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Ethics/Professional Responsibility

Lessons learned from taking a true summer vacation

May 26, 2023
By Joanna L. Mishler

Being well makes it much easier to be competent. California is ahead of the curve on this one, as the American Bar Association...


Environmental & Energy, Administrative/Regulatory

Turning from roads to rails: CARB approves In-Use Locomotive Regulation

May 26, 2023
By Maureen F. Gorsen, Caleb J. Bowers

The In-Use Locomotive Regulation is the first of its kind in terms of state regulation of in-use locomotives. But the regulati...


Technology, Law Practice

Several prognosticators have predicted a seismic shift in the legal profession within two years’ time, with both legal fees an...


Government, Criminal

Practically speaking, getting rid of the bail schedule is going to harm all persons arrested in Los Angeles County.


Tax

Sell stock at a big gain but pay no tax?

May 25, 2023
By Robert W. Wood

If the stock qualifies as qualified small business stock (QSBS), you might pay zero federal tax.


Torts/Personal Injury, Civil Litigation

If Hsu v. Tesla is any guide, with accurate and precise instructions and effective testimony from the defendants' engin...


Intellectual Property

All courts agree that de minimis use defense applies in analyzing whether enough of a copyright protected work has been copied...


U.S. Supreme Court

Court declines to rule on scope of Section 230 immunity for violent speech on social media platforms.


U.S. Supreme Court, Real Estate/Development

It is no longer a secret that California has always been among the most stringent in reviewing land use permits and the most f...


U.S. Supreme Court, Intellectual Property

Despite the concerns articulated in the dissent, the Court’s decision is far from a death knell for transformative uses of exi...


Government, Constitutional Law

Dangerous new laws criminalize the right to protest

May 23, 2023
By Stephen F. Rohde

Since January 2017, 45 states have considered 267 bills that restrict the right to protest.


U.S. Supreme Court, Tax

While this case may not be entirely a blank check to the IRS to issue summons without notice because the Court leaves open the...


U.S. Supreme Court, Criminal

Supreme Court reins in government's fraud theories...again

May 23, 2023
By Agustin D. Orozco, Nimi Aviad

The Supreme Court issued two opinions limiting the reach of the federal fraud statutes and eliminating often-used theories fro...


U.S. Supreme Court, Intellectual Property

Supreme Court rules against fair use of Andy Warhol silkscreen

May 23, 2023
By Douglas L. Johnson, Daniel B. Lifschitz

The decision, which affirms the 2nd Circuit’s findings in the landmark copyright case, rebalances the fair use doctrine to pla...


Government, Constitutional Law

The concern with presidential overreach is legitimate. But the phrase “the Constitution is not a suicide pact” reflects the re...


Real Estate/Development

With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the Cali...


Family

Cultural Divorce, Part V: Date of marriage

May 22, 2023
By Abbas Hadjian

For a California attorney, FL-100 provides basic information about parties, their legal relationship, the reasons for the term...


Law Practice, Civil Litigation

Wait, wait… please tell me! The benefits of speaking to jurors after trial

May 22, 2023
By Robert S. Glassman, Jonathan H. Davidi

Speaking to jurors after winning or losing a trial can benefit a trial lawyer in many ways. It can provide valuable feedback, ...


Constitutional Law

Ending cash-based jailing: a win for the Constitution and public safety

May 19, 2023
By Miriam Aroni Krinsky, Erwin Chemerinsky

As a former federal prosecutor, a constitutional law scholar and a former judge, we believe the Court made the right decision....


California Courts of Appeal, Alternative Dispute Resolution

This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate ju...


Legal Education, Entertainment & Sports

Stream It Tonight! "The Paper Chase" (1973)

May 19, 2023
By Michael Asimow, Paul Bergman

Aspiring law students used to be told to watch “Paper Chase” to prepare themselves, but the film doesn’t describe the 21st cen...


Wills, Estates & Trusts, Probate

Documents and communications do not qualify as recoverable property under Section §850.


Torts/Personal Injury, California Courts of Appeal

Technology use in our daily lives is expanding the definition of who is ‘present’ at the scene of an accident.


Technology, Data Privacy

Are biometric data violation cases coming to a courthouse near you?

May 18, 2023
By Arthur F. Silbergeld, Aya Z. Elalami

While Texas, Illinois, and Washington are currently the only states with dedicated biometric privacy laws, many states have ex...


Torts/Personal Injury, Insurance, Health Care, Pharmaceuticals, Biotech

MICRA re-do; a redux or retread?

May 18, 2023
By Stanley L. Friedman, Art Kalantar

The basic laws of economics inform us that the imposed MICRA caps reduce the incentive of doctors to be careful or to avoid ma...


U.S. Supreme Court, Constitutional Law

Et tu, Bruton?

May 17, 2023
By Brian M. Hoffstadt

The 1968 decision in Bruton v. United States – which acts as a defensive shield for defendants – has witnessed a slow erosion ...


U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility

It appears unlikely that the Attorney General will prosecute Justice Thomas and find his failure to disclose was intentional a...


Expert Advice, California Courts of Appeal

Expert opinions rife with methodological issues could result in a complete dismissal of the litigation.


Wills, Estates & Trusts

Attorneys need to realize that their clients (like most people) do not want to appear to be stupid. Clients will tend to over ...


Immigration, Constitutional Law

The exaggerated fears of the end of Title 42 are now behind us. The hard work ahead is improving our under-resourced migration...