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Law Practice

I didn’t do it

May 3, 2024
By Arthur Gilbert

Judicial opinions should be clear, comprehensible, and authentic. Otherwise, opinions should take a TV drug commercial approac...


Legal Education

Teaching Abroad Part II: The Play

May 3, 2024
By Myron Moskovitz

Examining a foreign judicial system can help us question our assumptions and goals, and there is no simple answer to which sys...



Labor/Employment

The California Supreme Court again addresses 'hours worked' for nonexempt employees

May 3, 2024
By George S. Howard Jr. , Jessika Russell

The California Supreme Court recently clarified which hours are compensable for employees ...


Government, Constitutional Law

The ruling could have broader implications for future state legislation that attempts to supersede charter cities’ authority o...



Data Privacy

Businesses beware – privacy plaintiffs are looking at you, too

May 3, 2024
By Eric Bakewell , Susan Rohol

Plaintiffs have filed a wave of privacy complaints against website owners, alleging violations of the California Invasion of P...


After being struck by a cargo ship that brought down the Francis Scott Key Bridge, many people blamed diversity, equity, and i...



The Gunther case expressly declined to follow an earlier decision in the Fourth District, ...


The Supreme Court will decide whether 18 U.S.C. 666 only criminalizes quid pro quo bribery or also covers gratuities, such as ...



Employers may need to review and document their transfer policies more carefully and be prepared to face challenges and damage...


Agencies must decide whether to disclose records that do not clearly fall into the categories of mandated disclosure and shoul...



Real Estate

Where is the distress, deals, and disputes in commercial real estate?

May 3, 2024
By David Wald , Anne Redcross Beehler

If the economy slows and consumers stop spending, underlying CRE demand will decline, and a great many legal disputes will fol...


Military Law

The Korean American Valor Act

May 2, 2024
By Eileen C. Moore

Under the statute, Koreans who fought in Vietnam to support the United States are eligible for health care at the VA.



The New York Court of Appeals has reversed and remanded Harvey Weinstein’s convictions for the rapes of two women, citing viol...


Family

For want of a nail: In re Marriage of Lietz

May 2, 2024
By Scott M. Gordon

The court in Lietz clarified that the holding of Sanchez, which was a criminal case, applies to civil cases, including ...



Government

What in the world is municipal disincorporation?

May 2, 2024
By James R. Bozajian

Bayshore City, which was founded for legalized dog racing and collapsed when it was outlawed, was disincorporated in 1940. Ver...


Intellectual Property, California Courts of Appeal

In a case of first impression, the California Court of Appeal decided a novel issue related to the type of damages that are re...



The Federal Circuit Court of Appeal has issued a significant ruling in Luv n’ Care, Ltd. v. Laurain, which clarifies that indi...


Education Law, Constitutional Law

The American Bar Association has passed a measure allowing law schools to restrict expression that violates the law, defames i...



Section 1031 of the tax code, which allows for like-kind exchanges of property, does not apply to cryptocurrency. Therefore, s...


Entertainment & Sports

Female athletes should seek legal guidance and forge strategic relationships with agents, lawyers, and brands while in college...



Criminal, Constitutional Law, Civil Rights

Alameda County District Attorney Pamela Price has placed all 35 of her county's death sentences on hold due to evidence of pro...


Securities

More molehill than mountain on the securities litigation landscape

Apr. 30, 2024
By Amy Jane Longo , Ryan H. Weinstein

The Supreme Court's recent ruling in Macquarie, which clarified Section 10(b) and Rule 10b-5, is unlikely to have a significan...



Education Law, Civil Rights

University presidents should communicate clearly and consistently with students, be transparent about their decisions, and rec...


Courts have consistently affirmed that cities can regulate sleeping in public, provided that viable alternatives for sleeping ...



Judges and Judiciary

Supreme Court whipping boy

Apr. 29, 2024
By William Slomanson

Judge Roger Benitez is a contemporary whipping boy who is unfairly blamed for his rulings on California's gun laws. The judici...


Evidence, Civil Litigation

Experts, case-specific facts, and hearsay

Apr. 29, 2024
By Gary A. Watt , Jacob Zarone

In re Marriage of Lietz, a recent civil case, highlights the importance of understanding the application of ...



Labor/Employment

Navigating California’s bans against non-compete clauses

Apr. 29, 2024
By Andrew S. Ong , Nicole J. Kim

Remote workers who work in California only part of the time may not be covered by § 925, but they may still be able to void th...


Wills, Estates & Trusts, Judges and Judiciary

Will Contests

MCLE
Apr. 29, 2024
By Matthew D. Kanin

When and how will contests are initiated; who has standing to contest a will; responses to will contests and grounds to contes...



Ethics/Professional Responsibility

Managing a law office to be ethical

Apr. 26, 2024
By David M. Majchrzak

Law firm leaders could create an internal ethics committee or general counsel to provide guidance and oversight on ethical obl...


Government, Corporate

The bill could create a moral hazard for prosecutors, who could use the fines to boost state revenues, and could drive away co...