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Grant Winter
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The Potential Personal Injury Litigation Consequences of California AB 544

California’s AB 544, effective January 1, 2026, mandates that all e-bikes be equipped with either a rear red reflector or a red taillight with a built-in reflector that is visible from 500 feet.  This requirement applies at all times – i.e. at all times of the day and during all visibility conditions. The statute sets Read More

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Why “Chat Control” Would Likely Be Unconstitutional in the United States

The EU’s proposed “Chat Control” law (formally Regulation to Prevent and Combat Child Sexual Abuse) aims to scan private messages for illegal content. In the U.S., such a law would likely violate constitutional rights. The First Amendment protects not just speech but also the right to receive information and associate freely. Government-compelled monitoring and filtering Read More

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California Assembly Bill 413 and Potential Claims Against Cars Parked in Violation

Beginning earlier this year, California Assembly Bill (AB) 413 prohibits parking within 20 feet of a crosswalk.  The legislative history demonstrates that this statute was enacted with the goal of enhancing pedestrian safety. The bill addresses “daylighting” – a term used to describe the visibility gained when parked vehicles are kept a safe distance away Read More

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California Assembly Bill 413 and Potential Claims Against Cars Parked in Violation

Beginning earlier this year, California Assembly Bill (AB) 413 prohibits parking within 20 feet of a crosswalk.  The legislative history demonstrates that this statute was enacted with the goal of enhancing pedestrian safety. The bill addresses “daylighting” – a term used to describe the visibility gained when parked vehicles are kept a safe distance away Read More

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Impacts of California Senate Bill 1107: The Protection California Drivers Act

California Senate Bill 1107, known as the Protect California Drivers Act, is an update to the state’s automobile insurance requirements, and modifies portions of the California Insurance Code. Signed into law in 2022 and effective as of January 1, 2025, this law increases the minimum automobile liability insurance drivers must have for the first time Read More

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Artificial Intelligence In the Legal Field

With the development of Artificial Intelligence (“AI”) technology, some lawyers have argued that there may be a coming transformation of the practice of law. Allegedly, AI computer programs appear to perform legal research, analyze contracts, review documents, and do many other lawyer tasks. There is even software that purports to manage cases, draft briefs, and Read More

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A Change to the Bystander NIED Claim

On July 22, 2024, the California Supreme Court ruled in Downey v. City of Riverside (2024) 16 Cal.5th 539, that a bystander may assert a claim for Negligent Infliction of Emotional Distress (“NIED”) for a traumatic event heard through the phone. In a unanimous 7-0 opinion, the Court held that a bystander could “witness” an Read More

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California Expands the State’s Ability to Involuntarily Confine Persons in Psychiatric Facilities. Is it Constitutional?

On October 10, 2023, Governor Gavin Newsom signed a bill which significantly expands the state’s ability to involuntarily confine people within psychiatric facilities. Prior law was written to preserve the dignity and liberty of persons suffering from mental health challenges by allowing for involuntary psychiatric confinement only in very limited circumstances. The change in law Read More

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Drug Users as a Protected Class? Employers’ New Obligations Under the Marijuana Use “Anti-Discrimination” Laws; and California’s Narrow Escape from Legal Psychedelic Mushrooms

Employers must be aware that many aspects of law and society are quickly evolving and old “norms” may not be reliable for dealing with employees in California. This is particularly true regarding use of illicit drugs like marijuana and psychoactive mushrooms. Recently, the California Legislature passed a bill permitting use and possession of certain hallucinogenic Read More

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New California Laws Likely to Move Sex-For-Hire Out from Behind Closed Doors and into the Open Streets and Public Spaces: Best Practices for Sex Workers

Two new California laws, when taken together, create a strong legal incentive for prostitutes to move their services out from behind the closed doors of hotel rooms and out onto the streets, public busses and trains, and park benches. The first law (Assembly Bill 1788), passed in the 2022 California legislative session and signed into Read More

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