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Family

Cultural interest in marriage was created before the California solemnization of marriage. In some far horizons, many moons be...


Ediscovery, California Supreme Court

California Supreme Court Review: May 2023

Jun. 5, 2023
By Andrew S. Ong, Yoona Lee

If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the gro...


Torts/Personal Injury, Insurance

Insurance company wrongfully conflates duty to defend with insured’s potential liability in third party action. On appeal, the...


Government, Environmental & Energy

Ironically, the governor's proposal to streamline and simplify CEQA may be delayed until next year due to its complexity.


Government, Constitutional Law

'Deputy Gangs': fact or fiction?

Jun. 2, 2023
By Tom Yu

Within each patrol station, there are station tattoos that are unique to the unit of assignment. Apparently, the only two grou...


Civil Procedure, Alternative Dispute Resolution

Legal professionals practicing in the cryptocurrency sector must keep jurisdictional challenges in mind, particularly when dea...


Land Use, Government

Hurdles remain for Colorado River agreement

Jun. 2, 2023
By Meredith E. Nikkel, Samuel Edward Bivins

Lower Division States’ agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in...


Government, Constitutional Law

The requirement that employers bargain before implementing new terms and conditions of employment is sacrosanct and should be ...


Military Law

Incarcerated veterans gathered into HUBs

Jun. 1, 2023
By Eileen C. Moore

Veteran’s failed suicide led to monumental changes in California’s prisons for incarcerated veterans.


If someone is unable or unwilling to even receive certain information or limits the sources from which they are willing to rec...


U.S. Supreme Court, Government

In a strongly worded dissent, Justice Samuel Alito, joined by Justice Neil Gorsuch, asserts that because the petitioners are n...


Labor/Employment

No wonder employment attorneys are among the most fortunate in our profession. We are smart, bold, personable, creative, savvy...


Alternative Dispute Resolution, Administrative/Regulatory

Tips to streamline settlement of CEQA lawsuits

May 31, 2023
By Gideon Kracov

The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore ...


If someone as iconic and famous and, in theory, powerful as Tina Turner struggled so much to separate herself from her abuser,...


U.S. Supreme Court, Intellectual Property

A transformative decision on fair use?

May 31, 2023
By Ashfaq G. Chowdhury

Some Observations on Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.


In addition to incarceration, Holmes and Ramesh “Sunny” Balwani were ordered to pay jointly and severally over $450 million in...


Raising the debt ceiling is imperative for the American people. Congress needs to legislate on behalf of all Americans, not pa...


An attorney used generative artificial intelligence to write a pleading. What followed was a lawyer's worst nightmare. By Pau...


Alternative Dispute Resolution

Both poker and mediation negotiations involve perceived wagers and evoke a tension between playing one’s cards and playing one...


Land Use, Constitutional Law

Takings day at SCOTUS

May 30, 2023
By Michael M. Berger

A wag once noted that “a navigable river is any river with enough water in it to float a Supreme Court opinion.” See United St...


U.S. Supreme Court, Military Law, Government

Since the high court ruled that the National Guard acts as a federal agency due to its supervision and hiring of dual-status t...


Securities

SEC mandates tighter share repurchase disclosure

May 30, 2023
By Sara L. Terheggen

Companies should use the available transition period to establish their disclosures, benchmark against peers and be nimble eno...


Land Use, Insurance

Most of the damages caused by earth movement are not covered by insurance. Mitigation funding through geologic hazard abatemen...


Ethics/Professional Responsibility

Lessons learned from taking a true summer vacation

May 26, 2023
By Joanna L. Storey Mishler

Being well makes it much easier to be competent. California is ahead of the curve on this one, as the American Bar Association...


Environmental & Energy, Administrative/Regulatory

Turning from roads to rails: CARB approves In-Use Locomotive Regulation

May 26, 2023
By Maureen F. Gorsen, Caleb J. Bowers

The In-Use Locomotive Regulation is the first of its kind in terms of state regulation of in-use locomotives. But the regulati...


Technology, Law Practice

Several prognosticators have predicted a seismic shift in the legal profession within two years’ time, with both legal fees an...


Government, Criminal

Practically speaking, getting rid of the bail schedule is going to harm all persons arrested in Los Angeles County.


Tax

Sell stock at a big gain but pay no tax?

May 25, 2023
By Robert W. Wood

If the stock qualifies as qualified small business stock (QSBS), you might pay zero federal tax.


Torts/Personal Injury, Civil Litigation

If Hsu v. Tesla is any guide, with accurate and precise instructions and effective testimony from the defendants' engin...


Intellectual Property

All courts agree that de minimis use defense applies in analyzing whether enough of a copyright protected work has been copied...