GUEST COLUMNS
Tuesday, June 6, 2023
Insurance company wrongfully conflates duty to defend with insured's potential liability in third party action. On appeal, the Court rejected Stillwater's argument that Dua's acknowledgement that she did not own or have custody or control over Taylor's dogs meant that the Peroffs could not establish liability as to Dua and therefore Stillwater did not have a duty to defend her.
If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the grounds for which monetary sanctions for misuse of the discovery process may be sought.
Monday, June 5, 2023
Lower Division States' agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in the face of climate uncertainties and tribal interests.
Thursday, June 1, 2023
The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore common interests in a confidential setting, which are key factors to conflict resolution.
Some Observations on Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.
Wednesday, May 31, 2023
Most of the damages caused by earth movement are not covered by insurance. Mitigation funding through geologic hazard abatement districts can help.
A wag once noted that "a navigable river is any river with enough water in it to float a Supreme Court opinion." See United States v. Kaiser Aetna, 408 F. Supp. 42, 49 (D. Hawaii 1976). The fact that people joke about it is a clue to its uncertainty. But it is no joke.
Tuesday, May 30, 2023
Being well makes it much easier to be competent. California is ahead of the curve on this one, as the American Bar Association is looking at revising its competence rule to encourage lawyers to be mindful of physical, mental, and emotional bandwidth/impediments when providing or agreeing to provide legal services.
Several prognosticators have predicted a seismic shift in the legal profession within two years' time, with both legal fees and law jobs reducing by as much as 40%.
Friday, May 26, 2023
If the stock qualifies as qualified small business stock (QSBS), you might pay zero federal tax.
Thursday, May 25, 2023
It is no longer a secret that California has always been among the most stringent in reviewing land use permits and the most forgiving of governmental overreaching.
All courts agree that de minimis use defense applies in analyzing whether enough of a copyright protected work has been copied to determine infringement. But to what extent?
Wednesday, May 24, 2023
Since January 2017, 45 states have considered 267 bills that restrict the right to protest.
The decision, which affirms the 2nd Circuit's findings in the landmark copyright case, rebalances the fair use doctrine to place greater emphasis on whether a purportedly "transformative" work is commercially competitive with the original work it copies.
Tuesday, May 23, 2023
With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the California Association of Realtors (CAR) and AIR/CRE – considerable care is required by both sides of a real estate dispute to pursue rights under the lis pendens law in California.
Monday, May 22, 2023
This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate justices, there is a reasonable chance the matter will be appealed to the state Supreme Court or that the legislature will take the opportunity to redraft the law to clarify the meaning of "judgment."
Friday, May 19, 2023
Technology use in our daily lives is expanding the definition of who is 'present' at the scene of an accident.
Thursday, May 18, 2023
Attorneys need to realize that their clients (like most people) do not want to appear to be stupid. Clients will tend to over reach when answering a question, even though they don't know the answer.
The exaggerated fears of the end of Title 42 are now behind us. The hard work ahead is improving our under-resourced migration system.
Wednesday, May 17, 2023
The bill arms consumers with important rights and protections, but most consumers won't know how to enforce those rights. Additionally, the bill's broad application may prevent some victims from obtaining justice.
Tuesday, May 16, 2023
Although AI has proven over the years to be a helpful way to enhance the speed and accuracy of tasks – such as legal research – it cannot replace judgment, morality, or chemistry with clients, court, counsel or colleagues.
If an attorney visits a client's website, then uses an AI model to research the facts of their case, it is possible that a data broker (or the AI platform itself), can determine which issues a particular client faces. One could make a colorable argument, then, that the attorney's seemingly harmless search disclosed sensitive information without the client's consent.
Monday, May 15, 2023
Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance carrier, which has a seemingly endless supply of funds available to it.
It is important to recognize the broad reach of the courts' decisions in this case, the potential impacts of which are not limited to just the one drug at issue in the case. In fact, the district court's reimagining of the Congressionally enacted and FDA-administered drug approval system has the potential to ripple across the drug development landscape.
Friday, May 12, 2023
Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger coverage for COVID-19 claims will want to watch closely for the Court's decisions
Thursday, May 11, 2023
The legislative process is exciting. As lawyers, it is important to be involved in the legislative process because we know how the laws affect the people and organizations that are the subject of the laws.
While it is arguably much easier for defense attorneys to determine their clients' applicable policy limits, it is nearly impossible for the plaintiff and his or her attorney to ascertain limits without filing a lawsuit and conducting discovery. This makes no sense from the plaintiff's perspective.
