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Labor/Employment, Real Estate/Development

The $7 million reason to pay attention to the Fair Employment and Housing Act

Apr. 11, 2024
By Matthew J. Matern, Vanessa Rodriguez

The California Fair Employment and Housing Act aims to provide the greatest protection for individuals with disabilities, and ...


The case is stalled due to unresolved pretrial motions, which are aimed at delaying the trial until after the 2024 election an...



Criminal, Judges and Judiciary, Probate

Care Court: Where it fails and where it sails

Apr. 10, 2024
By Megan A. Moghtaderi

CARE Court is a legal process that aims to help individuals with schizophrenia spectrum and other psychotic disorders, but it ...


Litigation & Arbitration

California: friend or foe of arbitration?

Apr. 10, 2024
By Marc D. Alexander

In a recent California appellate decision, the majority opinion claimed to support the objectives of arbitration, while the mi...



Appellate Practice, Civil Procedure

SB 365 could lead to more litigation over FAA preemption, trial court discretion, and the efficiency and fairness of proceedin...


Constitutional Law

The court stated that free speech is not without restrictions and that speech integral to criminal conduct or fraud is exclude...



Intellectual Property

The Federal Circuit’s decisions signal its determination to emphasize the significance of objective criteria in obviousness an...


Civil Rights

Fearless has a face: Join us in standing with the Fearless Fund

Apr. 9, 2024
By Phillip Kim, Chinwe Ohanele

The Fearless Foundation, a nonprofit that provides funding and resources for women of color entrepreneurs, is facing a lawsuit...



Constitutional Law, Labor/Employment

What would Clara Shortridge Foltz think?

Apr. 9, 2024
By Phyllis W. Cheng

Article 1, section 8 should be revived and restored to its rightful place. It has been used to challenge sex discrimination in...


Intellectual Property

Companies facing exclusion orders are trying to challenge the International Trade Commission in court or through legislation, ...



Corporate

The False Claims Act (FCA) saw a record-breaking year in 2023, with 1,212 new cases initiated, a 26% increase over the previou...


Law Practice

Mediating the French-American business dispute: Culture, etiquette, and language will make or break the resolution.



Data Privacy

Rising above the noise of privacy laws

Apr. 8, 2024
By Deborah Greaves

With new privacy laws making it easier for consumers to opt out of targeted advertising, it has become challenging for online ...


Real Estate/Development

In Ramirez v. PK, the 1st District Court of Appeal ruled that the Privette doctrine is inapplicable in landlord-tenant ...



The candidates’ vote shares varied significantly across the county, reflecting the demographic, economic, and political differ...


Redefining the dating relationship

Apr. 5, 2024
By Scott J. Nord, Nicole You

What does it mean to be dating someone? What does it mean to be in a relationship with someone? And is there a difference?



If Senate Bill 1137 is passed, California would become the first state in the nation to recognize intersectionality in discrim...


Labor/Employment

Nothing lasts forever, not even arbitration agreements

Apr. 5, 2024
By John-Paul S. Deol

A recent decision sets a significant precedent that could reshape employment arbitration law in California and requires legal ...



Ethics/Professional Responsibility

Identifying and screening conflicted non-attorney staff

MCLE
Apr. 5, 2024
By Shari L. Klevens, Alanna G. Clair

Hiring due diligence and effective screening measures, such as segregation and restrictions on access to confidential informat...


Environmental & Energy

Conservation groups, led by Wilderness Watch, have sued the National Park Service to halt two projects that aim to regenerate ...



Litigation & Arbitration

There’s no crying in baseball or arbitrations

Apr. 4, 2024
By Thomas A. Kearney

After losing in arbitration and assigning a client’s bad faith claim to the plaintiffs - who sued the insurer and obtained a l...


Corporate, International Law

China’s foreign direct investment landscape is evolving and there is a potential for resilience and growth through proactive p...



Entertainment & Sports

NCAA’s legal and existential dilemmas

Apr. 4, 2024
By Frank N. Darras

The NCAA’s interim NIL rules are under legal scrutiny, and the association is unable to enforce its own policies.


Insurance

A recent case in California highlights the potential for coverage under a Directors and Officers (D&O) policy for computer...



Tax

IRS Form 1099 playbook

Apr. 3, 2024
By Robert W. Wood

IRS Forms 1099 are important tax forms for lawyers and clients, as they report income and allow computer matching of Social Se...


Intellectual Property

The Thousand Talent Program (TTP) is an initiative by the Chinese government to recruit foreign experts in fields that China c...



Ethics/Professional Responsibility

Rule 8.3 of the California Rules of Professional Conduct requires lawyers to report misconduct by other lawyers, but it may co...


Alternative Dispute Resolution, Government

The bill raises concerns about the ethical dilemmas faced by mediators, particularly when they witness attorney misconduct. Pr...



Appellate Practice, Judges and Judiciary

Predicting appellate outcomes based on the panel

Apr. 2, 2024
By Benjamin G. Shatz

Two recent studies examine how the personal and professional backgrounds of appellate judges affect their decisions on the sta...


Deported veterans often cannot access the health care and disability benefits they are entitled to from the VA, either because...