Tax, Alternative Dispute Resolution
Exempting sexual abuse and assault recoveries from tax is overdue
By Robert W. Wood
The Survivor Justice Tax Prevention Act seeks to exempt settlements for sexual abuse and assault from taxes, addressing long-s...
U.S. Supreme Court, Intellectual Property
Supreme Court hits reset on copyright damages window
By Dariush Adli
The Supreme Court's ruling in Warner Chappell v. Nealy clarifies that copyright infringement plaintiffs can recover dam...
The Eleventh Circuit dismissed the classified documents case against Donald Trump following a government motion citing his imp...
Litigation & Arbitration, Labor/Employment
When back pay goes beyond the bottom line
By Christopher David Ruiz Cameron
In labor arbitration, pre-judgment interest on back pay depends on the collective bargaining agreement and arbitrator discreti...
Canadian Space Agency - The Portia Project
Year in Review Column, Labor/Employment
Essential updates for your workforce in 2025
By Tracie E. Stender
California employers face key changes in 2025, including a minimum wage increase, freelance worker protections, hiring restric...
Construction
Cracks in the code: When design meets construction and blame
By Garret D. Murai
The trial court allowed Suffolk to present a jury instruction based on Public Contract Code section 1104, which bars public en...
Law Practice, Ethics/Professional Responsibility
Avoiding malpractice exposure: Law firm conflict checks
By Jason E. Fellner, Hannibal Huntley
Law firms that fail to implement rigorous conflict check procedures face serious exposure to ethical complaints, disqualificat...
Civil Rights
Eminent domain, racial bias, and a look at the call for reparations
By K. Chike Odiwe
The power of eminent domain has historically had a disparate impact on Black Americans and other minority groups. However, the...
Intellectual Property
Trademark issue-spotting for non-trademark attorneys
By Nadine Bedwan
A strong understanding of trademark law can be a game-changer for legal practices, helping businesses protect their brand, inc...
Judges and Judiciary, Criminal, California Supreme Court
Cascading retroactivity
By Brian M. Hoffstadt
The California Supreme Court has granted review in People v. Esquivias, which will allow the court to address the conce...
Legal Marketing, Appellate Practice
Appellate personals and want ads
By Benjamin G. Shatz
A humorous exploration of the desires and frustrations of appellate lawyers through a series of creative personal ads.
The rise of AI has led to numerous copyright lawsuits, highlighting the need for creative problem-solving in this emerging field.
Business Law
Why your business needs outside legal and business counsel
By Quincy C. Newell
Outsourcing legal and business affairs work can reduce overhead expenses, making it a cost-effective option, especially for st...
Intellectual Property, Business Law
Is reverse engineering misappropriation of trade secrets?
By Katie Prescott, Autumn Wu
Reverse engineering is generally permissible under federal and state trade secret laws, but contractual obligations may impact...
Most appellate briefs are too long, with lawyers trying to use up as much of the 14,000-word limit as they can. A shorter brie...
Wills, Estates & Trusts, Appellate Practice
Appellate court expands and clarifies the right of litigants to challenge trusts
By Mark J. Phillips, Jake V. Phillips
The Hamlin court ruled that intestate heirs have a concrete interest in the estate and can challenge a trust, interpre...
Litigation & Arbitration, Judges and Judiciary, Civil Procedure
Due process in action: plaintiffs' leadership roles in JCCPs
By Allie Ozurovich, Jay L. Bhimani
While JCCPs help manage complex litigation, courts increasingly struggle to balance efficiency with fair representation of di...
Law Practice
The Strategic Advantage: Why Lawyers Should Consider a Business Development Coach to Grow Their Book of Business
By George Brandon
In today's competitive legal market, lawyers are turning to business development coaches to grow their client base and stand ...
Criminal, Constitutional Law, 9th U.S. Circuit Court of Appeals
9th Circuit finds no good faith exception justifying warrantless examination of contraband images
By Dmitry Gorin, Alan Eisner
In United States v. Holmes, the Ninth Circuit ruled that law enforcement violated the Fourth Amendment by warrantles...
Labor/Employment, Administrative/Regulatory
From precedent to policy: NLRB's new captive audience meeting ban
By Sehreen Ladak, Ariel Brotman
NLRB's Amazon decision ends 75 years of precedent while raising new questions about workplace communications.
Constitutional Law, California Supreme Court
Some people never quit
By Michael M. Berger
Fane Lozman, a Florida resident, has had multiple legal disputes with the City of Riviera Beach, leading to two Supreme Cou...
Government, Constitutional Law
Circle the wagons, blue states
By David A. Carrillo, Brandon V. Stracener
Federalism allows states and the federal government to balance power and protect individual liberty, encouraging citizens to...
Immigration, Government, Constitutional Law
The military is not authorized to conduct 'mass deportations'
By Allan Lee Dollison
Deportation responsibilities are assigned to ICE under the Department of Homeland Security, not the Department of Defense, m...
Environmental & Energy, Administrative/Regulatory
Stricter Low Carbon Fuel Standard rules ignite mixed reactions
By Julie A. Cress, Shailesh Sahay
The California Air Resources Board's new Low Carbon Fuel Standard rules tighten emissions reductions and add stricter requirem...
In Richard v. Union Pacific Railroad, the court ruled that a retired railroad engineer with 42 years of experience co...
Letters
State constitutions and civil procedure deserve their day in class
By William Slomanson
Adding a state civil procedure course to the curriculum would aid lower-tier schools and larger firms and would provide oppo...
Ethics/Professional Responsibility
Lessons learned from modern fictional attorneys
By Heather L. Rosing, David M. Majchrzak
"So Help Me Todd" and "All Rise," and the legal ethics lessons that can be learned from the fictional attorneys in these shows.
With Trump's 2017 tax cuts set to expire in 2025, Congress faces pivotal decisions that could reshape America's entire tax lan...
Real Estate/Development, Alternative Dispute Resolution
Despite Prop 33 defeat, landlord-tenant disputes remain costly and complicated
By Nolan Armstrong
California's complex web of rent control ordinances and tenant protection laws exposes landlords to significant liabilities, i...