GUEST COLUMNS
Friday, September 22, 2023
New SEC rules may have prompted MGM Resorts' next day report of expected millions in losses from ongoing cyberattack.
There are safeguards that can be put into place to protect against AI-created misinformation or misleading the judge or jury as to the origin of the evidence. For example, experts or counsel may be duty-bound to inform the court when AI has been used to generate evidence presented.
Thursday, September 21, 2023
Bringing in business is about meeting, connecting, and learning about people and their needs. From that foundation, you can deepen your understanding of the clients, their work, and better help them achieve their goals.
Schools may also have an affirmative duty to identify those students who are being or have been bullied, harassed, hazed, or sexually abused.
Wednesday, September 20, 2023
Boilerplate car leases fail to advise the customer that if their car is in an insured accident and is totaled, the customer will be denied the insurance proceeds which exceeds its outstanding debt owed the Dealer and the Dealer will reap a windfall of those proceeds.
Implementing a statewide training program within schools across California can potentially save hundreds to thousands of victims.
Tuesday, September 19, 2023
Although the rhetoric around rescheduling marijuana is a positive sign, the notion of rescheduling cannabis to a lower schedule – which has been tossed around by the Biden administration – does nothing to correct the injustices created by the war on drugs nor does it prevent them from continuing.
Monday, September 18, 2023
Absent an act of Congress, the FEC has no statutory authority to regulate deepfakes by non-candidate actors.
Friday, September 15, 2023
The relatively new laws impact employee rights and expand the scope of protection to employees.
California employers with workspaces that are prone to extreme heat, such as warehouses, may want to review newly-proposed Cal/OSHA standards.
Thursday, September 14, 2023
All California employers should be aware of updated regulations for the use of criminal history in hiring decisions, many of which went into effect Oct. 1.
New NCAA President Charlie Baker has publicly stated his support of players being able to profit off NIL; it's a great sentiment, but it may be too little too late. Fact-finding missions like the two-day session held over the summer during the Division I Board of Directors meeting noted progress, but unfortunately no major takeaways.
Wednesday, September 13, 2023
The U.S. Treasury Department has proposed new rules meant to make it harder – much harder – for people not to pay tax on their gains when they sell, or when they trade their crypto. It will be a while before these rules take effect, and it is possible that they will change before that critical effective date. But make no mistake, change is coming to the crypto tax reporting world.
Presumably the fentanyl death epidemic is what drove the prosecution to choose a murder over manslaughter. There is no question that we have a big problem on our hands. But is charging someone with murder, at least under these circumstances, going to help solve it?
Tuesday, September 12, 2023
Mike is new to the LASC – he's been here about six months – but not to the California or national court information technology world. When the LASC undertook its national search for a CIO upon the retirement of its longstanding incumbent earlier this year, the nine-page single-spaced job requirements sheet seemed to be describing Mike and his background and experience.
One issue that historically has never been addressed is whether Section 7031 bars a licensed contractor from seeking compensation for work performed by an unlicensed subcontractor. That is, until now.
Monday, September 11, 2023
Many taxpayers spend hours itemizing deductions without realizing that the standard deduction is often a better choice, which some tax preparation companies don't highlight to encourage paid options.
Crane went downstairs into the kitchen, got a knife, and returned upstairs. She waited outside her mother's bedroom door; when Crane overheard the "violent quarrel" resuming, she rushed in past her mother and stabbed Stompanato in the abdomen.
Friday, September 8, 2023
"The Save Our Sequoias Act suggests creating a Coalition of federal, state, and local entities to protect sequoia groves from threats like disturbances and wildfires. Opponents fear the bill could weaken environmental laws, setting a concerning precedent for the nation."
Judgment enforcement is highly technical, varies state-by-state, and can involve complex interactions between state and federal law.
Thursday, September 7, 2023
As AI tools become more prevalent, authors and artists find themselves collaborating with algorithms, raising the question of where human authorship ends and machine creation begins.
Despite the statutory provision labeling group or compilation registration as one work, case law makes clear that group registration is not conclusive as to determination of statutory damages.
Wednesday, September 6, 2023
Machines are skilled at persuading each other, so if machines replaced human judges, engineers could understand the judge-machine's decision-making process and program lawyer-machines to come to the "right" decision.
