Labor/Employment, Contracts, Antitrust & Trade Reg.
FTC proposed rule on employee noncompetes
By Pooja S. Nair
Employers with existing non-compete clauses at the time the rule goes into effect must rescind the non-compete clause no later...
Litigation & Arbitration
Can someone sue the dead? Yes, but it’s a minefield
By Daniel J. Wilson
If someone has died and owes you money, you may be entitled to relief but be careful: strict rules and procedures can kill oth...
Real Estate/Development, Land Use, Civil Rights
Unlawfully restrictive covenants must be redacted
By Nicole M. Rivers, Anthony Nash
Stakeholders with actual knowledge that a deed, declaration, or governing document may contain an unlawful restrictive covenan...
Construction, Alternative Dispute Resolution
Post-settlement third party reports are likely binding
By Garret D. Murai
The Court of Appeals “respectfully” concluded that “if Coral Farms intended a different result, then perhaps it should have ne...
The IRS does not have the power to outvote the Tax Court or Eleventh Circuit, but it has the power to audit.
What general counsels and company leaders need to know about transparency and accountability for data breaches
What employers need to know about additional rights in the California Privacy Rights Act
Wills, Estates & Trusts
Top 5 trusts and estates cases of 2022
By Ciarán O’Sullivan
There were more Trusts and Estates appellate opinions compared to the year prior. Though none had earth shattering implication...
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...
Letters
“Tossing” of $36.5 million motorcyclist death verdict unjustified
By Arash Homampour
Law Practice, Appellate Practice, 9th U.S. Circuit Court of Appeals
Alternative method of service allowed on foreign defendants
By Josh Eichenstein
Under a recent Ninth Circuit Court of Appeals decision, a plaintiff suing a foreign-domiciled defendant for Lanham Act violati...
Senator Susan Talamantes Eggman was the right person at the right time for veterans in family law matters.
Litigation & Arbitration, Insurance
2023 brings a new set of rules for making settlement demands
By Casey R. Johnson
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,...
Judges and Judiciary, Ediscovery
Voir dire: disability as a basis for peremptory strikes
By William Slomanson
California has now provided other state and federal courts, and legislative bodies, with the opportunity to consider whether t...
Wills, Estates & Trusts
A small bright line in the murky law of no contest clauses
By Mark J. Phillips, Jake V. Phillips
No contest clauses come in all shapes and sizes, from a single paragraph to a dozen pages, and courts have found their enforce...
At a time when conspiracy theories are running rampant, the justice system needs to be all the more deliberate and grounded in...
Government, Civil Rights
Are there limits to police interrogation techniques?
By Dmitry Gorin, Alan Eisner
The admissibility of a suspect’s custodial statement, even post-Miranda invocation, depends on the totality of the circumstances.
Marijuana and the workplace in the age of legalization.
Litigation & Arbitration
Pre-litigation settlement just got a lot more demanding
By David B. Ezra, Jamil Shaaban
One of the outcomes of SB 1155 is that it imposes substantive requirements on pre-litigation time limited settlement demands.
Intellectual Property
Is Kelly a basis independent of Sargon to challenge a novel scientific theory?
By Lawrence P. Riff
That issue is discussed at length in the recent First District Court of Appeals decision, Bader v. Johnson & Johnson et...
Law Practice, Appellate Practice
Complying with client guidelines
By Shari L. Klevens, Alanna G. Clair
If law firms agree to client guidelines but do not fully consider the requirements, it could spell trouble down the road.
Law Practice, Ethics/Professional Responsibility, Appellate Practice
Get your law firm’s succession planning out of your lizard brain
By Daniel O’Rielly, Dena Roche
The first step is to recognize that the Rules of Professional Conduct require you to have a succession plan in place.
Labor/Employment
New law on emergency conditions at place of employment
By Eric P. Weiss, Jasmin B. Bhandari
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
By Reza Torkzadeh, Allen P. Wilkinson
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
New law establishes rules of the road for “time-limited demands” in insurance claims
By Jordan S. Derringer, Michael L. Bean
This law is a positive step toward regulating the use of “time-limited demands” in third-party liability claims, but it is lim...
Government, Family
The elder abuse act and its expansion to address isolation
By Shawna Schwarz
This article and self-study test will review who is protected, the types of abuse covered, who can petition for relief, and th...
This might be the end of my office. What client would want us if the price were jail time?
Judges and Judiciary, California Courts of Appeal
Interesting Times: The 2022 Appellate Year in Review
By Benjamin G. Shatz
For better or worse we live in more interesting times where ordinary appellate activities seem even more trivial than usual.
Domestic Violence and social media are not a match made in heaven.
Labor/Employment, Government
California employment law landscape for 2023
By Mara D. Curtis, Michael R. Kleinmann
Companies with 75 or more employees must provide advance written notice of mass layoffs, relocations or terminations of operat...