Civil Procedure, 9th U.S. Circuit Court of Appeals
While the decision eliminated one potential tool for cannabis companies to protect themselves against predatory and unethical ...
Technology
Did I write this column or …?
One can imagine the turmoil that will occur when ChatGPT decides to take credit for what it writes. Believe me, that is in the...
Wills, Estates & Trusts
In the trust and estate context, ethical rules take on a bigger role as an attorney advising a fiduciary or a beneficiary may ...
Real Estate
This year, the city of Anaheim offered a prime example of what not to do in response to NIMBY pressures to prohibit unwanted p...
Intellectual Property, Antitrust & Trade Reg.
A control group is not always needed, but be cautious about skipping one, and make sure it is an intentional and educated choice.
Banking, Securities
2023 IPOs: bull or bear market?
Delaying an IPO debut during a year when a company’s business and strategy were tested could be a recipe for potential disaster.
Technology
The Chatbot lawyer
While the A.I. response is interesting, even thought-provoking, it is not on the mark. It mixed general ethics issues with tho...
Government
The reasonably careful jaywalker
Why did the chicken cross the road? Because he didn’t have to use a crosswalk to get to the other side.
Contracts, Intellectual Property
Before you leave, check your employment contract to see what post-departure restrictions there may be, such as non-solicitatio...
Tax, U.S. Supreme Court
When the government knows a law firm caters to a particular type of client – worst case, criminals not known to the government...
Contracts
Non-competes no more?
The Non-Compete Clause Rule was an unprecedented move by the FTC, both because the agency had not previously attempted to regu...
Litigation & Arbitration, Wills, Estates & Trusts
Logical analysis may give structure to estate or trust negotiations. But each dispute will be based on factors that cannot con...
California Supreme Court
The persuasive attorney and wise jurist recognize that the historical underpinnings of a law, decision, or custom is critical ...
Law Practice, Appellate Practice
2023 headwinds and your practice
Some partners will be de-equitized, while others will be gently nudged out. We are already seeing an increase in “stealth layo...
Government, Judges and Judiciary
Of the 26 recent vacancies on the federal courts in California, only 11 remain – with nominees pending confirmation in the Sen...
Tax
The U.S. Supreme Court has agreed to decide whether the IRS may issue a summons seeking an innocent party’s records without pr...
Law Practice, Appellate Practice
These disclosures promote compliance with rules of professional conduct, which require the client, and not an unnamed entity b...
Government, Consumer Law
In 2018, sidewalk food vending was first decriminalized through Senate Bill 946. After that, however, local authorities could ...
Wills, Estates & Trusts, Real Estate
Exempt fiduciary sellers and their duty to disclose
If an Exempt Seller has a Death Certificate in their possession which indicates there was a death on the property and they res...
Law Practice, Appellate Practice
Trial tips for a winning closing argument
I am constantly surprised how many defense lawyers fail to go through the verdict form in their one shot at closing argument. ...
Technology, Data Privacy
Uber scrutiny of cybersecurity
What general counsels and company leaders need to know about transparency and accountability for data breaches
Judges and Judiciary, California Courts of Appeal
The undead
l am like a fugitive from a horror movie, one of the undead. Luckily, I don’t enter the courtroom from the entrance, an unnerv...
Military Law, Family
Veterans issues come to family law
Senator Susan Talamantes Eggman was the right person at the right time for veterans in family law matters.
Litigation & Arbitration, Insurance
One of the most notable changes required by SB 1155 is the time an insurance company must be given to act on a pre-litigation,...
Wills, Estates & Trusts
No contest clauses come in all shapes and sizes, from a single paragraph to a dozen pages, and courts have found their enforce...
Law Practice, Appellate Practice
The first step is to recognize that the Rules of Professional Conduct require you to have a succession plan in place.
Labor/Employment
One can easily foresee the potential issues raised by the new law, and its impact on employees and employers, as well as the c...
Government, Family
Preconception, prenatal and postnatal considerations
An unborn child whose father has died due to another’s tortious conduct may bring an action for the wrongful death of that par...
Insurance
This law is a positive step toward regulating the use of “time-limited demands” in third-party liability claims, but it is lim...
Technology, Family
When is a post not a post?
Domestic Violence and social media are not a match made in heaven.