Even the most experienced trial attorney would be lucky to have picked one hundred juries in their entire career. For this reason, a trial consultant has an enhanced skill set that trial attorneys simply do not have.
Tuesday, September 5, 2023
Once upon a time, we all believed that Judges could always be impartial, but we have since learned that we (like all humans) are the bundle of our education, experience, biases and prejudices – many of which are subliminal and subconscious.
This strategy is not recommended, but if you are not interested in paying common benefit fees for your cases, you should remain separate from, and not participate in, any of the benefits conferred upon you or your client through the joint discovery efforts of lead counsel and do everything on your own.
Friday, September 1, 2023
The tortures and extreme trauma that Everett Alvarez and other POWs experienced at the hands of the North Vietnamese and Viet Cong resulted in changes with regard to the requirements of prisoners of war.
Thursday, August 31, 2023
Hollywood financier TSG Entertainment's recent litigation against Fox and the Walt Disney Company is a tale as old as time.
Two classic Supreme Court cases involved legislative decisions that were enforced during administrative proceedings. Had the Court simply explained that the mode of exaction was not relevant to the takings question, life would have been easier.
Wednesday, August 30, 2023
Done carefully and with the right kind of income, properly moving out of California can reduce or eliminate the sting of California's top 13.3% tax rate. Moving to avoid California taxes can be tricky. But fancy trusts to avoid California taxes without moving no longer work.
In reviewing cases dealing with rounding time policies, appellate courts up until recently stood behind the ruling in See's Candy, opining that a rounding policy is lawful if it is facially neutral and applied "'in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked." That may change.
Monday, August 28, 2023
District Court holds that copyright law is designed to adapt to the times but can't be stretched to works generated with no human involvement.
The NCAA's interim policies on name, image and likeness rights have created a Gordian Knot for athletes and teams, which college sports leaders are calling on Congress to untie. Federal legislators are introducing bills to kick off the new era of NIL in college athletics, with an eye on collectives and their off-the-field impact.
Friday, August 25, 2023
With rideshares, the safety ratings should set most riders' minds at ease. However, that does not mean that one should not be prepared if an accident should occur.
The appeals court ruled a text message is not a voice, finding that even though "'voice' can be used symbolically," there was no evidence Congress intended an "idiosyncratic definition," and most dictionary definitions make clear that the ordinary meaning of "voice" relates only to audible sounds.
The case threatens the FDA's regulatory authority and could lead to established, safe medications being challenged simply because they are politically contentious.
Thursday, August 24, 2023
While the headlines are understandably focusing on Trump himself, the legal community should be looking to its own. We sit in the aftermath of a series of abuses by our so-called colleagues that make the charges against Nixon's legal advisors look like loitering.
Proposed rules pending consideration by the California Supreme Court are premised on the concept that advocacy for a client does not require incivility and that the First Amendment allows for regulation of civility.
Wednesday, August 23, 2023
For the time being, the strike continues. But the unions are far from "holding all the cards." Though the right to strike may be among the most visible economic weapons now on stage, it is only one of many available to unions and employers alike to induce one party to come to the terms desired by the other – though such must always be utilized in good faith.
Property owners could face substantial legal risks from failure to comply with asbestos abatement obligations – including civil, criminal, and injunctive consequences.
New York Times News Service
Facebook CEO Mark Zuckerberg testifies via videoconference before a hearing of the House Judiciary Subcommittee on Antitrust in Washington, D.C. Wednesday.
Facebook CEO Mark Zuckerberg testifies via videoconference before a hearing of the House Judiciary Subcommittee on Antitrust in Washington, D.C. Wednesday.
