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Civil Procedure, California Supreme Court

California Supreme Court Review: March 2023

Apr. 13, 2023
By Andrew S. Ong, James Nikraftar

If the Supreme Court decides that a court in a non-California forum is one of competent jurisdiction to rule on a motion to c...


Government, 9th U.S. Circuit Court of Appeals

Beyond Mifepristone: The potential implications of AHM v. FDA on FDA's authority

Apr. 13, 2023
By Joshua Oyster, Douglas Hallward-Driemeier

The prospect of other judges in future cases similarly substituting their own judgment for FDA’s expert scientific determinati...


Wills, Estates & Trusts

Modification of trusts

Apr. 13, 2023
By Robin Klomparens

Many states have expanded their laws authorizing modifications to irrevocable trusts, including allowing adaptations for tax l...


California Supreme Court

Castellanos shows the futility of petitions for review

Apr. 12, 2023
By David A. Carrillo, Stephen M. Duvernay

Our state high court exists to maintain consistency and clarity in the law – not to correct errors.


Family, Constitutional Law

Paint it black

Apr. 12, 2023
By Brian M. Hoffstadt

Juvenile dependency presents somewhat unique issues of mootness.


Intellectual Property, Cannabis

Cannabis trademarks

Apr. 12, 2023
By David Schnider

As with most things in the cannabis industry, brand protection is more challenging than it would be for a non-cannabis company.


Technology, ESG

Responsible AI as part of a company's ESG framework

Apr. 11, 2023
By Susan H. Mac Cormac, Stephanie Sharron

How "Responsible AI" practices in combination with ESG frameworks can be applied both to mitigate risk and support a corporat...


Government, Criminal

Trump’s greatest deal

Apr. 11, 2023
By Vaughn R. Walker

Trump is a dealmaker and he may yet be able to make his greatest deal of all. The election cycle is just around the corner – o...


Technology, Law Practice

ChatGPT proved to be a liar and a literary fraud in my very first interaction with him, ah … it. How very human. There are man...


U.S. Supreme Court, Ethics/Professional Responsibility

Several steps should be taken to help ensure that there is both the perception and the reality of a Court complying with the h...


Ethics/Professional Responsibility

A trail of decision-making breadcrumbs

Apr. 10, 2023
By Alanna G. Clair, Shari L. Klevens

An attorney may have to defend or justify a decision that was made during the representation, even when those decisions includ...


Constitutional Law

42 U.S.C. § 1983 brings out the best and worst of our system

Apr. 10, 2023
By Robert L. Bastian Jr.

When the court finally interprets the constitutional tort system the 42nd Congress actually intended, the entire system will ...


Law Practice, Civil Procedure, Appellate Practice

“When a complaint contains allegations that are fatal to a cause of action,” stated Justice M. Bruce Smith, “a plaintiff canno...


Data Privacy

Privacy laws that regulate cookies tend to crumble when implemented

Apr. 7, 2023
By John A. Vogt, Ryan D. Ball

Privacy law remains unpredictable as courts continue to grapple with the application of decades-old privacy statutes to new tr...


Judges and Judiciary, Ethics/Professional Responsibility

The perils of politics

Apr. 7, 2023
By David Rosenberg

Attorneys – as ambassadors of the courts, please work to help educate others on the importance of judicial independence and ke...


Technology

Artificial “intelligence” or Hal 9000 goes to law school

Apr. 7, 2023
By Paul R. Kiesel, Jeffrey A. Koncius

There is no doubt that AI is an amazing tool with great promise. And while it is fun to ask for all sorts of things from these...


Entertainment & Sports, Contracts

Were the Dolphins locking in Tua because he may have a career ending sickness or injury in the future and the team already pur...


Entertainment & Sports

Stream it Tonight! Marriage Story (2019)

Apr. 7, 2023
By Michael Asimow, Paul Bergman

The movie amply illustrates the emotional wreckage that the adversarial divorce process leaves in its wake.


U.S. Supreme Court, Securities

Should SCOTUS cut securities fraud defendants some slack?

Apr. 6, 2023
By Adam M. Apton, Devyn R. Glass

Without a clear mandate, regulations intended to safeguard the public should not be rolled back.


Law Practice

Matters of opinion or taste are not facts

Apr. 6, 2023
By Mark B. Baer

The ability to recognize that your opinion, your perspective, your taste, and your truth is not an objective verifiable and un...


Torts/Personal Injury

Brain injuries can be difficult to detect

Apr. 6, 2023
By Negin Nazi

The importance of recognizing subjective symptoms in traumatic brain injury cases: A perspective from a former defense attorne...


Military Law, Family

A change to the California Family Code that requires attention be given to mental illnesses doesn't go into effect until Janua...


U.S. Supreme Court, Communications Law

During the lengthy arguments some of the justices struggled with what linked Twitter to the perpetrators of the terror attack,...


Legal Education

What exactly is the point of law school?

Apr. 5, 2023
By Chris Arledge

Many of our academic institutions have formal rules protecting free speech. But illiberal or craven administrators often refus...


Torts/Personal Injury, Civil Litigation

How debtors can avoid judgment and deny plaintiffs’ victory in court

Apr. 5, 2023
By Brian S. Kabateck, Hugo Flores

When there is no insurance policy to collect from easily, a plaintiff must act quickly and decisively to ensure payment of the...


Technology, Law Practice

Let’s not replace the lawyers

Apr. 5, 2023
By John J. Kralik

The ChatGPT moment is not the moment when we decide whether a computer can replace the legal profession. That debate is...


Labor/Employment, Government

The tension between the direct democracy and representative democracy is acute, and the fault lines are only becoming more vis...


That grim fact can be an unpleasant surprise to fire victims and seems particularly unfair.


Legal Education, Appellate Practice

The appellate lawyer’s bookshelf

Apr. 4, 2023
By Benjamin G. Shatz

Sure, a lot can be done with online services and the Internet, but aren’t certain books simply essential to have and to hold?


Ediscovery, Contracts, Alternative Dispute Resolution

One popular approach for challenging the validity of employment arbitration contracts is to characterize the discovery limitat...