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Law Practice

Lien on me: The power of liens in judgment collection

Mar. 5, 2024
By Ira M. Friedman, David Friedman

There are various liens that a judgment creditor can use to enforce a money judgment against a debtor’s property, such as abst...


U.S. Supreme Court

Supreme Court’s supreme chill

Mar. 5, 2024
By William Slomanson

The Supreme Court’s decision to freeze the trial proceedings deprived the public of its right to a speedy trial and the inform...



Labor/Employment

Recent NLRB decisions affecting non-union employers

MCLE
Mar. 5, 2024
By Arthur F. Silbergeld, Aya Z. Elalami

The NLRB has created a new rule that allows unions to bypass elections and demand recognition from employers based on a majori...


Ethics/Professional Responsibility

Rule 1.11 is relevant for contemporary lawyers who explore new career options within the modern economy and legal climate, and...



Law Practice

Screw Ups (a euphemism)

Mar. 4, 2024
By Arthur Gilbert

Change permeates all levels of society, including the judiciary, where judges are no longer removed from the real world, but a...


Government

Remembering Navalny

Mar. 4, 2024
By Richard Wirick

Alexei Navalny decided to return to his homeland despite the risks, as he felt it was his duty and destiny.



Appellate Practice

'Forfeitures' on Appeal Part I: The basic rules

Mar. 4, 2024
By Myron Moskovitz

A persistent frustration lies in the concept of “forfeiture,” where appellate arguments are barred due to not being raised in ...


The San Diego County Board of Supervisors has passed a law that delays and reduces property tax bills for property owners who ...



Los Angeles County District Attorney George Gascón has a policy of not transferring minors who commit murder and other horrifi...


Corporate

The Department of Justice expects companies to disclose misconduct within a reasonably prompt time after becoming aware of it,...



Civil Rights

Sexual orientation bias is a significant factor that affects the electoral outcomes and the representation of minority groups ...


Intellectual Property

The relationship between AI and patent, copyright, trademark, and fair use

Mar. 1, 2024
By Sarah S. Brooks, Sophia I. Duenas

There is no clear consensus on whether AI’s ingestion of data and authored works for learning is fair use. Some argue that it ...



The illegal Chinese immigrants are not spies or agents of the Chinese Communist Party, but rather economic migrants and seeker...


Technology

Bumbling into the digital age: California’s Flash Act

Mar. 1, 2024
By Isaac D’Amore Nieblas

A plaintiff who suffers from cyber flashing can recover economic and noneconomic damages, including emotional distress, of not...



Civil Rights

A state appeals court recently instructed a San Diego trial judge to rehear the basis of a traffic stop, and to consider the p...


California Supreme Court, Criminal

Blanket commutations and twice-convicted felons

Feb. 29, 2024
By Jason R. Marks

The California Supreme Court should approve a mass commutation of death sentences, based on the court’s criteria and the Gover...



Law Practice

Combining the “Six Degrees of Separation” concept with CRM systems and a comprehensive approach to relationship enhancement ca...


Entertainment & Sports, Labor/Employment

Despite potential challenges in determining bargaining units and addressing gender discrimination, the ruling signifies a sign...



Constitutional Law

The law has two roles: to constrain our behavior so that we do not harm others, and to promote peace and prosperity throughout...


Both parties should be clear in their understanding and agreement as to what an advance payment is for, and that if it is an a...



Administrative/Regulatory

…but some animals are more equal than others

Feb. 28, 2024
By Michael M. Berger

Courts have overturned decisions by city councils or other agencies that acted as appellants and adjudicators in their own cas...


Intellectual Property

Warner Chappell Music, Inc. v. Nealy could affect the incentives and challenges for copyright owners to monitor and enf...



Litigation & Arbitration

The litigation privilege protects communications and conduct related to litigation from most tort claims, but it may not apply...


Technology

Patents and artificial intelligence – how do they fit together?

Feb. 28, 2024
By Isabella Chestney, Jordan Nafekh

Some of the common questions and challenges that arise from the intersection of artificial intelligence and patent law.



A 1031 exchange allows the seller to avoid or limit capital gains tax on the swap. However, depreciation recapture may apply i...


Contracts, Real Estate/Development

Seller carry-back financing can be risky and potentially illegal, especially if it is not disclosed to the existing lender or ...



Alternative Dispute Resolution, Family, Health Care & Hospital Law, Insurance

Mediation could have offered a better alternative to litigation, as it could have allowed the parties to create more balanced ...


Securities

Preparing for lawsuits challenging a company’s sale of securities

Feb. 27, 2024
By Andrew S. Ong, Kourtney Kinsel

Some California superior court decisions have held that the PSLRA discovery stay does not apply to securities claims brought i...



Law Practice

Microaggression and gaslighting in the legal profession

Feb. 26, 2024
By Angela Reddock-Wright, Halim Dhanidina

The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions,...


Education Law

Debate over parental involvement in education reignites

Feb. 26, 2024
By William W. Bruzzo

All youth, regardless of whether they are homeschooled or not, should be taught and assessed on a standardized basis to ensure...