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NEWS
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General News
Friday, September 22, 2023 |
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| Matthew D. Pearson of Baker & Hostetler LLP emphasized in the demurrer that Congress' intended to preempt lawsuits such as this when it passed the Airline Deregulation Act almost 50 years ago and said the breach of contract claim was added to keep the lawsuit in court. | |
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General News
Friday, September 22, 2023 |
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| District Attorney Thien Ho announced in July that he had opened an investigation to determine whether Sacramento could be held accountable for creating a public nuisance by failing to administer city ordinances like clearing the sidewalks and providing legal, emergency spaces for homeless people. | |
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General News
Friday, September 22, 2023 |
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| Judge Michael Begert, who is presiding over the CARE Court in San Francisco, made clear in an informational meeting for social workers Monday night that participation will be free of coercion. | |
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General News
Thursday, September 21, 2023 |
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| Robert Millman, who's spent 49 years representing employers at Littler Mendelson PC, predicts "more and more legal fees" because litigation is "the only recourse that the employer community is left." | |
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General News
Thursday, September 21, 2023 |
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| An oral agreement among brothers? A fanciful claim to diamonds and property? Decades of fighting among five brothers are to culminate in an LA trial next week. | |
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General News
Thursday, September 21, 2023 |
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| Most of the cities' litigation has been combined before Senior U.S. District Judge James V. Selna in the Central District of California, who will consider the automaker's motion to dismiss the case because the wave of auto thefts was sparked by TikTok videos. | |
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General News
Wednesday, September 20, 2023 |
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| The petition, filed by Michelle Black of Carstens, Black & Minteer LLP, in Los Angeles County Superior Court, says that efforts to modernize the zoo and increase its annual capacity from 1.75 million to 3 million visitors will come at the expense of sensitive bat species and other wildlife. | |
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General News
Wednesday, September 20, 2023 |
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| "It's quite a journey for the court, looking through this spaghetti of bureaucracies trying to interact at the expenditure of time," U.s. district Judge James O. Carter said. | |
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General News
Wednesday, September 20, 2023 |
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| "Based on the information provided by the parties to the court, the possibility of criminal action against Baldwin appears speculative at this time," Los Angeles County Judge Maurice A. Leiter ruled. | |
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General News
Tuesday, September 19, 2023 |
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| Hill, Farrer & Burrill LLP sent a letter about the breach in March 2022, but did nothing since, the lawsuit complains. | |
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General News
Tuesday, September 19, 2023 |
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| "I actually have felt that this is a good example of how a case ought to be handled," said Senior U.S. District Judge Susan Illston. "It doesn't happen that often." | |
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General News
Monday, September 18, 2023 |
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| The lawsuit claims that the city and the State Lands Commission have never conducted a California Environmental Quality Act review of the operations or any of its five-year extraction plans. | |
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General News
Monday, September 18, 2023 |
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| Orange County Presiding Judge Maria D. took away Judge Jeffrey Ferguson's calendar after his arrest and requested that his murder case be heard by a Los Angeles County judge. | |
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General News
Monday, September 18, 2023 |
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| Neutral Jeanne Behling uses patience and understanding to resolve disputes, attorneys say. | |
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General News
Friday, September 15, 2023 |
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| Stoner Cats 2 LLC raised $8 million after over 10,000 NFTs — a type of digital asset — were sold in 35 minutes in July 2021, the SEC said. | |
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General News
Friday, September 15, 2023 |
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| SB 253 cleared the Senate on a 25-8, party-line vote on Tuesday and now sits on Gov. Gavin Newsom's desk. | |
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General News
Friday, September 15, 2023 |
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| The board of directors "spent millions of dollars towards efforts to achieve a 100 percent renewable energy goal," earning the utility millions of dollars in bonuses, which the executives used to increase their compensation, the lawsuit claims. | |
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General News
Thursday, September 14, 2023 |
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| Byron Allen and his companies "now stake their case on a 'core theory' that cynically misrepresents" the defendant's affiliation with a Black-owned advertising agency in Chicago, Amy C. Andrews wrote in McDonald's motion for summary judgment. | |
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General News
Thursday, September 14, 2023 |
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| David R. Marriott, a partner with Cravath, Swaine & Moore LLP, emphasized the practical benefits of the merger in arguments to a 5th U.S. Circuit Court of Appeals panel instead of constitutional challenges to the Federal Trade Commission's authority, accusing the commission of "cherry-picking the record." | |
