California and other state legislatures are working to improve the intelligibility of legislation by limiting sentences to 25 ...
Appellate Practice
Screening the good from the bad before filing an appeal
By Myron Moskovitz
Many cases do not have a strong enough argument or trial court record to have a decent chance of winning. Appellate lawyers pr...
Law Practice
Anti-DEI group’s misuse of an article to undermine DEI is the ultimate spin
By Mark B. Baer
The Kansas State Young Americans for Freedom sought access to DEI funds, by twice citing an article by Mark B. Baer as a reaso...
Jury service can be traumatic
By Laura W. Halgren
Jurors may be exposed to disturbing testimony or evidence that can cause secondary trauma. Some courts offer counseling servic...
Labor/Employment
LA police chief's authority to terminate bad officers is a step in the right direction
By K. Chike Odiwe
Historically, firing an officer has not been straightforward as even serious misconduct cases have not led to termination.
In Brinkmann v. Town of Southold, the Second Circuit ruled that the taking of private property for a passive park was a...
Surveys find that between 11% and 45% of people experiencing homelessness report eviction as a primary cause of their homeless...
Antitrust & Trade Reg.
Epic Games has returned to the Apple Store. Will Apple throw a Hail Mary?
By Luis Blanquez
The European Commission has forced Apple to allow iPhone users to directly download apps from the web and install other app st...
Antitrust & Trade Reg., Real Estate/Development
Changes are coming, but real estate commissions may stay the same
By Tyler Sanchez, Marius Mateescu
The settlement includes practice changes that decouple the buyer’s commission payment from the sale of a home listed on NAR-af...
Civil Procedure
Turning down reasonable 998 offers can be costly
By Arash Homampour
Section 998 offers can be used strategically to evaluate the strengths and weaknesses of cases, but they can also be used for ...
Law Practice
Building a client-centric law firm where loyalty blossoms
By George Brandon
Discover the power of empathy as the foundation of client-centricity, the critical role of effective communication in forging ...
The City of Los Angeles can and should use the California Unfair Competition Law to sue the individuals or companies who resel...
Cannabis
California’s cannabis law leaves law enforcement agencies in a haze
By Geoffrey S. Sheldon, Emanuela Tala
Unless and until SB 1264 or a similar bill is passed it appears that public safety officers are generally free to use marijuan...
Letters
Clemency is not a blanket power that the governor can use to impose his personal views
By Ron Matthias
Clemency is a means to ameliorate or avoid particular criminal judgments in special cases. The statutory application procedure...
Antitrust & Trade Reg.
California revives criminal enforcement of the Cartwright Act
By Bonnie Lau, Eliot A. Adelson
Companies doing business in California should consider the Cartwright Act when developing or updating their antitrust programs...
California Courts of Appeal, Labor/Employment
California Court of Appeal refuses to cut large award of attorney’s fees and costs despite low damage recovery
By John-Paul S. Deol
Employers will need to be more cautious and pragmatic in resolving labor disputes, as they may face significant fee awards eve...
Studies have shown that tough-on-crime laws do not reduce crime rates, but rather increase the number of people in prison, esp...
Securities
Disclosure committees: A key component of good disclosure
By Sara L. Terheggen
The SEC requires public companies to maintain disclosure controls and procedures, and it can sanction companies and officers w...
Tax
The surprisingly important ‘yes or no’ question about crypto on your tax return
By Robert W. Wood
Answering yes or no to the IRS question can have significant consequences, as a false or misleading answer could expose the ta...
Constitutional Law
The two-prong test to distinguish official versus private speech in the social media context
By Blaine H. Evanson, Min soo Kim
The Supreme Court in Lindke v. Freed ruled that a public official's social media activity constitutes state action only...
Consumer Law
Is it time to re-think the consumer expectation test in liability defect cases?
By James J. Yukevich, Cristina Ciminelli
Manufacturers, especially vehicle manufacturers, should be able to present any evidence that shows there was no defect in the ...
Top institutions have notoriously low admission rates, particularly for women and people of color, highlighting the importance...
State Bar & Bar Associations
The Pacific Northwest has embraced making the bar exam optional
By Robert Weinstock
Several states, including California, have been considering alternative pathways to lawyer licensure. Washington and Oregon ha...
California has enacted several statutes that provide greater double jeopardy protection than the constitutional clauses, and b...
Ethics/Professional Responsibility
Legal ethics lessons learned from COPRAC opinions
By Joanna L. Storey Mishler
The Committee on Professional Responsibility and Conduct has published several ethics opinions and helps lawyers navigate risk...
Data Privacy
Cybersecurity threats caused by insiders are costing companies millions
By Anita Taff-Rice
Malicious and negligent employees and contractors account for one-third of data breaches.
Torts/Personal Injury
Parental liability for minor child’s torts
By Reza Torkzadeh, Allen P. Wilkinson
Parents can be held liable for up to $25,000 for the injuries, death, or damage caused by their child’s willful misconduct.
Labor/Employment
PAGA claims: Still room for uncertainty
By Jonathan Andrews, Monique Ngo-Bonnici
There is a lack of clarity regarding the preclusive effect of an arbitrator’s decision in the individual PAGA action and wheth...
Environmental & Energy
Clearing the air on criminal enforcement of hydrofluorocarbon importation laws
By Davina Pujari, Christopher Rheinheimer
Michael Hart is the first person to be charged with illegally importing HCFC-22, a hydrochlorofluorocarbon that depletes the o...
Constitutional Law
Commute them all, revisited
By David A. Carrillo, Brandon V. Stracener
The California Supreme Court has only a limited and procedural review of the governor’s clemency power, and it should concur w...