Law Practice, Technology
Pure logic alone is insufficient on the path toward AI and the law
By Lance Eliot
A common assumption is that the law ought to be readily codified into a form of pure logic and thus amenable to easily being e...
Criminal
California’s new misdemeanor diversion law is fatally flawed
By Todd A. Spitzer
While Assembly Bill 3234 has been touted as a saving grace for first-time misdemeanor offenders who may be offered diversion b...
Administrative/Regulatory, Civil Litigation
Twitter, Hunter Biden and the CDA’s Section 230 safe harbor
By Daniel Rozansky, Cristy Jonelis
Twitter is once again making headlines after blocking users from tweeting two New York Post articles on the basis that the art...
Appellate Practice, Civil Litigation, U.S. Supreme Court
Court to weigh appellate jurisdiction under removal statutes
By John F. Querio, Lacey L. Estudillo
This term, the U.S. Supreme Court will address whether 28 U.S.C. Section 1447(d) permits a federal court of appeals to review ...
Corporate, Covid Columns, Data Privacy
Ransomware attacks leave companies with a Catch-22 decision
By Anita Taff-Rice
Ransomware attacks are carried out by cyber criminals who hack a company’s computer systems and encrypt or otherwise block acc...
Corporate, Tax
Choice of entity dynamics for businesses could change yet again
By Robert W. Wood
2021 seems likely to hold big tax changes, but how much higher will they go, and on what specifically?
Covid Columns, Family, Probate, Torts/Personal Injury
Tidal wave of financial elder abuse cases will hit after COVID
By Scott E. Rahn
As quarantine restrictions loosen around the country and people have access to family members, cases of financial elder abuse ...
Covid Columns, Family
Custody during the pandemic: When the bubble bursts
By Cara L. Boroda
The courts informed the public that the pandemic was not a time to change agreements and hard-won orders and to deviate from l...
Civil Litigation, Civil Rights, Corporate
Shareholder derivative suits focus on diversity at the top
By Virginia F. Milstead, Peter B. Morrison
Over the past few months, a spate of shareholder derivative actions and new California legislation have focused on diversity a...
Immigration
Victories affirm California's right to protect immigrants in detention
By Jackie Gonzalez, Hamid Yazdan Panah
Earlier this month, a federal district court issued a ruling largely upholding the constitutionality of Assembly Bill 32, a la...
Corporate, Securities
Ruling addresses ‘corrective disclosures’ in securities suits
By D. Scott Carlton, April Hua
The 9th Circuit recently issued yet another opinion seeking to clarify what constitutes a “corrective disclosure” of fraudulen...
Government
Parties set for hearing on declassification of Mueller investigation
By John H. Minan
On Oct. 6, litigation over access to documents related to the investigation into Russian interference in the 2016 election too...
Real Estate/Development, Government, Tax
Props 15 and 19: What voters need to know about property tax changes
By Sophia Y. Cizmarik
We are all being inundated with news coverage of the presidential race and information about the candidates. However, far less...
Justice Neil Gorsuch and the rule of law
By Alan Charles Dell'Ario
As he wrote in two recent decisions, consequences of federal laws unforeseen by their drafters are no reason to decline to app...
Adapting to conservative courts
By Myron Moskovitz
In my salad days, I went through something similar to what we’re seeing on the courts today. It requires adjustments, not surr...
9th U.S. Circuit Court of Appeals, Entertainment & Sports
Congressional bill seeks to resolve student athlete compensation debate
By Jonathan Faria
Congress appears ready to enter the ongoing battle for control over the NCAA’s amateurism rules with the introduction of the b...
Constitutional Law, Government
Emoluments case rejection weakens a constitutional guardrail
By John H. Minan
On Oct. 13, the Supreme Court denied the plaintiffs’ petition for certiorari in a case accusing the president of violating the...
Government
Proposition 18: Should we allow 17-year-olds to vote in elections?
By Paul Kujawsky
There’s a sound physiological reason that teens on average are less prudent than adults. The prefrontal cortex governing behav...
Real Estate/Development, Banking
SB 1079 is a set back for both lenders and borrowers
By Robert S. McWhorter, Jarrett Osborne-Revis
This bill makes nonjudicial foreclosures slower, more expensive, and a less appealing remedy against defaulting trustors-debto...
California Supreme Court, Civil Litigation
The risk of absolute product liability
By Glenn Lammi
The California Supreme Court will soon decide whether to review Johnson v. Monsanto, a product-liability case that spawned ten...
Data Privacy, Government
Prop 24 would help revitalize California’s economy
By Dominique Shelton Leipzig, David Biderman
Proposition 24, the California Privacy Rights Act, offers a potential solution to the EU’s call for action after invalidating ...
Administrative/Regulatory
THC’s Prop 65 listing may lead to more enforcement in 2021
By Willis M. Wagner
On Jan. 3, California regulators listed delta-9-tetrahydrocannabinol, more commonly known as THC, as a Proposition 65 chemical...
Covid Columns, Ethics/Professional Responsibility, Law Practice
Fulfilling ethical obligations practicing during a pandemic
By Brian Slome, Jessica Beckwith
Lawyers continue to work full time while serving as teachers, housekeepers, chefs and caregivers. As a result, lawyers must fi...
Law Practice, Technology
Artificial Intelligence might spur a three-tiered practice of law
By Lance Eliot
Existing exhortations about allowing nonlawyers to practice law has created alternative visions about a possible two-tiered ap...
Just like a carpenter, trial lawyers must have specialized tools ready to tackle unexpected situations.
Ethics/Professional Responsibility, Law Practice
Deciphering conflicts based on personal relationships with opposing counsel
By Mark L. Tuft
A recent ethics opinion by the American Bar Association examines intimate relationships, friendships and acquaintances with op...
California Supreme Court, Covid Columns, Judges and Judiciary
The California Supreme Court during a pandemic: by the numbers
By Kirk C. Jenkins
On March 13, President Donald Trump declared a state of emergency due to the COVID-19 pandemic. Since that time, the Californi...
California Supreme Court, Civil Rights
Historic appointment of Justice Jenkins is a victory for all
By Rick Chavez Zbur
“It’s not my victory, it’s yours and yours and yours,” Harvey Milk said after winning a seat on the San Francisco Board of Sup...
Legal Education, State Bar & Bar Associations
Major study questions connection between bar exam cut score and public protection
By Mitchel L. Winick
Ground-breaking research, published this week, reports that the high minimum passing score (“cut score”) on the California bar...
9th U.S. Circuit Court of Appeals, California Supreme Court, Civil Litigation, Entertainment & Sports, Intellectual Property
Supreme Court sings swan song to Led Zeppelin suit
By Bill Hochberg, Todd W. Bonder
After a silly season of song suits, we may be returning to the tradition of standing on giants’ shoulders, borrowing words or ...