreme Court: One involving the learned intermediary doctrine; the other whether ...
Technology, Intellectual Property
Music, AI basics and how the Beatles are as human as ever
By Jesse E. Morris, Alexandra Mayo
The Beatles recently released a song titled “Now and Then” which used AI to separate John Lennon’s vocal stems from piano so t...
Civil Procedure, 9th U.S. Circuit Court of Appeals
Getting to trial in federal court now means beating qualified immunity
By V. James DeSimone
Qualified immunity only serves to deny our clients’ Constitutional rights and there is good case law on our side in the 9th Ci...
Construction, Administrative/Regulatory
A dangerous loophole in CSLB’s mechanical suspension policy
By Kenneth J. Freed, Jakob Sergei Weitz
There are far too many cases in which the Contractor’s State License Board has wrongly failed to suspend related licenses, ins...
Entertainment & Sports
Stream It Tonight! 'The Burial' (2023)
By Paul Bergman, Michael Asimow
The filmmakers passed up a golden opportunity to portray the ineffectiveness of the defense team in the actual case. In a post...
Torts/Personal Injury
Third-party liability in negligent security cases
By Mary E. Alexander
To succeed in holding these entities liable, the crime must be reasonably foreseeable, giving rise to a duty to protect the pu...
Judges and Judiciary, Family
A call for effective change in California’s family law courts
By Mark E. Minyard
Thirteen years after the Elkins Family Law Task Force created a series of recommendations to ensure access to justice and due ...
Torts/Personal Injury, Constitutional Law
First Amendment triumphs over Prop 65 warnings
By Amber Trincado, David M. Barnes
Developments on California Proposition 65: First Amendment, short-form warnings, and food products.
State Bar & Bar Associations, Legal Education
Latest bar exam results – continuing a decade-long decline
By John Schunk
For those interested in statistics, the median test taker’s score has declined by about one-third of a standard deviation. Whe...
The Second Amendment helps preserve our other amendments and protect us from criminals, invaders, rebels, and wild animals. Lo...