U.S. Supreme Court, Government, Appellate Practice
Maximizing education benefits to honor servicemen: post-Rudisill
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 murky waters where state law and federal maritime law converge
By Nicholas J. Neidzwski
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
When the bedbugs start biting, I start fighting
By Brian Virag
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
California lawmakers approve new employment and procedural laws for 2024
By Kristina M. Launey
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
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
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
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
First Amendment and trademark registration: Vidal v. Elster argument preview
By Conor Tucker
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
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
The power of persuasion and enhancing client communication
By George Brandon
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
Governor signs 3 cannabis bills to disrupt illicit market and address worker exploitation
By Shay Aaron Gilmore
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
Murray v. UBS Securities, LLC - SOX retaliation burden-shifting will likely not shift
By Shannon H.P. Ward
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
Developers and city planners will be watching this case closely
By Ritchie Vaughan
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
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
CARE Court will become a path toward institutionalization
By Debra Roth
California must invest in community mental health services and housing – with input from people with lived experience of menta...
Technology, Communications Law
Will the FCC finally win the network neutrality ping pong match?
By Anita Taff-Rice
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
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
Wildfires spark challenges within the insurance market
By Chinye Uwechue
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
By Dariush Adli
Contributory trademark infringement based on willful blindness requires actual knowledge.
Ethics/Professional Responsibility
Promoting integrity and inclusion: California’s formal recognition of the link between civility and bias
By Wendy L. Patrick
Criminal, Constitutional Law
Pending cases involving gun laws remain in limbo
By Don Hammond
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
California’s detour from automatic arbitration appeal stays
By Tuyana Molokhoeva
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
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
Key employer takeaways from oral arguments in Murray v. UBS Securities
By Brian Neil Hoffman
Future litigants may not see dramatic changes to the existing SOX retaliation claim framework from Murray, and further ...
Entertainment & Sports, Contracts
How USC’s Shield can lead the way for NIL in college sports
By Frank N. Darras
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
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
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
Addressing the limitations of the right of publicity in the world of AI
By Ashley R. Yeargan
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
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
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...