Torts/Personal Injury
Timing is everything in resolving mild traumatic brain injury cases
By Geri L. Green, Premkiran Reddy
Lawyers need to be aware of the uncertain and variable recovery times of concussion-related mild traumatic brain injuries (mTB...
Letters
State bar investigation into John Eastman’s conduct started after numerous complaints
By David C. Carr
The Office of Chief Trial Counsel received multiple complaints about John Eastman, leading to a single State Bar Investigation...
Labor/Employment, California Supreme Court
California Supreme Court broadly construes compensable ‘hours worked’
By John J. Manier
The court's decision in Huerta v. CSI Electrical Contractors provides helpful guidance to employers and employees on th...
Labor/Employment, Criminal
Criminal history shouldn’t stand in the way of employment
By JJ Johnston
Employers should review their application forms and interview questions to remove any inquiries about criminal history. They s...
Land Use, Environmental & Energy
Honor Earth Day by resolving land use and environmental disputes with mediation
By Gideon Kracov, Malissa Hathaway McKeith
California has a Planning and Zoning Law that allows for mediation in various types of land use and environmental lawsuits, bu...
Words can be used to create, resolve, or escalate conflicts. Mediators play an important role in facilitating objective assess...
Technology, Mergers & Acquisitions
Key considerations for AI in M&A transactions
By John Brockland
Acquisitions in the artificial intelligence space are becoming increasingly common. Lawyers must have a strong understanding o...
Environmental & Energy
New federal standards for ‘forever chemicals’ to clean up California’s tap water
By Matthew J. Matern, Hayley Davis
The U.S. EPA announced the first-ever national standards for per- and polyfluoroalkyl substances (PFAS), also known as “foreve...
The Cohan rule is a legal principle that allows taxpayers to deduct expenses without receipts if they can prove them by...
Constitutional Law
Opening Major League Baseball clubhouses to women reporters
By Calvin R. House
In Ludtke v. Kuhn, Melissa Ludtke claimed that banning her from the clubhouse violated her right to equal protection an...
Government
Electronic voting is the best path for accessible voting
By Sylvia Torres-Guillén
California should amend its current ballot return process to comply with federal law and protect the dignity and rights of peo...
Contracts
Arbitration as an effective mechanism for resolving asset purchase agreement disputes
By Daniel B. Garrie
Parties should draft a comprehensive arbitration clause in an asset purchase agreement, including the process, number and sele...
Letters
The Office of Chief Trial Counsel was the interested party, not the public, in the State Bar’s John Eastman trial
By James P. McBride
The State Bar of California filed misconduct charges against John Eastman regarding the 2020 election, but no member of the pu...
In DeVillier v. Texas, the state removed a takings claim from state court to federal court and then argued that there w...
Torts/Personal Injury
Liability of amusement parks and traveling carnival rides
By Reza Torkzadeh, Allen P. Wilkinson
The California Supreme Court has ruled that amusement rides, such as roller coasters, are common carriers and must use the utm...
Securities
SEC trial victory in ‘shadow’ trading trial – what ‘shadow’?
By Barry O'Connell
A jury found former Medivation executive Matthew Panuwat liable for insider trading by trading in Incyte's stock, based on the...
Criminal
Preemptory challenge over ‘lack of life experience’ of Hispanic juror reversed
By Dmitry Gorin, Alan Eisner
The Second District Court of Appeals recently applied 231.7 in People v. Uriostegui, reversing the conviction and order...
Data Privacy
AT&T annual data breaches continue to plague AT&T customers
By Anita Taff-Rice
AT&T opposes new FCC regulations to improve customer data protections and data breach reporting requirements.
U.S. Supreme Court
Bissonnette: The Supreme Court grabs the wheel on the "transportation worker" exemption
By Philip I. Person, Bailey McCabe Hashim
The U.S. Supreme Court has clarified the scope of the “transportation worker” exemption under Section 1 of the Federal Arbitra...
Antitrust & Trade Reg.
Don’t get caught behind the Section 8 ball
By Steven Cernak, Luis Blanquez
Section 8 of the Clayton Act, a key US antitrust law, prohibits interlocking directorates between competing corporations, but ...
Technology
What does the EU Digital Markets Act mean for the tech sector?
By Nicholas Banasevic, Robert Spano
The EU’s Digital Markets Act, which designates some large online companies and their services as gatekeepers, recently went in...
Family, Criminal
How do criminal domestic violence cases affect family law and DVPA actions?
By Anthony J. Ferrentino
A parallel criminal domestic violence case can have a significant impact on family law proceedings, particularly in cases invo...
Real Estate/Development
The new guide to ground lease drafting and negotiation
By Ira J. Waldman
Real estate development on ground-leased property has been growing, with municipalities, private parties, and institutional en...
Labor/Employment
ACLU’s termination of whistleblower sparks debate over racially-coded language
By K. Chike Odiwe
The ACLU said an employee used racially coded language and fired her. The resulting lawsuit raises questions about the protect...
The Supreme Court will be hearing arguments in Grants Pass v. Johnson, a case that addresses the issue of whether citie...
Criminal
After Fortenberry, where do false statement prosecutions go?
By A. Joseph Jay III, Douglas Yang
The Ninth Circuit's rejection of the "effects-based" venue test in false statement cases deepens an existing circuit split and...
Intellectual Property, 9th U.S. Circuit Court of Appeals
9th Circuit treats trademark applications as registrations; cancels same
By Jane Shay Wald
The 9th Circuit Court has extended Lanham Act Section 1119 to cover trademark applications, allowing a plaintiff to invalidate...
The appellate court's opinion in Medallion Film, et al. LLC v. Loeb & Loeb was wrong, unwise, and illogical because...
Chinese social media platforms have spread news of a new four-point passport control measure implemented by the Chinese Immigr...
As a law professor who taught comparative criminal procedure at the University of Bologna, the oldest university in the world,...