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U.S. Supreme Court, Government, Appellate Practice

Maximizing education benefits to honor servicemen: post-Rudisill

Oct. 31, 2023
By Antoinette Naddour, Brendan Ford

A recent court case threatens the ability to aggregate educational benefits under the Montgomery GI Bill and the Post-9/11 GI ...


U.S. Supreme Court, Admiralty/Maritime

The U.S. Supreme Court should seize the opportunity to adopt the Restatement with respect to maritime contracts.


Torts/Personal Injury, Law Practice, Civil Litigation

After losing more trials than I would ever admit and running the business literally into the ground, someone reached out to me...


Litigation & Arbitration, Labor/Employment

At the top of employers’ minds are bills that impact the validity of non-compete agreements (reaching beyond state lines), inc...


Litigation & Arbitration, Evidence

Last words: On dying declarations

MCLE
Oct. 30, 2023
By Ashfaq G. Chowdhury

The voice from beyond the grave – it’s not just a trope in Stephen King, but is also codified as a hearsay exception, and has ...


Technology, Intellectual Property

Generative AI must account for artists’ rights of publicity

Oct. 30, 2023
By Douglas L. Johnson, Daniel B. Lifschitz

The discourse surrounding generative artificial intelligence tools, including those that imitate celebrities’ vocals, has prim...


State Bar & Bar Associations, Ethics/Professional Responsibility

Part 3 – Money laundering and other illegal activity

Oct. 30, 2023
By Jennifer Stalvey

There are steps you can take to proactively protect yourself from clients seeking to exploit you and your CTA for nefarious pu...


U.S. Supreme Court, Intellectual Property, Constitutional Law

Although Elster’s constitutional challenge is only as-applied, the decision could impact applications to register names of any...


Litigation & Arbitration, Civil Procedure, Civil Litigation

“New-clear” verdicts – don’t blame the jurors

Oct. 27, 2023
By P. Christopher Ardalan

It’s easy for the defense to see large verdicts as the result of vindictive, angry jurors. But this ignores the fundamental co...


Law Practice, Expert Advice

In the intricate realm of law, communication is more than words; it’s a tool that can shape outcomes, foster trust, and drive ...


Government, Cannabis, Administrative/Regulatory

These three cannabis bills are meant to encourage participation in, and the lawful operation of, the licensed market by increa...


U.S. Supreme Court, Securities, Civil Procedure, Appellate Practice

Under the Sarbanes-Oxley Act of 2002, must a whistleblower prove his employer acted with "retaliatory intent" as part of his c...


U.S. Supreme Court, Land Use, Constitutional Law

In September, the U.S. Supreme Court said it will consider expanding the Nollan/Dolan test for exactions on legislative...


Litigation & Arbitration, Law Practice, Ethics/Professional Responsibility

Lessons learned from classic fictional attorneys

MCLE
Oct. 26, 2023
By Joanna L. Storey Mishler

We set the stage with examples of how fictional attorneys handled a thorny issue, and then broke down how the attorney got it ...


Health Care & Hospital Law, Government, Civil Rights

California must invest in community mental health services and housing – with input from people with lived experience of menta...


Technology, Communications Law

While the California Net Neutrality law has been widely viewed as the toughest law legislation in the country, complaints must...


Intellectual Property, Constitutional Law

Physical takings under copyright law

Oct. 25, 2023
By Michael M. Berger

Demanding the physical surrender of private property to the government when there was no quid provided for this quo ran afoul ...


Insurance, Contracts

There is no easy solution and there are competing interests creating a constant political “tug of war.” Only time will tell ho...


Intellectual Property, 9th U.S. Circuit Court of Appeals

Turning a blind eye to trademark infringement

Oct. 25, 2023
By Dariush Adli

Contributory trademark infringement based on willful blindness requires actual knowledge.


Ethics/Professional Responsibility


Criminal, Constitutional Law

The strategic question for criminal defense attorneys is, how long can we delay cases while we wait for the courts to strike d...


Government, Alternative Dispute Resolution

SB 365 could potentially lead to parallel proceedings, where the main dispute continues in court while the appeal on the defen...


U.S. Supreme Court, Constitutional Law

What to know about Culley v. Marshall

Oct. 24, 2023
By Conor Tucker

Respondents express concern that, under Mathews, a host of new procedural questions would arise, forcing federal courts to “mi...


U.S. Supreme Court, Administrative/Regulatory

Future litigants may not see dramatic changes to the existing SOX retaliation claim framework from Murray, and further ...


Entertainment & Sports, Contracts

Many of our current legislators across America were former college athletes now living back home with enormous college stadium...


Judges and Judiciary

Your son needs to know that his dad was a hero

Oct. 24, 2023
By Lawrence P. Riff

An open letter to the widow and son of murdered Family Law Judge Andrew Wilkinson of Hagerstown, Maryland.


Letters, Ethics/Professional Responsibility

Addressing misconceptions and practical application under Rule 8.3

Oct. 24, 2023
By George Cardona, Erika Doherty

Every other jurisdiction has in place a version of American Bar Association Model Rule 8.3, and California’s rule includes the...


Technology, Intellectual Property

Because of the way that streaming services compensate artists, there is a real concern that a flood of AI-generated content wi...


Environmental & Energy, Administrative/Regulatory

Practical advice for companies preparing for California’s new emissions laws

Oct. 23, 2023
By David A. Niemeyer, Blake H. Bainou

While SB 253 and SB 261 are similar to the Securities and Exchange Commission’s (SEC) proposed emissions disclosure rules that...


State Bar & Bar Associations, Ethics/Professional Responsibility

Part 2 – Internal and external threats

Oct. 23, 2023
By Jennifer Stalvey

The most common ways your Client Trust Accounts may be compromised from both internal and external sources, and how to help pr...