GUEST COLUMNS
Friday, September 12, 2025
In Stronghold Engineering v. City of Monterey
(2023), the California Court of Appeal held that a contractor's initial lawsuit
seeking only declaratory relief regarding a City contract did not require
prefiling a Government Claims Act claim and that subsequent claims for monetary
damages could be added after proper notice without being barred.
SB 53 underscores that while AI can support doctors, it cannot replace the human presence, judgment and empathy at the core of medical care.
Thursday, September 11, 2025
Uber is weaponizing federal RICO lawsuits against personal injury attorneys and medical providers in multiple states, a corporate intimidation tactic that threatens access to justice for accident victims nationwide.
Taylor Swift's fight to reclaim her master recordings has not only secured ownership of her own music but sparked a legal and industry-wide shift, empowering artists to understand and assert their rights over their work.
Wednesday, September 10, 2025
Entertainment mogul David Geffen has filed for divorce from David Armstrong after less than two years of marriage, and despite headlines highlighting his billionaire status, California family law and the short duration of the marriage suggest Armstrong's potential recovery--including spousal support and Marvin-type claims--may be limited.
The 9th Circuit will hear oral argument in Epic
Games v. Apple, a case that could clarify whether corporate communications
involving both legal and business considerations qualify for attorney-client privilege
when legal advice is one of several primary purposes.
Tuesday, September 9, 2025
Mediation in landlord-tenant disputes is an underused but growing tool that offers attorneys and clients faster, more affordable, and more empathetic resolutions than litigation.
California's booming data centers face a climate-driven "cooling dilemma," as rising heat, water scarcity, wildfires and strained power grids threaten operations, prompting urgent innovation, regulatory scrutiny and equity debates over who bears the environmental costs.
Monday, September 8, 2025
Calling high-speed chases "fun," federal officials have embraced a perilous pursuit policy that prizes the thrill of the chase over sober judgement and public safety.
President Trump's sweeping claim of unilateral impoundment authority--already tested in Congress, the courts, and recent emergency stays--sets up a constitutional showdown with the Supreme Court over whether the executive can override Congress's "power of the purse."
Friday, September 5, 2025
Despite decades of government assurances that he was a U.S. citizen, Roberto Moncada was stripped of that status -- exposing how bureaucratic error and courts' retreat from equity can leave justice undone.
California Supreme Court's Hohenshelt
v. Superior Court ruling upholds arbitration fee deadlines while allowing
equitable contract defenses, balancing employees' right to prompt arbitration
with relief for inadvertent employer nonpayment -- but leaves open questions
about how courts will apply those defenses in practice.
Thursday, September 4, 2025
Trump's executive orders targeting "cashless bail" could threaten to withhold federal funds from states like California, even though the state's pretrial system already requires individualized bail hearings and does not operate a substantially cashless framework.
Failing to promptly remit withheld payroll taxes is one of the most dangerous mistakes a business can make -- triggering personal liability for "responsible persons," severe IRS penalties and aggressive collection actions that can even shut the company down.
Wednesday, September 3, 2025
California's Senate Bill 825 would expand the DFPI's enforcement authority over state-licensed financial institutions by eliminating exemptions under the Consumer Financial Protection Law, creating broader oversight of "unfair, deceptive, or abusive" practices and increasing compliance risks amid unsettled legal standards.
Eviction is never just about housing -- it dismantles kitchens, neighborhoods, and stability itself, cascading into hunger, homelessness and fractured communities.
Tuesday, September 2, 2025
Lawyers who handle trauma cases can absorb their clients' pain, risking vicarious trauma--emotional, physical, and mental burnout--making self-care essential to stay effective.
This year's presentation, "The Big Ask: Lessons for Closings," explores how lawyers can authentically and strategically empower juries to assign meaningful non-economic damages by starting early in voir dire, reinforcing the client's story throughout trial, and delivering a closing that blends empathy, personalization, and a clear call to action.
Friday, August 29, 2025
Four big truck makers are suing California over its zero-emission rules, saying they're stuck between state mandates and federal rollbacks. The case could reshape how far states can go on climate policy and whether side deals like California's Clean Truck Partnership hold up in court.
Are legal conferences worth the investment or just an expensive distraction? This month's column breaks down the real ROI of attending legal events, offering practical strategies to turn every name badge and cocktail hour into a business development opportunity. Don't just show up, show up with a plan.
