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Technology, Insurance

Insurance carriers have declined coverage on the basis of the Fraudulent Instructions Exclusion, presumably arguing that the r...


Labor/Employment

NLRB’s important decision on confidentiality and nondisparagement clauses

Mar. 22, 2023
By Wendy M. Lazerson, Jordan Varberg

Employers may need to revise their severance and other agreements with non-supervisory/managerial employees.


Torts/Personal Injury, Civil Litigation

In short, the opinion held that a non-patient passenger harmed by an EMT’s negligent driving was a professional negligence act...


Contracts, Alternative Dispute Resolution

Ensure arbitration provisions leave the nest in the Ninth Circuit

Mar. 21, 2023
By Jason D. Russell, Adam K. Lloyd

Businesses should review their agreements to ensure that any arbitration provision meant to govern “all disputes” is expressl...


Family

Cultural Divorce, Part I: Introduction

Mar. 21, 2023
By Abbas Hadjian

The attorney in a cultural divorce is more than a legal shepherd and fact finder. Attorneys are hired to do justice and stop c...


Tax

Leave California taxes, don’t worry, be happy?

Mar. 21, 2023
By Robert W. Wood

If you are a lawyer, does moving out of state make your practice income free of California tax? In many cases the answer will ...


Tax

Tax planning: Oops! I changed my mind

Mar. 21, 2023
By Bruce Givner, Owen Kaye

If you engage in income or capital gains tax planning during the year which, at the end of the year, does not look quite as at...


Insurance

When is a partial appeal bond sufficient?

MCLE
Mar. 20, 2023
By David M. Axelrad

What happens if an insurance carrier is required to post an appeal bond as part of its contractual obligation to an insured s...


Government, Civil Rights

Government speech seems like a relatively simple doctrine, and yet its simplicity can be deceiving, especially in the context ...


Judges and Judiciary

If Good Guy/Bad Guy affects how judges decide cases, they should talk about it – and allow the rest of us to watch the debate...


Judges and Judiciary, Constitutional Law

The Major Questions Doctrine

Mar. 20, 2023
By Erwin Chemerinsky

Agency actions that have been allowed for decades now are vulnerable to challenge.


Litigation & Arbitration, Alternative Dispute Resolution


Government, Criminal

The coming prosecution of Donald Trump

Mar. 17, 2023
By Paul N. "Pete" McCloskey

The recently published report of the Jan. 6 committee includes sworn testimony that strongly supports a criminal prosecution o...


State Bar & Bar Associations, Criminal

State Bar admits it failed - badly

Mar. 17, 2023
By Hailyn J. Chen, George Cardona

We are speaking openly about the State Bar’s mistakes to underscore our deep commitment to being both transparent and accounta...


Expert Advice, Alternative Dispute Resolution

A forensic neutral and how to use them effectively

Mar. 17, 2023
By Daniel B. Garrie, Charles Margines

Forensic neutrals play an essential role in safeguarding the accuracy and impartiality of investigations.


Technology, Intellectual Property

AI systems are challenging traditional notions of authorship and creativity and denying copyright protection to these works so...


Civil Rights

Public defense benefits the community far beyond the courtroom


Community News, Alternative Dispute Resolution

The CLA Litigation Section

Public education agencies could be liable for pension overpayments

Mar. 16, 2023
By Alysha R. Stein-Manes, Morgan Johnson

Assembly Bill 1667 holds public education agencies financially accountable for proper reporting compensation to CalSTRS, while...


Law Office Management, Ethics/Professional Responsibility

Moving offices: can you throw out old files?

Mar. 16, 2023
By Alanna G. Clair, Shari L. Klevens

In deciding how long to keep documents, many attorneys consider the statute of limitation applicable to legal malpractice claims.


When the FTC sought information from the top social media and video streaming platforms, it was simply the next step in the ev...


California Supreme Court, Administrative/Regulatory

California Supreme Court Review: February 2023

Mar. 16, 2023
By Alexis S. Coll, Jennifer Fisher

Given the pervasiveness of illegal cannabis operations throughout California, the Court's upcoming decision in Wheeler ...


Government

There is considerable academic debate over whether corporate political activism has any effect on bottom lines, with some rese...


Government

Commutations provide important checks and balances

Mar. 15, 2023
By Matthew Barhoma

Few other governors have been as deferential to the parole board as Gov. Gavin Newsom.


Labor/Employment, Antitrust & Trade Reg.

A threshold question likely to be presented by any such challenge is whether the FTC can make rules to regulate business pract...


Government, Civil Rights

AB 2098 targets pure speech by explicitly applying to advice. If it were meant only to regulate conduct, there would have been...


Expert Advice, Consumer Law

This case - Braverman v. BMW of North America - is an interesting, but narrow case on how the 9th Circuit handles non-m...


Technology, Criminal

The People vs. ChatGPT?

Mar. 14, 2023
By Joseph A. Rillotta, Joshua M. Robbins

Can an AI program commit a fraud? Can it get its human overseers in trouble?


Judges and Judiciary

On Judgments

Mar. 14, 2023
By Robert Olson

Meinhardt v. City of Sunnyvale highlights the confusion in California law as to what is or is not a judgment.


Letters

Law school name change should not be retroactive

Mar. 14, 2023
By Kris Whitten