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Administrative/Regulatory, Construction

A dangerous loophole in CSLB’s mechanical suspension policy

Nov. 17, 2023
By Kenneth J. Freed, Jakob Sergei Weitz

There are far too many cases in which the Contractor’s State License Board has wrongly failed to suspend related licenses, ins...


Entertainment & Sports

Stream It Tonight! 'The Burial' (2023)

Nov. 17, 2023
By Paul Bergman, Michael Asimow

The filmmakers passed up a golden opportunity to portray the ineffectiveness of the defense team in the actual case. In a post...


Torts/Personal Injury

Third-party liability in negligent security cases

Nov. 17, 2023
By Mary E. Alexander

To succeed in holding these entities liable, the crime must be reasonably foreseeable, giving rise to a duty to protect the pu...


Family, Judges and Judiciary

Thirteen years after the Elkins Family Law Task Force created a series of recommendations to ensure access to justice and due ...


Constitutional Law, Torts/Personal Injury

First Amendment triumphs over Prop 65 warnings

Nov. 16, 2023
By Amber Trincado, David M. Barnes

Developments on California Proposition 65: First Amendment, short-form warnings, and food products.


Legal Education, State Bar & Bar Associations

For those interested in statistics, the median test taker’s score has declined by about one-third of a standard deviation. Whe...


Letters

The Second Amendment helps preserve our other amendments and protect us from criminals, invaders, rebels, and wild animals. Lo...


Law Office Management, Law Practice

The evolution of distributed law firms

Nov. 16, 2023
By Jacob Stein

The legal community has seen the emergence of a new law firm structure – virtual or distributed law firms – which allows lawy...


Torts/Personal Injury

Why LA County’s talc litigation misses the mark

Nov. 16, 2023
By Lauren Sheets Jarrell

LA County’s talc litigation represents a colossal waste of taxpayer-funded time as public lawyers collaborate with private pla...


Ethics/Professional Responsibility

Does serving on an outside board of directors create risks for attorneys?

Nov. 15, 2023
By Alanna G. Clair, Shari L. Klevens

It is common for attorneys on boards to serve only in their capacity as board members. However, lawyers may feel tempted, ofte...


Ethics/Professional Responsibility

Today, the State Bar is likely to treat complaints about money, including bank reports of bounced checks, as worthy of a full ...


Expert Advice, Litigation & Arbitration

You can’t be an expert in everything

Nov. 15, 2023
By Jae Lee

Legal work is very much a team sport these days, and optimally serving clients in complex matters almost always requires a tea...


Civil Procedure

The relation back doctrine and PAGA

Nov. 15, 2023
By Robin G. Workman

Practitioners may wish to consider if the relation back doctrine applies to PAGA claims. The court in Hutcheson v. Superior Co...


Government, Tax, Real Estate/Development

'Socialism' by Judge Arthur Engoron

Nov. 14, 2023
By Victor S. Dorokhin

How Trump’s fraud case could be an invasion of freedom of contract and a threat to market transactions


Alternative Dispute Resolution

Mediation preparation and negotiating strategies

Nov. 14, 2023
By Michael D. Marcus

“Sell” your case in the brief and impress the mediator with your grasp of the facts and law. Do not rehash obvious legal princ...


Entertainment & Sports

NIL trends and female collegiate athletes

Nov. 14, 2023
By Frank N. Darras

Women’s collegiate sports are more popular than ever. A recent volleyball match’s attendance even broke a world record for int...


Judges and Judiciary

If truth be told

Nov. 14, 2023
By A. Marco Turk

Chief Justice John Roberts was more insightful than he probably realized when, in 2011, he said that “at the end of the day, n...


Constitutional Law, U.S. Supreme Court

What is an infringement of speech?

Nov. 14, 2023
By Erwin Chemerinsky

Two cases pending before the Supreme Court are not examples of government infringing on free speech, and to rule otherwise cou...


Entertainment & Sports, Torts/Personal Injury

California courts define sporting activities broadly. You name it; if it’s an activity that requires even a minor amount of ex...


Labor/Employment, Tax

The credit’s popularity unwittingly resulted in an uptick of ERC scamming companies that persistently misinform taxpayers of t...


Ethics/Professional Responsibility, Judges and Judiciary

How much can judges socialize with lawyers?

MCLE
Nov. 13, 2023
By Wendy L. Patrick

A recent judicial opinion provides sobering guidance.


Family, International Law

A view from The Hague

Nov. 13, 2023
By Scott M. Gordon

Although The Hague Convention is not a topic we deal with every day, the core values of the Convention are topics that we deal...


Government, Immigration

An absurd stalemate on immigration reform

Nov. 13, 2023
By Daniel A. Olivas

In the summer of 2019, I wanted to go beyond fiction and write a play where – through actors – I could more fully humanize the...


Alternative Dispute Resolution, Technology

Human mediators have their own personal life experiences and in almost all cases, a successful outcome hinges on the parties f...


Administrative/Regulatory, U.S. Supreme Court

In Jarkesy, with oral argument scheduled for Nov. 29, the Justices will consider the legality of SEC administrative hea...


Consumer Law, Intellectual Property

E-commerce platform liability for trademark infringement

Nov. 10, 2023
By David Martinez, Zac Cohen

As online shopping continues to surge, nonparty e-commerce platforms can be held liable for helping merchants sell and adverti...


Intellectual Property, U.S. Supreme Court

Due to the significance of the Second and Ninth Circuits in copyright litigation, the existing split has raised concerns about...


Alternative Dispute Resolution, Ediscovery

Mediating E-discovery can save time and money

Nov. 10, 2023
By Daniel B. Garrie, Gail A. Andler

While e-discovery mediation can take many different forms depending on the scale and complexity of the discovery dispute, ther...


Government, International Law

True, China exports chemical precursors to the United States. And true, that exportation can complicate and even exacerbate th...


Constitutional Law, U.S. Supreme Court

Practitioners should keep an eye on the case because it has the potential to make it easier for so-called “innocent owners” to...