Wednesday, May 10, 2023
The Court analogized the allegations of harassment, which included throwing rocks at visitors, running over people with surfboards, stealing peoples' belongings, and vandalizing cars, to "an informal band of self-appointed, violent security guards" who restrict beach access.
Arbitration can be a valuable alternative dispute resolution method for CCPA's private right of action. It is faster, less expensive, and more flexible than going to court.
Tuesday, May 9, 2023
Class settlements often involve unique deal terms that can implicate counsel's ethical obligations. Two areas that have been the subject of increasing scrutiny relate to class representative service awards and cy pres designations.
If the case moves in Disney's favor, it could set a precedent that leads to greater corporation freedom. While this could potentially allow private entities to bring forth other future lawsuits against government regulations that can be proven to prohibit a company's growth, it will also provide a balance between the branches of state government.
Monday, May 8, 2023
Code of Civil Procedure Section 203(a)(6) states: All persons are eligible and qualified to be prospective trial jurors except the following: Persons who are not possessed of sufficient knowledge of the English language. More and more frequently, judges are ignoring the importance of this requirement.
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
Tuesday, June 6, 2023 |
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| Solomon Saltsman & Jamieson attorneys define 'zealous advocacy' in their Alcohol Beverly Control practice | |
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General News
Tuesday, June 6, 2023 |
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| The Reuben brothers tried to complete their foreclosure on the Century Plaza redevelopment by March 30 in order to avoid paying the so-called "mansion tax," a 5% tax assessment on big-ticket property transactions that went into effect on April 1 in the city. | |
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General News
Tuesday, June 6, 2023 |
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| The question is whether a Delaware corporation's forum selection clause forecloses derivative complaints in federal court filed as violations of the Securities Exchange Act of 1934. | |
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General News
Monday, June 5, 2023 |
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| Justice Neil M. Gorsuch wrote that the securities law "requires a plaintiff to plead and prove that he purchased shares traceable to the allegedly defective registration statement." | |
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General News
Monday, June 5, 2023 |
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| Kathleen J. McMahon of Joseph Saveri Law Firm LLP said the plaintiffs still want to go forward with the depositions now because if the FTC decides to allow the merger to proceed in its current iteration, counsel wants to have the depositions on hand so the case can proceed quickly. | |
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General News
Monday, June 5, 2023 |
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| Mayor London Breed defended the idea of a race based guaranteed income program in a news release when she announced it in September 2020. | |
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General News
Thursday, June 1, 2023 |
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| The plaintiff alleges she was wrongfully terminated following medical absences for three gender-affirming surgeries last year. She said her supervisors were made aware of her plans weeks before they hired her. | |
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General News
Thursday, June 1, 2023 |
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| Attorneys who handle such disputes say the latest move, following a U.S. Federal Trade Commission proposal in January to ban noncompete agreements nationwide, is noteworthy but may not have a major impact in most cases — at least not yet. | |
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General News
Thursday, June 1, 2023 |
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| A similar complaint was filed in New York last year against KLM Royal Dutch Airlines. | |
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General News
Wednesday, May 31, 2023 |
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| Keller/Anderle LLP founding partner Jennifer L. Keller and her team defended MGA Entertainment against claims that, when creating its commercially successful "L.O.L. Surprise! O.M.G." dolls, the company's designers misappropriated the likeness of the OMG Girlz, a music group that was managed by R&B singer Tameka "Tiny" Harris. | |
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General News
Wednesday, May 31, 2023 |
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| Manatt CEO Donna L. Wilson promised herself that when she got a chance to oversee the designing of an office space there would be a platform that would allow her to see all the people she was addressing. | |
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General News
Wednesday, May 31, 2023 |
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| Superior Court Judge David S. Cunningham III sustained the demurrers as to all these causes of action, with leave to amend in all but the cause of trespassing. That matter, he said, the plaintiffs had neglected to address in briefs and thus "appear to have abandoned it by silence." | |
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General News
Tuesday, May 30, 2023 |
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| "In sum, we hold that the [Clean Water Act] extends to only those 'wetlands with a continuous surface connection to bodies that are waters of the United States in their own right,' so that they are 'indistinguishable' from those waters," Justice Samuel A. Alito Jr. wrote for the majority. | |
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General News
Tuesday, May 30, 2023 |
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| The lawsuit was filed under the California's Safe Drinking Water and Toxic Enforcement Act of 1986, which was passed by voters as Proposition 65. The statute has been a lightning rod for criticism by defense attorneys. | |
