Multiple new laws related to housing development go into effect this year, and could finally bring a much-needed boost to a st...
Judges and Judiciary
Judicial training through AB 1846 should be law in California
By Nancy E. O'Malley
It is time for California Judges to be educated about the impact of sexual assault on the victim/survivor, and training must i...
Appellate Practice
Let’s party: Federal courts and the party presentation doctrine
By Benjamin G. Shatz, Benjamin E. Strauss
Courts at all levels, including the Supreme Court, continue to struggle to color within the lines of the party presentation do...
Alternative Dispute Resolution
The advantages of mediating Computer Fraud and Abuse Act disputes
By Daniel B. Garrie, Gail A. Andler
CFAA cases often involve highly sensitive information, and mediation offers a unique level of privacy as generally mediation b...
Administrative/Regulatory, Government, Land Use
Wining and defining: regulating wineries that pre-dated Napa County's Winery Definition Ordinance
By Victoria Wood
To operate lawfully, Napa Valley wineries must comply with State and Federal laws, as well as the County’s general-plan, zonin...
Here are two awkward moments that occurred at the Music Center in Los Angeles. I could have been arrested.
Intellectual Property, Technology
‘AI-Generated’: the 8th dirty word?
By Jesse E. Morris, Neiloofar Sajedi
When it comes to the words in the ‘George Carlin: I’m Glad I’m Dead’ special, there could be a potential violation of the deri...
Torts/Personal Injury
Wipeout! Court rules assumption of the risk applies to surfing
By Michael E. Rubinstein
Assumption of the risk applies to most sporting activities. Olson v. Saville adds to the long list of California cases ...
Construction
Payment bond sureties’ right to attorneys’ fees clarified
By Garret D. Murai
Prevailing payment bond sureties, even if defended by their principals pursuant to a defense and indemnity agreement, are enti...
Military Law
Benjamin O. Davis Jr. defied racism and embodied unwavering dignity in his career
By Eileen C. Moore
For four years every cadet at West Point refused to acknowledge his presence. At his 1936 graduation, General John J. Pershing...
Torts/Personal Injury
Liens, insurance and attorney referrals
By Allen P. Wilkinson
There are a number of reasons for a client to seek treatment with a lien physician, though defense lawyers have criticized the...
Torts/Personal Injury
Mastering the FLP method for non-economic damages arguments in trial
By B.J. Abron
Closing arguments are where the FLP method truly shines in arguing for non-economic damages. This three-step approach involves...
Labor/Employment
Worker classification: New rules shouldn’t change settlement calculus
By Joe Lovretovich
US Department of Labor rule changes slated to go into effect March 11 are sure to have a significant impact on businesses acro...
Government, International Law
The US drug war is failing, echoing China’s missteps
By Xinying Huang
Legalizing drug use, in the name of public welfare and private health, is accumulating momentum in the United States. An appro...
Alternative Dispute Resolution
Can adult survivor claims disregard arbitration agreements under the EFAA?
By Abe Melamed
In light of the ongoing confusion surrounding the definitions of “arise” and “accrue” for purposes of applying the EFAA’s arbi...
Military Law
New California regulation protects veterans’ spouses
By Matthew P. Vafidis
A nonveteran spouse or domestic partner admitted to a California Veterans Home in a joint admission with a veteran may continu...
Federal officials vet prospective TN visa applicants before they come to the U.S., but there is no subsequent monitoring of em...
Family
Constricting information considered leads to unfairness and injustice
By Mark B. Baer
Even if the Elkins Family Law Task Force recommendations were all implemented into the family law system, it would still have ...
9th U.S. Circuit Court of Appeals, Constitutional Law
High-profile FBI search violates the Fourth Amendment
By Dmitry Gorin, Alan Eisner
A Ninth Circuit panel vindicated plaintiffs’ Fourth Amendment claims, reversing a district court’s judgment in favor of the go...
Health Care & Hospital Law, Mergers & Acquisitions
A new era in California health care M&A
By Jordan E. Grushkin, Matthew J. Goldman
Though it is too early to tell how aggressive the California Office of Health Care Affordability will be in subjecting transac...
Alternative Dispute Resolution
Arbitrator disclosure: designed to ensure fairness
By Tricia A. Bigelow
Disclosure is required whenever a reasonable, informed person could entertain doubts about the arbitrator’s impartiality.
Ethics/Professional Responsibility, State Bar & Bar Associations
California’s new civility MCLE requirement should focus on bias-driven incivility
By Jacqueline Simonovich
While the revised Rule does not address incivility within organizations, it is important to note that lawyers who are uncivil ...
The recent People v. Gray decision has the potential to significantly dilute the predictability that comes from the bri...
Corporate, Securities
2024 IPO outlook: Rise or fall of the unicorn?
By Sara L. Terheggen
The badge of unicorn requires more than just a lofty idea and a hint of innovation, it demands revenue numbers that can be tra...
The issue in Camenzind v. California Exposition & State Fair was "whether, under either the First Amendment or the ...
California Supreme Court, Labor/Employment
Trial courts’ tool box doesn’t include PAGA manageability authority
By Chandra S. Andrade, Benjamin R. Buchwalter
Unmoved by the employers’ argument that its holding would rob courts of their “full toolbox” to ensure judicial economy, the C...
Constitutional Law, Government
Got standing? US agency says former student does not in school-related milk case
By Jordyn Ostroff
The US Dept. of Agriculture contends former Los Angeles student lacks standing to challenge statute prohibiting school lunch p...
Data Privacy, Technology
How the FTC’s proposed COPPA Rule changes could impact the video game industry
By Stacey Chuvaieva
The FTC’s proposal to expand the list of factors defining whether a website is “directed to children” raises concerns for indu...
How to determine whether multiple counts arise from a single act and from an individual course of conduct, the applicability o...
The recently enacted bail schedule created by LA Superior Court judges began with good intentions, but has had disastrous outc...