The court in Lietz clarified that the holding of Sanchez, which was a criminal case, applies to civil cases, including ...
Bayshore City, which was founded for legalized dog racing and collapsed when it was outlawed, was disincorporated in 1940. Ver...
Alternative Dispute Resolution
Exploring California's reputation: From wild West to arbitration destination
By Cedric C. Chao
By Cedric Chao
Intellectual Property, California Courts of Appeal
California Court of Appeal clarifies elements of damages recoverable in trade secret misappropriation cases
By Steven M. Zadravecz, Randall E. Kay
In a case of first impression, the California Court of Appeal decided a novel issue related to the type of damages that are re...
Intellectual Property
Appeals Court decision makes it easier to preclude enforcement of patent rights
By Dariush Adli
The Federal Circuit Court of Appeal has issued a significant ruling in Luv n’ Care, Ltd. v. Laurain, which clarifies that indi...
Education Law, Constitutional Law
Law schools have the authority to curb unlawful expression
By Terri R. Brown
The American Bar Association has passed a measure allowing law schools to restrict expression that violates the law, defames i...
Section 1031 of the tax code, which allows for like-kind exchanges of property, does not apply to cryptocurrency. Therefore, s...
Entertainment & Sports
Why long-term NIL strategies are a must for female college athletes
By Frank N. Darras
Female athletes should seek legal guidance and forge strategic relationships with agents, lawyers, and brands while in college...
Criminal, Constitutional Law, Civil Rights
Two wrongs don’t make a right but do stoke the fire behind the effort to recall DA Pamela Price
By K. Chike Odiwe
Alameda County District Attorney Pamela Price has placed all 35 of her county's death sentences on hold due to evidence of pro...
Securities
More molehill than mountain on the securities litigation landscape
By Amy Jane Longo, Ryan H. Weinstein
The Supreme Court's recent ruling in Macquarie, which clarified Section 10(b) and Rule 10b-5, is unlikely to have a significan...
Education Law, Civil Rights
To protect our students’ civil rights, look beyond the law
By Emily C. Barbour
University presidents should communicate clearly and consistently with students, be transparent about their decisions, and rec...
Constitutional Law
The Supreme Court pondered, with varying degrees of empathy, punishing the homeless for outdoor encampments
By Adam Murray
Courts have consistently affirmed that cities can regulate sleeping in public, provided that viable alternatives for sleeping ...
Judge Roger Benitez is a contemporary whipping boy who is unfairly blamed for his rulings on California's gun laws. The judici...
Evidence, Civil Litigation
Experts, case-specific facts, and hearsay
By Gary A. Watt, Jacob Zarone
In re Marriage of Lietz, a recent civil case, highlights the importance of understanding the application of ...
Labor/Employment
Navigating California’s bans against non-compete clauses
By Andrew S. Ong, Nicole J. Kim
Remote workers who work in California only part of the time may not be covered by § 925, but they may still be able to void th...
When and how will contests are initiated; who has standing to contest a will; responses to will contests and grounds to contes...
Ethics/Professional Responsibility
Managing a law office to be ethical
By David M. Majchrzak
Law firm leaders could create an internal ethics committee or general counsel to provide guidance and oversight on ethical obl...
Government, Corporate
California wants to punish corporations for being corporations
By Keith Paul Bishop
The bill could create a moral hazard for prosecutors, who could use the fines to boost state revenues, and could drive away co...
Real Estate/Development, Criminal, Contracts
Squatters’ fraudulent lease schemes raise legal questions and criminal liability
By Anne Redcross Beehler
The law is evolving on the issue of squatters’ use of fake leases, but courts are likely to use their equitable power to preve...
International Law
Millionaires diversify passports, creating new opportunities for US businesses
By Christopher Richardson, Benjamin McEuen
The number of millionaires moving across international borders has increased significantly in the last decade, with a projecte...
Alternative Dispute Resolution
Understanding mediation through the narrative arc
By Lisa Baker Morgan
The similarities between the progression of Shakespeare’s ‘The Winter’s Tale’ and the narrative arc of the mediation process –...
U.S. Supreme Court, Labor/Employment
More complications for some employers with arbitration agreements
By Michelle Roberts Gonzales
The Bissonnette v. LePage Bakeries Park St., LLC ruling complicates the class and collective action landscape for Cali...
Law Practice
Elevating your practice: Strategic funnel management for lawyers
By George Brandon
The eleven stages that guide law firms through the process of converting potential leads into loyal clients.
California Supreme Court
The meaning of ‘disclosure’ under whistleblower retaliation claims has expanded
By Matthew J. Matern, Julieta Hernandez
The California Supreme Court has expanded the interpretation of “disclose” under California’s whistleblower protection statute...
Legal questions surround Israel’s alleged genocide in Gaza, but is it a crime under international law?
Law Practice, Evidence
Reflecting on spontaneous statements
By Ashfaq G. Chowdhury
The welter of exceptions to the Rule against Hearsay—besides resembling something from the old boardgame Mousetrap—tends to in...
U.S. Supreme Court, Administrative/Regulatory
The fourth time is a charm
By Michael M. Berger
The United States Supreme Court has ruled that the Takings Clause does not distinguish between legislative and administrative ...
Appellate Practice
Form briefs on appeal: A giant step forward for access to appellate justice
By Kevin K. Green
The Judicial Council’s Appellate Advisory Committee is proposing fillable briefs, in a standard format, for appeals to the App...
Entertainment & Sports, Criminal, Books
America’s best-selling author was a California lawyer
By John S. Caragozian
Erle Stanley Gardner was a California lawyer and a best-selling author of mystery novels, most notably featuring the character...
CCP 998 is not intended as a surrogate for punitive damages and it should encourage settlement and reasonableness for both par...