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General News
Tuesday, May 30, 2023 |
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| Lawmakers and NGOs fight red states over abortion, civil rights | |
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General News
Friday, May 26, 2023 |
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| Legislative Republicans have repeatedly criticized their colleagues in recent weeks for failing to pass several GOP bills designed to deal with the overdose crisis. | |
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General News
Friday, May 26, 2023 |
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| When James L. Crandall was on the bench, he juggled between 500 and 800 active cases at any given time. | |
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General News
Thursday, May 25, 2023 |
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| Legal observers say the case could make its way to the U.S. Supreme Court, which could look unkindly on the commission's argument that its interpretation of Section 5 of the FTC Act gives it antitrust authority beyond that of the Sherman Act. | |
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General News
Thursday, May 25, 2023 |
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| At least 70 Video Privacy Protection Act cases were filed in the past year against companies whose websites have videos with third-party analytics tools, and more continue to be filed. The latest was filed in Los Angeles against Container Store. | |
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General News
Thursday, May 25, 2023 |
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| Represented by attorneys at Whitaker Chalk Swindle & Schwartz PLLC in Fort Worth, BNSF Railway Co. filed a lawsuit last fall accusing Float Alaska's website of unlawfully displaying a "Northern Pacific" logo to promote its upcoming airline company called Northern Pacific Airways. | |
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General News
Wednesday, May 24, 2023 |
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| U.S. District Judge Jacqueline S. Corley said that the gamers did not adequately show they will suffer "immediate irreparable harm" should the deal go through before a merits decision. | |
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General News
Wednesday, May 24, 2023 |
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| The FTC amicus brief was written in response to a query from the 9th U.S. Circuit Court of Appeals asking if the commission wanted to weigh in. The appellate court is considering whether to grant en banc review of a three-judge panel's decision in favor of the plaintiffs. | |
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General News
Wednesday, May 24, 2023 |
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| "The caveat is that the states and the bureau has kicked the can down the road for a while, until the end of 2026, which is going to be here before we all know it," UC Davis School of Law Professor Richard M. Frank said. | |
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General News
Tuesday, May 23, 2023 |
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| Judge David S. Cunningham III continued the motion by plaintiff Shell Oil Co. in order to allow Dole time to provide evidence why it should not be added, but described many of the defendant's arguments as "unpersuasive" in a tentative ruling on Friday. | |
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General News
Tuesday, May 23, 2023 |
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| Gov. Gavin Newsom announced an executive order and said he would introduce a package of trailer bills designed "to accelerate critical infrastructure projects across the state." | |
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General News
Tuesday, May 23, 2023 |
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| Judge James C. Chalfant on Wednesday identified two issues in which the department failed to adhere to mandatory provisions of the California Environmental Quality Act (CEQA): failure to disclose and analyze the correct flood control design parameters, and a lack of enforceable, measurable criteria to assess whether habitat will be sufficiently mitigated. | |
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General News
Monday, May 22, 2023 |
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| U.S. Magistrate Judge Allison Claire approved an unopposed motion for administrative relief from Milk Moovement Inc. She ordered each side to file statements on how to move forward with discovery in the case. | |
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General News
Monday, May 22, 2023 |
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| Plaintiffs allege that the company misled physicians about the toxicity of its HIV antiretroviral drugs containing tenofovir disoproxil fumarate. | |
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General News
Monday, May 22, 2023 |
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| Neutral is 'respectful but clear' about the strength of parties' cases | |
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General News
Friday, May 19, 2023 |
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| A Taco John's franchisee in Minnesota came up with "Taco Twosday" to promote two tacos for 99 cents on a slow day of the week, and the trademark was approved by the USPTO in 1989. | |
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General News
Friday, May 19, 2023 |
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| "After watching our students start to own the courtroom and overcome that fear of facing a judge, they started to win with confidence and I realized it was a totally doable thing," said Elena I. Popp, executive director and trial attorney with Eviction Defense Network. | |
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General News
Friday, May 19, 2023 |
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| U.S. District Judge Fernando L. Aenlle-Rocha's said doctors could not be punished for refusing to assist suicide but he left the rest of the law in place. A separate set of plaintiffs, representing a group of disabled people, sued last month to overturn the entire act. | |