Thursday, August 28, 2025
The North Carolina Supreme Court held in Town
of Apex v. Rubin that if a government's attempted taking of private
property fails the constitutional "public use" requirement, title must return
to the owner and inverse condemnation cannot be twisted into a tool for the
government to keep what it had no right to take.
In California's high-risk disaster areas, public agencies can generally justify using eminent domain to repair, replace, or relocate costly infrastructure to serve the broader public good, but they must also plan proactively to minimize inverse condemnation liability from future natural disasters.
Wednesday, August 27, 2025
New Jersey's layered PFAS settlement secures long-term funding for cleanup and remediation, offering a potential blueprint for California as it navigates its ongoing "forever chemicals" litigation.
Directing settlement payments to charity can reduce a plaintiff's taxable income in some cases, but IRS rules, legal fees, and limits on charitable deductions often make the tax implications complex and require careful planning before signing an agreement.
Tuesday, August 26, 2025
FINRA Forward is a comprehensive reform initiative aimed at modernizing FINRA rules, strengthening collaboration with member firms, leveraging technology and AI, and enhancing enforcement and cybersecurity efforts to protect investors and ensure market integrity.
California's SB 1107 raises auto liability minimums for the first time since 1967, boosting victim protection but likely increasing premiums and underscoring the need for skilled legal counsel.
Monday, August 25, 2025
Rising launch activity at Vandenberg Space Force Base has sparked legal disputes between SpaceX and the California Coastal Commission over whether state permits apply to federally controlled launch sites, highlighting tensions between state oversight, federal authority, and the need to maintain seamless access to orbit for U.S. national security and commercial interests.
Sharing sensitive info with AI like ChatGPT isn't privileged -- lawyers and clients risk discovery and breaching confidentiality under California law.
Friday, August 22, 2025
Small business owners who fall victim to unauthorized withdrawals have just 24 hours to fight back under the National Automated Clearing House Association's rules -- far less protection than consumers.
Artificial intelligence is increasingly reshaping employees' duties and workflows across industries, creating efficiency gains but also raising novel wage-and-hour risks, particularly the potential loss of exempt classification when AI reduces or replaces tasks that justify exempt status.
Thursday, August 21, 2025
The law brings long-awaited clarity to
stablecoins but leaves banks, fintechs and regulators facing unresolved legal
and oversight challenges at the crossroads of blockchain and traditional
finance.
Once a niche subject, art law has grown over the past half century into a recognized legal discipline shaping disputes over ownership, expression and the global art market.
Wednesday, August 20, 2025
The California State Bar's 2024 Justice Gap Study reveals a worsening crisis in civil legal access, with 70% of households facing problems but receiving help for only 15%, highlighting the urgent need to expand legal aid, pro bono work, and innovative non-attorney support to protect vulnerable Californians from life-altering harm.
As labor shortages persist across the U.S. construction industry, a parallel crisis is unfolding -- one grounded in heightened legal exposure and regulatory scrutiny. Here are some of the key risks contractors now face and the contractual tools they're using to protect themselves.
Tuesday, August 19, 2025
The February 2024 cyberattack on Change Healthcare, a UnitedHealth subsidiary, exposed sensitive medical data of nearly 190 million Americans, disrupted billions in claims processing, left providers financially vulnerable, sparked widespread litigation, and prompted proposed federal cybersecurity legislation -- highlighting critical gaps in healthcare IT security and multi-factor authentication practices.
In Hohenshelt
v. Superior Court, the California Supreme Court preserved Civil Code ยง1281.98
from federal preemption by interpreting it to allow exceptions for excusable
late payment of arbitration fees, softening earlier strict rulings and setting
the stage for new disputes.
Monday, August 18, 2025
A curious, deliberate approach can turn casual contacts into a powerful revenue-generating network.
Mediation in class and PAGA cases is essentially inevitable, so attorneys should prioritize early and thorough preparation -- including client management, data analysis, team-building and pre-mediation discovery.
Friday, August 15, 2025
In June 2025, a $2.8 billion settlement in House
v. NCAA gave college athletes new rights to direct payments and NIL
earnings under capped revenue-sharing rules, ushering in unprecedented
financial opportunities but also complex tax, compliance, and fraud risks that
demand careful legal and financial guidance.
In recent Ninth Circuit cases, courts have expanded the functionality defense in trademark and trade dress law -- traditionally limited to utilitarian and aesthetic functionality -- to also include "expressive function," holding that when a mark, phrase or image is used not as a source identifier but as part of an expressive work, the First Amendment may bar infringement claims.
