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Family

For want of a nail: In re Marriage of Lietz

May 2, 2024
By Scott M. Gordon

The court in Lietz clarified that the holding of Sanchez, which was a criminal case, applies to civil cases, including ...


Government

What in the world is municipal disincorporation?

May 2, 2024
By James R. Bozajian

Bayshore City, which was founded for legalized dog racing and collapsed when it was outlawed, was disincorporated in 1940. Ver...


Alternative Dispute Resolution

By Cedric Chao


Intellectual Property, California Courts of Appeal

In a case of first impression, the California Court of Appeal decided a novel issue related to the type of damages that are re...


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

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

Female athletes should seek legal guidance and forge strategic relationships with agents, lawyers, and brands while in college...


Criminal, Constitutional Law, Civil Rights

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

Apr. 30, 2024
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

University presidents should communicate clearly and consistently with students, be transparent about their decisions, and rec...


Courts have consistently affirmed that cities can regulate sleeping in public, provided that viable alternatives for sleeping ...


Judges and Judiciary

Supreme Court whipping boy

Apr. 29, 2024
By William Slomanson

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

Apr. 29, 2024
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

Apr. 29, 2024
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...


Wills, Estates & Trusts, Judges and Judiciary

Will Contests

MCLE
Apr. 29, 2024
By Matthew D. Kanin

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

Apr. 26, 2024
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

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

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

Apr. 26, 2024
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

Apr. 25, 2024
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

Apr. 25, 2024
By Michelle Roberts Gonzales

The Bissonnette v. LePage Bakeries Park St., LLC ruling complicates the class and collective action landscape for Cali...


Law Practice

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

Apr. 25, 2024
By Matthew J. Matern, Julieta Hernandez

The California Supreme Court has expanded the interpretation of “disclose” under California’s whistleblower protection statute...


International Law

A different degree of genocide

Apr. 24, 2024
By Jon B. Eisenberg

Legal questions surround Israel’s alleged genocide in Gaza, but is it a crime under international law?


Law Practice, Evidence

Reflecting on spontaneous statements

MCLE
Apr. 24, 2024
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

Apr. 24, 2024
By Michael M. Berger

The United States Supreme Court has ruled that the Takings Clause does not distinguish between legislative and administrative ...


Appellate Practice

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

Apr. 23, 2024
By John S. Caragozian

Erle Stanley Gardner was a California lawyer and a best-selling author of mystery novels, most notably featuring the character...


Letters

The unintended consequences of CCP 998 offers

Apr. 23, 2024
By John P McGill

CCP 998 is not intended as a surrogate for punitive damages and it should encourage settlement and reasonableness for both par...