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...
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.
Intellectual Property
Collaborations gone south – trade secret lessons
Companies engaging in a collaboration with another company may consider steps to protect their trade secrets and insulate them...
California Supreme Court
California Supreme Court Review: December 2022
This month's installment examines the implications of the California Supreme Court's forthcoming decision in Turner v. Victoria.
Government
Some legal structures make intergroup work difficult
The troubling recording of three councilmembers and a labor leader that was released in October confirms that politicos of all...
Law Practice, Appellate Practice
Creative Rap is Not Evidence Against Me: C.R.E.A.M.!
Under AB 2799, prosecutors need to do more than present rap lyrics or expressions depicted in music videos in order to get a c...
Technology, Judges and Judiciary
Machine intelligence in court: bias & transparency
AI is only as good as its training, and it’s tough for users (and the public) to determine the bias resulting from limited tra...
Environmental & Energy
Will climate tech survive the market downturn?
Over the last few years, there have been a confluence of events and circumstances that are fueling encouraging levels of inter...
Litigation & Arbitration, Contracts
So you think you have a binding arbitration agreement?
You may have waived it. What California businesses and employers need to know.
Technology, Law Practice, Appellate Practice
The future of artificial intelligence in law firms
For the skeptics out there, AI’s impact on the legal industry is relatively nascent.
Litigation & Arbitration
Successful mediation is a two-way street
Attorneys are expected to get a “win” for the client and must be seen as taking a strong stand on their behalf. This is laudab...
Law Practice, Appellate Practice
Reporting lawyer misconduct is just good business
The harsh reality is that if one of our peers crosses a line, we generally turn a blind eye, many times for fear of reprisal.
Administrative/Regulatory
Amendments to California franchise laws in the New Year
The amendments are largely technical updates supported and advocated by many franchisee organizations, but represent significa...
Intellectual Property
Voluntary cessation doctrine in trademark cases
A recent federal district court decision illustrates the contours of the voluntary cessation doctrine and provides a roadmap o...
Law Practice
2022 in Review: Cases Involving Lawyers
It’s been a bellwether year– procedurally – for the anti-SLAPP statute in cases involving lawyers.
Law Practice, Appellate Practice
Trial tips for direct and cross-examination
The most effective lawyers at cross-examination ask only questions calling for a “yes” or “no” answer.
Labor/Employment
The clock is ticking on rounding
Employers who round time adjust employees’ hours worked might have made sense in a pre-technology era in which handwritten tim...
Law Practice, Appellate Practice
Leading questions and cause challenges
Code of Civil Procedure sections 225 and 229 specify grounds for a cause challenge based upon bias, either implied or actual. ...
Lawyer's Guide to Legal Writing, Law Practice, Appellate Practice
Bah Humbug
We see a surprising number of briefs that level ad hominem attacks on the opposing party, opposing counsel, and the trial judg...
Technology, Data Privacy
The recent Minnesota district court decision suggests that a "data breach" triggering cyber coverage may occur where a bad act...