Thursday, August 14, 2025
Emerging technologies like artificial intelligence and cloud-based tools are transforming law practice from optional aids into essential drivers of efficiency, accuracy and client results, challenging billable-hour traditions, shifting firm power structures and demanding new ethical safeguards.
No longer just labs of innovation, California's cultivated meat firms are now global trade actors -- pushing for a seat at the table in U.S. export policy and international agreements.
UC Berkeley School of Law Dean Erwin Chemerinsky
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NEWS
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General News
Friday, September 12, 2025 |
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| Across the world, cities have struggled to figure out how to provide more affordable housing to people in need. | |
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General News
Friday, September 12, 2025 |
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| An Alameda County judge sanctioned plaintiff's counsel in a wrongful death suit against Kaiser for repeated failure to file case management statements, reducing the fine after the attorney appeared at the hearing. | |
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General News
Friday, September 12, 2025 |
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| The Legislature approved SB 47, an urgency measure authorizing the state auditor to investigate widespread problems with February's California-specific bar exam, clearing the way for immediate scrutiny once Gov. Gavin Newsom signs it. | |
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General News
Thursday, September 11, 2025 |
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| Senior U.S. District Judge William Alsup said he was disappointed with unanswered questions in a proposed $1.5 billion settlement between authors, publishers and the AI company, best known for the chatbot Claude. | |
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General News
Thursday, September 11, 2025 |
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| Relations between state and local governments these days are arguably the worst in living memory, as illustrated by a couple of issues percolating in the final week of the 2025 legislative session. | |
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General News
Thursday, September 11, 2025 |
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| A judge tentatively disqualified Blackstone Law from a wage case after finding a newly hired attorney previously advised the defendant, ruling that ethical screens don't apply when lawyers switch sides mid-dispute. | |
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General News
Wednesday, September 10, 2025 |
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| X has tentatively settled a lawsuit with 70 former Twitter employees who alleged the company broke severance and remote work promises following Elon Musk's acquisition and rebranding of the platform. | |
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General News
Wednesday, September 10, 2025 |
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| Professional swimmers secured a $4.6 million settlement with World Aquatics, ending a six-year antitrust case that challenged competition restrictions and opens doors to independent events without Olympic penalty threats. | |
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General News
Wednesday, September 10, 2025 |
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| Many of the world's biggest tech companies believe that a radical shift is underway, and that it could one day make the smartphone, as we know it, passe. | |
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General News
Tuesday, September 9, 2025 |
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| The federal financial aid form known as the FAFSA is expected to be made available to the public on time this year. Normally, that wouldn't be news, but after a couple of chaotic years, it is notable. | |
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General News
Tuesday, September 9, 2025 |
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| Keker, Van Nest & Peters LLP argued Fizz cannot claim exclusive rights to a common word, while Fizz's lawyers countered that the new Instacart-backed app is designed to siphon off its Gen Z user base. | |
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General News
Tuesday, September 9, 2025 |
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| In twin rulings, Bondi characterized domestic violence as "private conduct" outside asylum protections, drawing praise and condemnation from advocates on each side of the issue of whether approvals will plummet. | |
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General News
Monday, September 8, 2025 |
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| A Santa Clara County jury cleared San Jose divorce lawyer Mark Erickson of malpractice claims by a former client seeking $3 million, finding he met his obligations and awarding no fees or costs. | |
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General News
Monday, September 8, 2025 |
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| A San Francisco judge refused to bifurcate Anna Ostrovsky's lawsuit against LegalMatch co-founder Dmitry Shubov, keeping whistleblower, retaliation and contract claims for trial over alleged firing tied to hidden cryptocurrency transfers. | |
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General News
Monday, September 8, 2025 |
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| At least two things are true about SB 79, a bill by state Sen. Scott Wiener that would clear the way for construction of apartment buildings near transit stops in California, most pointedly including Los Angeles: It's a bad idea, and Los Angeles has only itself to blame for it. | |
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General News
Friday, September 5, 2025 |
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| A federal judge's ruling Tuesday on what steps Google must take to fix its monopoly in online search delivered a clear answer: You will be restrained, but not broken up or forced to fundamentally change your business practices. | |
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General News
Friday, September 5, 2025 |
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| The court rejected claims of reverse discrimination and found no facts suggesting the FCC acted negatively based on Korea-born hedge fund owner. | |
