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Torts/Personal Injury

Airport noise is back in the news

Sep. 27, 2023
By Michael M. Berger

One of the classic things that courts have used to restart any limitations period has been the level of noise produced. That i...


Tax, Labor/Employment

Employee retention credits prompt IRS audits

Sep. 27, 2023
By Robert W. Wood

Though there are plenty of legitimate ERC claims, there have been fraudulent ones too. As a result, businesses that legitimate...


Antitrust & Trade Reg.

It simply does not make sense or constitute sound public policy that anticompetitive agreements and conduct involving “combina...


Intellectual Property, Civil Procedure, 9th U.S. Circuit Court of Appeals

The court appears to be willing to exercise personal jurisdiction based on a defendant’s prior operations and activities in a ...


Data Privacy, Administrative/Regulatory

In recent years, the CFPB and FTC have taken aggressive enforcement actions against debt relief companies, putting the credit ...


Administrative/Regulatory

If professional court reporters will not be producing the transcripts from recordings of court proceedings and gig transcriber...


The question arises whether universities should provide warnings about potential liability alongside their legally mandated st...


Land Use, Environmental & Energy, Administrative/Regulatory

Social noise is not an environmental impact

Sep. 26, 2023
By Brandon Kline

Thanks to Assembly Bill 1307, UC Berkeley’s student housing initiative, and similar projects that faced public scrutiny, can p...


Torts/Personal Injury

Everything is “inherent” when understanding a public entity’s duty to warn for hazardous recreational activities. Several rece...


Guide to Legal Writing

13 essential principles for advanced legal writers

Sep. 25, 2023
By Steven B. Katz

If you can, banish the fact section completely and discuss pertinent facts in the proper level of detail in the argument. Orga...


Government, Constitutional Law

Senate Bill 2 eliminates the good cause requirement for the issuance of said permit to carry, and whose counterpart version in...


Administrative/Regulatory

Wronged investors may struggle to recover their losses as government agencies primarily focus on prosecuting wrongdoers rather...


Alternative Dispute Resolution

The hybrid mediation format is evolving as the hybrid setting becomes more common.


Technology, Alternative Dispute Resolution

Revolutionizing Dispute Resolution

Sep. 22, 2023
By David B. Coher, Jeffery Daar

Recent years have witnessed a rapid transformation in how disputes are mediated and arbitrated, with new technologies and othe...


Technology

The lowdown on AI (not written by AI, just I)

Sep. 22, 2023
By Relani Belous

It is likely that a human without AI may be swapped out for one with it.


Law Practice

Three key components to a healthy law firm

Sep. 22, 2023
By Corey Castillo, Joshua Driskell

When it comes to fostering a healthy firm culture, it’s all about supporting favorable behaviors that not only support today’s...


Civil Litigation

Music’s biggest star can teach some lessons to the defense bar.


Technology, Law Practice

As advisors, attorneys can help organizations identify what laws apply based on the nature of the data involved, what AI polic...


Revised in 2023, Family Code 6344 allows a family court to order attorney’s fees in favor of the prevailing party in a domesti...


Administrative/Regulatory

A litigious first half of the year for the False Claims Act

Sep. 21, 2023
By James L. Zelenay Jr., José E. Madrid

Unique to the FCA's structure is the right of private citizens - often referred to as "relators" or "whistleblowers" - to purs...


Technology, Civil Litigation

There are safeguards that can be put into place to protect against AI-created misinformation or misleading the judge or jury a...


Government, Administrative/Regulatory

The Government Transparency Act is good medicine

Sep. 21, 2023
By Jerry Flanagan, Ryan Mellino

Resistance to disclosure sometimes coincides with investigations into malfeasance by public officials. Often, resistance to di...


Data Privacy, Administrative/Regulatory

New SEC rules may have prompted MGM Resorts’ next day report of expected millions in losses from ongoing cyberattack.


Law Practice

It will shock you at how different your relationship is with your client when they know you are actually listening to them. Th...


U.S. Supreme Court, Constitutional Law

"When is an acquittal not an acquittal?"

Sep. 20, 2023
By Brian M. Hoffstadt

The United States Supreme Court will confront, next term, how the bar against double jeopardy applies when a jury’s verdicts a...


Constitutional Law

In defense of live hearings

Sep. 20, 2023
By Teri Sabraw Block

A growing body of scientific evidence shows that participants in virtual hearings perceive testimony by videoconference marked...


Constitutional Law, Civil Rights

California and Florida have conflicting laws about gender-affirming care. The divide will likely be resolved by the conservati...


Bringing in business is about meeting, connecting, and learning about people and their needs. From that foundation, you can de...


Schools may also have an affirmative duty to identify those students who are being or have been bullied, harassed, hazed, or s...


Intellectual Property

The artist, the spouse, and breach of fiduciary duty

Sep. 19, 2023
By Scott J. Nord, Karra Ideozu

Copyright law seeks to protect an individual’s freedom of expression. Ordering a sale of artistic property would seemingly def...