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Constitutional Law

A police warrantless blood draw ruled improper

Jan. 18, 2024
By Dmitry Gorin, Alan Eisner

An initially conscious and lucid suspect who becomes unconscious, or seemingly unconscious, requires law enforcement to obtain...


Individual case inventories increased because few cases were ready for trial in the first two years of the pandemic, and settl...


Intellectual Property

Determination of reasonable royalty is often difficult to prove and can leave a large portion of the profits with the infringe...


Government

Private prisons in America: punishment for profit

Jan. 18, 2024
By K. Chike Odiwe

Because of the way contracts are constructed between private prisons and the government, private prisons depend on being at fu...


California Supreme Court

The California Supreme Court declined to review a significant appellate court ruling related to public disclosure of peace off...


Constitutional Law

Is Donald Trump disqualified from being president?

Jan. 17, 2024
By Erwin Chemerinsky

It is tempting to be dismissive and speculate that the conservative Roberts Court, with three justices appointed by Trump, wou...


Constitutional Law

In light of recent and upcoming political events, as well as the current divisive political climate, the need for civic educat...


California’s attempts to tax nonresidents often lead to controversies, as evidenced by the well-publicized tax disputes that m...


U.S. Supreme Court

California exactions – one more time

Jan. 16, 2024
By Michael M. Berger

We revisit Sheetz v. County of El Dorado today because the United States Supreme Court accepted the invitation, granted...


Appellate Practice

Using ‘old’ precedent cases

Jan. 16, 2024
By Myron Moskovitz

What lawyers think of old cases is not important. What counts for advocates is what our targets - the judges - t...


Entertainment & Sports

The NCAA transfer portal is populated with rising stars in college athletics, and thousands of followers are devoted to tracki...


Judges and Judiciary

We become so accustomed to our own processes that it is easy to forget how unfamiliar and daunting they can feel to someone in...


Litigation & Arbitration

The absence of a standardized definition for “clean” allows manufacturers facing legal challenges to argue that additional mat...


Labor/Employment

New law requires employers to grant leave for 'reproductive loss'

Jan. 12, 2024
By Kacey R. Riccomini, Joseph Scott

Reproductive loss is broadly defined under the new California law. A “reproductive loss event” can occur over one or more days...


Judges and Judiciary

Not stipulating to a commissioner, sometimes at the last minute, has created a hole in the legal system which is rife for dela...


Criminal

Will increased penalties reduce theft?

Jan. 12, 2024
By Laura W. Halgren

It is true that options for dealing with convicted shoplifters are more limited under Proposition 47, but are the options any ...


Corporate, Environmental & Energy, Labor/Employment

With increased green marketing claims comes greater scrutiny, which courts are taking seriously.


Technology

Tesla recalls: Too little, too late?

Jan. 11, 2024
By Miguel A. Custodio

Whether because of the lawsuit or for some other reason, Tesla has now recalled just about every car it ever built. Despite th...


Corporate

Managing ESG litigation risk for companies

MCLE
Jan. 11, 2024
By Brian D. Israel

ESG-related litigation can take many forms, but there are clear guidelines for companies seeking to mitigate against the risk ...


Health Care & Hospital Law

As care providers prepare to engage in statewide health information exchange in 2024 under the California Data Exchange Frame...


Family, Letters

Is there anything we or the courts can do to remedy some of the shortcomings and systemic failures that harm our families and ...


Labor/Employment

For whom the statute tolls

Jan. 10, 2024
By Aaron L. Osten

The statutory filing deadlines for Fair Employment and Housing Act discrimination claims to the California Civil Rights Depart...


Although social media has played a role in litigation for almost two decades, the world of social media today is far more comp...


Seventeen questions and answers about Family Code Section 6309 – the new law permitting (and limiting) discovery in domestic v...


Labor/Employment

In general, the right of an employee to file a PAGA action cannot be waived by contract, but there is an exception for constru...


U.S. Supreme Court

By granting certiorari, the Supreme Court has indicated that at least four justices are interested in considering wheth...


Constitutional Law, Government

The Supreme Court will rule against Colorado

Jan. 9, 2024
By Stephen Yagman

Section 3 of the Fourteenth Amendment is unenforceable. In order for there to be enforcement of section 3, there must have bee...


Criminal, Government

Predictions for the Trump lawsuits for 2024

Jan. 9, 2024
By David H. Moskowitz

Former president Donald Trump has several cases pending against him. Some of those cases could be delayed to the point of moot...


Administrative/Regulatory, Data Privacy

New privacy considerations under CPPA regulations

MCLE
Jan. 8, 2024
By Chiara Portner, Kenny Gutierrez

Although the regulations are in a nascent phase and subject to change, businesses should keep track of what information is bei...


Judges and Judiciary

Stuff happens

Jan. 8, 2024
By Arthur Gilbert

When I write or speak about Herb Morris, I use the present tense because his presence is palpable. His influence in many disci...