Intellectual Property, Antitrust & Trade Reg.
Trademark applications and the murky waters of subject matter jurisdiction
By Zac Cohen, David Martinez
Those seeking to cancel a trademark application in federal court should thus craft their allegations to establish a nexus betw...
Entertainment & Sports
Stream it Tonight! Frisco Jenny (1932)
By Paul Bergman, Michael Asimow
The Code would have prohibited all of the candid material about prostitution in Frisco Jenny. But movies released between 1930...
Labor/Employment, Contracts
Model behavior?
By Caroline P. Donelan, Natalie R. Alameddine
Most of the time, these individuals have been fully paid for their services through their agency, but nonetheless file claims ...
Ethics/Professional Responsibility
Attorneys and judges are not shielded from their prejudices
By Mark B. Baer
Torts/Personal Injury, Health Care, Pharmaceuticals, Biotech
The myth of frivolous medical malpractice cases
By Reza Torkzadeh, Allen P. Wilkinson
The truth is that insurance companies do not settle frivolous medical malpractice cases and will take them all the way to trial.
Litigation & Arbitration
A playbook for arbitration agreements that could cost companies arbitration altogether
By Kelsey Constantin, Spencer J. Pahlke
Though the Court ruled in favor of the plaintiffs, the discussion of arbitrability is a playbook for institutions in drafting ...
Data Privacy
CPRA series: Part III - Notice and disclosure obligations
By Ron Raether, Kim Phan
It remains to be seen when the California Privacy Rights Act of 2020 will be finalized, including when businesses will be requ...
The right to face-to-face confrontation is viewed as a second-tier Confrontation Clause right. Although it furthers “‘the core...
Law Practice, Appellate Practice
Can you accept a Rule 68 offer after a judge dismisses your case?
By Denise Madigan
Can a party still accept the offer and effectively nullify the judge’s decision? Nothing in the language of Rule 68 specifical...
One of the President’s proposals is to tax long term capital gains and qualified dividends as ordinary income if your taxable ...
A recent story suggested that Elon Musk may have paid a portion of Amber Heard’s pledged ACLU donations. That hearkens back to...
Legal Education
Clarifying the historical record in the spirit of truth and healing may not remove the Hastings name
By Kris Whitten
UC Hastings College of the Law is seeking to change its name on account of media stories starting in 2017 alleging “genocide” ...
U.S. Supreme Court, Ethics/Professional Responsibility
Is SCOTUS still “supreme?”
By A. Marco Turk
Apparently these candidates for confirmation were so excited about the prospect of appointment to the highest court in the lan...
Litigation & Arbitration
“One and done” emergency arbitrators and arbitral injunctions – still an issue of first impression.
By Jerold Fagelbaum
Unlike arbitrators who may issue interim, partial and final awards over the course of an arbitration, emergency arbitrators ar...
Law Practice, Family, Appellate Practice
Community property: a brief history
By Scott J. Nord
In a famous letter written by Abigail Adams to her husband, John Adams, she wrote, “I long to hear that you have declared an i...
Government, Constitutional Law
Christian flag case eschews bright line test for “government speech”
By Dennis S. Zell
“This approach allows governments to exploit public expectations to mask censorship.” - Justice Samuel Alito
Law Practice, Appellate Practice
How to pick the best malpractice policy for your firm
By Alanna G. Clair
It is well accepted that defense costs for malpractice claims are among the most expensive type of litigation, largely due to ...
Torts/Personal Injury, Labor/Employment, Civil Litigation
State’s high court should find employer duty to workers’ families
By V. James DeSimone
When a public health emergency, such as the COVID pandemic, increases the risk to employees, companies should be held to an ev...
Law Practice, Appellate Practice
Ignorance isn’t bliss, but it will relate back
By Stephen M. Rinka
The Appellate Court stated that the “[t]est is whether, at the time the complaint was filed, the plaintiff “was ignorant of th...
Law Practice, Appellate Practice
Early mediation in employment disputes: The why’s, how’s and benefits
By Jan Frankel Schau
Confidentiality is no longer a permissible term in the settlement of cases arising out of sexual harassment. Yet, in many inst...
Law Practice, Government, Appellate Practice
California law doesn’t allow food waste to go into landfills, but few know about it
By Beth Hummer
The bad news is that word appears to be getting out slowly. Anecdotal evidence points to apartment dwellers receiving food was...
Entertainment & Sports
Stream it Tonight! Witness for the Prosecution (1957)
By Michael Asimow, Paul Bergman
Once more, we’re reminded that on cross examination you shouldn’t ask questions if you don’t know the answers.
Military Law
AAPI service to the United States has been documented since 1812
By Eileen C. Moore
Stephen K. Tamura and his family were also interned in Poston, Arizona. Captain Tamura served in the 442nd. He was wounded in ...
There are a few exceptions, but in general, you should assume that money sent to a lawyer or law firm will trigger a Form 1099.
Real Estate/Development, Bankruptcy
A perfect storm? Are bankruptcy filings about to skyrocket?
By Catherine E. Bauer
With fair market values climbing almost daily, no bankruptcy attorney could absolutely guarantee that there would not be unpro...
Law Practice, Appellate Practice
A closer perspective on juvenile dependency
By Michael C. Kelley
It can be a very rewarding long term vocation – or a first step in a diversified and gratifying career. It is also worth notin...