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General News
Thursday, September 14, 2023 |
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| Some business groups and Republican lawmakers say they want a referendum. | |
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General News
Wednesday, September 13, 2023 |
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| Two of the three 9th Circuit panelists expressed doubt about whether the district court judge approvingly quoted the dissenting judge on a different panel instead of the majority. | |
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General News
Wednesday, September 13, 2023 |
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| Weeks after a complete defense verdict, the Supreme Court reversed a decision by the 9th U.S. Circuit Court of Appeals that a "Bad Spaniels" dog toy, resembling a Jack Daniel's whiskey bottle, was protected under the First Amendment because it communicated a humorous message. | |
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General News
Wednesday, September 13, 2023 |
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| The cross-complaint filed in Los Angeles on behalf of landlord 9419 Mason Partners LLC states that Original Balboa Caregivers owed more than $1.3 million in unpaid rent for a warehouse space by the time it ceased operations in October 2019. | |
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General News
Tuesday, September 12, 2023 |
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| "In this case it's killed the real estate market. Lenders are not lending here. Investors not investing in multiunit housing. We wanted the opportunity to prove it's to the detriment of the public," said plaintiff's attorney Keith M. Fromm. | |
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General News
Tuesday, September 12, 2023 |
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| Attorneys at The Dixon Firm employ a passionate, but balanced approach to helping clients. | |
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General News
Tuesday, September 12, 2023 |
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| "I don't think they would be held responsible for monetary damages … Bar employees and the State Bar itself have immunity from liability for monetary damages," Susan L. Margolis of Margolis & Margolis LLP in Los Angeles commented. | |
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General News
Monday, September 11, 2023 |
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| "Ye's musical composition, with its distinctive arrangement and unique elements, constitutes a trade secret due to its economic value, secrecy, and the efforts taken to safeguard it," attorney Gregory K. Nelson wrote in the complaint. | |
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General News
Monday, September 11, 2023 |
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| Attorneys for Grubhub want to limit the scope to drivers employed during the lead plaintiff's four-month employment from 2015-2016 and dismiss this PAGA claim entirely. | |
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General News
Friday, September 8, 2023 |
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| Goodkin APC partner Michael A. Shakouri accused one of the Regus LLC tenants of transferring their assets and interests to other Regus entities to prevent his client, Younan Properties Inc., from collecting back rent. BYLINE: Antoine Abou-Diwan | |
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General News
Friday, September 8, 2023 |
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| The unit's first case was filed under Penal Code 487m, which allows theft of wages to be charged as a felony. | |
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General News
Friday, September 8, 2023 |
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| "It's very challenging to do CEQA reform through the Legislature. A ballot initiative is the other path," said UC Davis School of Law professor Christopher S. Elmendorf. | |
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General News
Thursday, September 7, 2023 |
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| "Hopefully we get to a spot where the city realizes its mistakes and repeals the 'no-vending zones' ordinance," said Katherine J.G. McKeon with Western Center on Law & Poverty in Los Angeles. | |
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General News
Thursday, September 7, 2023 |
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| "You can't make this stuff up — it's a flawed system and a groundless ruling," Intuit spokesperson Tania Mercado said. | |
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General News
Wednesday, September 6, 2023 |
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| A federal judge in San Francisco tentatively set a bench trial date of Feb. 5, 2024, notably much later than the self-imposed Oct. 18 deadline Microsoft and Activision have to consummate the deal. If that deadline is missed, either party can terminate the agreement, in which case Microsoft may have to pay Activision a $3 billion termination fee. | |
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General News
Wednesday, September 6, 2023 |
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| Counsel for the defendant company denied liability, arguing that the plaintiff could not establish causation because there was no evidence the conditions of the apartment caused him to fall. | |
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General News
Wednesday, September 6, 2023 |
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| Amgen said it is disappointed by the FTC's decision to file the claims, denied wrongdoing, and said it remains committed to completing the acquisition of its acquisition of Horizon Therapeutics in Ireland. | |
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General News
Tuesday, September 5, 2023 |
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| Witnesses speaking in favor of the bill included officials of the Writers Guild of America and SAG-AFTRA, which represents actors. Members of both unions have been striking for months. | |
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General News
Tuesday, September 5, 2023 |
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| California firms could be pressured to increase their wages if they have employees in other states who start earning as much as their managers in California, Seyfarth Shaw litigator Brett C. Bartlett said. | |
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General News
Tuesday, September 5, 2023 |
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| Settling cases is like docking a spaceship, says mediator Roger Clark. | |