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General News
Friday, September 5, 2025 |
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| Alameda County Judge Keith Fong ruled Oakland Airport's erasure of slip-and-fall video wasn't willful spoliation, finding other evidence preserved plaintiff's case; trial set for September. | |
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General News
Thursday, September 4, 2025 |
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| Real estate-focused Versant Law is being sued by its San Francsico landlord for nearly $94,000 in unpaid rent after allegedly vacating the office space months before the lease was set to expire. | |
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General News
Thursday, September 4, 2025 |
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| In California, the "regular rate of pay" is used to calculate overtime pay, paid sick leave under the Healthy Workplaces, Healthy Families Act, meal and rest period premiums, split shift premiums, and reporting time pay. | |
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General News
Thursday, September 4, 2025 |
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| Speaking at the Consumer Attorneys of Los Angeles conference in Las Vegas, the "father of rideshare litigation" Christopher Dolan said that passengers will pay heavily for the deal, blessed by California Gov. Gavin Newsom. He said that Uber and Lyft's claims that rides would become cheaper were "total bullshit." | |
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General News
Wednesday, September 3, 2025 |
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| Employees at S&F Foods dreaded lifting heavy cardboard boxes from a conveyor belt and placing them onto pallets for shipment all day. So Mike Calleja, the plant manager for the company, which makes frozen food for school cafeterias, hired a robot. | |
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General News
Wednesday, September 3, 2025 |
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| Supporters say the change preserves clarity and consistency, while Los Angeles County District Attorney Nathan Hochman argues courts should be able to warn that a plea "will" result in immigration penalties. The dispute centers on language dating back to 1978 and could affect thousands of future pleas. | |
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General News
Wednesday, September 3, 2025 |
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| A jury found that Alameda Healthcare & Wellness Center and its corporate operators neglected 73-year-old Air Force veteran James Doherty Sr., and falsified records to cover it up. | |
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General News
Tuesday, September 2, 2025 |
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| The high court on Thursday reversed the death penalty for Jason Alejandro Aguirre, citing a 2021 law requiring stricter proof of gang activity, but left his murder and attempted murder convictions intact. | |
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General News
Tuesday, September 2, 2025 |
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| When driving a car across the country isn't possible or desirable, shipping a car can save time, as well as wear and tear on your vehicle. | |
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General News
Friday, August 29, 2025 |
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| Given California's size and its cultural and economic impact around the globe, whoever captures its governorship instantly becomes one of the nation's most prominent politicians and a potential candidate for president. | |
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General News
Friday, August 29, 2025 |
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| Silicon Valley corporations and investors have pledged up to $200 million to two new super political action committees that are aimed at forcing out politicians whom they see as insufficiently supportive of the push into artificial intelligence. | |
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General News
Friday, August 29, 2025 |
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| Gov. Gavin Newsom appointed Adam P. Brezine, a veteran of Adobe and Twitter, as chief counsel of the California High-Speed Rail Authority amid deepening legal challenges and the loss of billions in federal funding. | |
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General News
Thursday, August 28, 2025 |
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| An Orange County couple alleges that ChatGPT encouraged their 16-year-old son to take his own life, raising novel legal questions about whether AI outputs are protected by the First Amendment. The complaint also names OpenAI CEO Sam Altman as a defendant. | |
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General News
Thursday, August 28, 2025 |
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| Progressive values and humane public policies are California virtues. But not for people living with serious mental illness. | |
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General News
Thursday, August 28, 2025 |
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| The deal between the company behind the AI assistant Claude and a group of authors follows class certification by Judge William Alsup. | |
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General News
Wednesday, August 27, 2025 |
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| Skadden, Arps, Slate, Meagher & Flom LLP advised Intel Corp. on its $8.9 billion deal giving the U.S. Commerce Department a 9.9% equity stake, even as the firm agreed to provide $100 million in free legal work for the Trump administration. | |
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General News
Wednesday, August 27, 2025 |
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| Since Gov. Gavin Newsom's first State of the State address six years ago, California has stopped pursuing a high-speed rail system that actually connects the Bay Area to Southern California, as was promised to voters in 2008. | |
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General News
Wednesday, August 27, 2025 |
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| This was the second Keker, Van Nest & Peters client detained in recent weeks under tactics the court ruled violate due process. | |
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General News
Tuesday, August 26, 2025 |
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| In Monopoly, a little luck can turn you into a real estate mogul. In The Game of Life, buying a house is just one step along the sunny sidewalk to the American dream. | |
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General News
Tuesday, August 26, 2025 |
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| Mike McAfee's abrupt resignation has been followed by claims that he repeatedly purchased methamphetamine from a Merced man, prompting a referral to the state attorney general and raising questions about his past prosecutions. | |
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General News
Monday, August 25, 2025 |
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| Taylor King Boyles has been dreaming about solar electricity ever since he watched a Reading Rainbow episode about solar powered cars as a child. | |
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General News
Monday, August 25, 2025 |
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| Odell Beckham Jr.'s lawyers seek sanctions against a plaintiff alleging sexual assault, citing implausible claims and evidence placing him elsewhere during the alleged 2018 incident in Orinda, California. | |
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General News
Friday, September 12, 2025 |
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| In a high-stakes 9th Circuit case, attorney Gary Lincenberg and UC Berkeley Dean Erwin Chemerinsky drafted a brief for Democratic senators arguing that Trump's Los Angeles National Guard deployment trampled constitutional safeguards. | |
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General News
Thursday, September 11, 2025 |
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| A federal appeals court has allowed California's child-protection social media law to take effect, except for one provision the panel found unconstitutional. | |
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General News
Wednesday, September 10, 2025 |
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| A mistrial motion was denied at the start of a bellwether Uber sexual assault case, as attorneys clashed over pretrial rulings, evidence limits and the company's handling of passenger safety allegations. | |
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General News
Tuesday, September 9, 2025 |
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| A San Francisco judge allowed a privacy lawsuit against Future US to proceed, suggesting appellate guidance is needed on whether website tracking tools qualify as illegal surveillance under California's wiretap laws. | |
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General News
Monday, September 8, 2025 |
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| The justices cited tightened proof standards for gang allegations. The unanimous ruling marks the third time in 10 days the high court has invoked the statute to undo gang-related sentences. | |
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General News
Friday, September 5, 2025 |
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| With one 9th Circuit panel having partially stayed the injunction, a separate panel questioned whether Trump's refugee-entry order is truly temporary and whether federal agencies can stop processing refugees while entry is suspended. | |
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General News
Thursday, September 4, 2025 |
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| Senior U.S. District Judge Charles R. Breyer issued an order enjoining the federal government from using its troops for domestic law enforcement. But he stayed his own order until Sept. 12, giving the administration an opportunity to seek a stay from the 9th U.S. Circuit Court of Appeals or to take the case to the U.S. Supreme Court. | |
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General News
Wednesday, September 3, 2025 |
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| A towering figure in California's judiciary and a devoted jazz pianist celebrates five decades on the bench on Monday. Known for his wit, clarity and collegiality, Arthur Gilbert plans to retire at the end of the year. | |
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General News
Tuesday, September 2, 2025 |
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| Robinhood urged a San Francisco federal judge to dismiss investors' unfair business practices class action over its cash sweep program, arguing plaintiffs failed to show reliance on alleged misstatements or omissions. | |
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General News
Friday, August 29, 2025 |
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| Michael A. Columbo, attorney for state Republicans, argued the ballot measures were rushed through the Legislature and violated constitutional rules, but justices denied the claim without comment. | |
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General News
Thursday, August 28, 2025 |
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| The California Interscholastic Federation says it has immunity from claims that it is barring high school athletes from earning compensation for their name, image and likeness. The case also targets media companies accused of profiting from athletes' rights. | |
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General News
Wednesday, August 27, 2025 |
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| In a rare 4-3 split, the state Supreme Court ruled that prior convictions must qualify as serious felonies under current law to enhance sentences under the Three Strikes Law. Chief Justice Patricia Guerrero dissented, warning the decision undermines voter intent and wipes out longer terms for repeat offenders. | |
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General News
Tuesday, August 26, 2025 |
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| The maker of ChatGPT says its rival pursued fraudulent claims and wasted years of litigation before losing a trademark fight, Quinn Emanuel Urquhart & Sullivan LLP lawyers argued in a motion. | |
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General News
Monday, August 25, 2025 |
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| A divided 9th Circuit panel rejected the Trump administration's bid to cut UC research grants tied to diversity initiatives, but a same-day Supreme Court ruling suggests the justices may ultimately side with the government. | |