In early February, CBS News complied with an FCC request to hand over the raw footage and transcript from an October 2024 interview with Democratic presidential candidate Kamala Harris. The FCC has re-opened a closed file of a complaint that alleges CBS doctored the interview. President Trump has already weighed in with his conclusion in a Truth Social post – CBS “defrauded the public,” he claims, and the network “should lose its license.” The current FCC investigation is focused on edits by CBS that split Harris’s response to a question on Israeli Prime Minister Benjamin Netanyahu into two parts. The first sentence of her answer aired Oct. 5, 2024, on “Face the Nation.” The following day, “60 Minutes” used the same question but substituted the second part of her response, according to the transcript and raw footage of the complete interview in the materials sent to the FCC and released online by CBS, as…

An excerpt from the 11,000-word opinion in Hartzell v. Marana Unified School Dist., decided today by Ninth Circuit Judge Milan Smith, joined by Judges Wallace Tashima and Bridget Bade: Following an incident on February 7, 2020, at Dove Mountain K-CSTEM school (Dove Mountain), Plaintiff-Appellant Rebecca Hartzell was banned from the school premises. Hartzell claims that she was banned from the school in retaliation for her protected speech. Defendants-Appellees, the Marana Unified School District (the District) and Andrea Divijak, the principal at Dove Mountain, assert that Hartzell was banned because of her conduct; specifically, they allege that Hartzell assaulted Divijak…. Hartzell is the parent of eight school-aged children, five of whom attended Dove Mountain during the 2019–20 school year. Divijak was serving as the principal of Dove Mountain at that time. In August 2019, the District opened Dove Mountain, a new kindergarten through eighth grade school. Dove…

For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judging in a Divided Republic (Cambridge University Press, 2024).Zachary S. PriceI am grateful to Jack Balkin for hosting this symposium on my new book Constitutional Symmetry:  Judging in a Divided Republic, and I am even more grateful to the participants for their thoughtful contributions.  Having a group I respect and admire so much engage with my work is a scholar’s dream, and I appreciate the time that participants took to prepare their reviews.  In this post, after summarizing the book’s overall argument, I will offer brief responses to the first three reviewers.  I’ll respond to the other four in a second post tomorrow. The Book’s Argument The basic argument in the book, as readers of earlier posts likely gathered, is that courts should favor, when possible, constitutional understandings that are symmetric, meaning understandings that…

On a new episode of our From Lawyer to Empoyer podcast which just dropped wherever you listen to your podcasts, my colleague Emily McDonough Souza and I break down the key developments from the Trump Administration’s first 45 days and the key takeaways from the conversation. Here are some key takeaways from the conversation: Diversity, Equity, and Inclusion (DEI) Executive Order: A Rollercoaster Ride The recent executive order targeting DEI initiatives sent shockwaves through the corporate world. Key highlights include: Directive to eliminate DEI-related offices, positions, and programs for federal contractors Requirement for companies to submit certifications about their DEI initiatives Potential enforcement through the False Claims Act, with whistleblowers incentivized to report alleged discriminatory practices Just when employers were scrambling to comply, a U.S. District Court in Maryland threw a curveball. The court issued a nationwide…

An interesting response to The Plaintiff Police by Sarah L. Swan, Rutgers (Newark); here's the Introduction: If a person purposely shoots at and injures another, should the shooter be accountable to pay damages to the person harmed? Absent significant justification, in almost every circumstance in every state, the answer is yes. But in The Plaintiff Police, Professor Sarah L. Swan argues that if the injured person is a police officer, the answer should be no. If the officer is hit by a negligent driver's car, she argues for the same result: no tort claim. Professor Swan would dramatically limit police claims to exclude intentional, reckless, and negligent torts, with only narrow exceptions. As support for this extreme measure, The Plaintiff Police draws on the backdrop of historical racism, significant abuses of police power, and a set of cases that push the limits of tort liability no matter who brings the claim. That set includes Doe…

Signup to receive the Early Edition in your inbox here. A curated weekday guide to major news and developments over the past 24 hours. Here’s today’s news: RUSSIA-UKRAINE WAR  Ukrainian President Volodymyr Zelenskyy yesterday proposed a new framework for a partial ceasefire with Russia. In a post on X, Zelenskyy said Kyiv would be willing to release prisoners and agree to a truce that would prohibit attacks on civilian and energy infrastructure.  Siobhán O’Grady, Leo Sands, Catherine Belton, and Ellen Francis report for the Washington Post. RUSSIA-UKRAINE WAR — U.S. RESPONSE During yesterday’s address to a joint session of Congress, President Trump said that Ukraine is ready to begin peace negotiations “as soon as possible,” adding that Russia is ready for a deal. Trump read aloud a letter he had received from Zelenskyy, hinting at a possible easing of hostilities between the two leaders. The Kremlin said it viewed…

By Andy DelaneyTwo opinions on Friday. Let's get to it.  First up we have a tiff between Travelers and the Department of Financial Regulation (DFR). Travelers wanted records from DFR about Middlesex Assurance Company, a Vermont captive insurer. If you don't know what captive insurance is, it's essentially an insurance company that is wholly owned and controlled by its insureds. In this case, there's ongoing litigation in New Jersey and Middlesex Assurance is Johnson & Johnson's Vermont captive insurer. Why Vermont, you might ask? Well, since 1981, when Vermont was one of the first states to pass captive insurance legislation, Vermont has more or less been the captive insurance capital of the United States.  Now, certain information has to be filed with DFR in order for a captive insurance license to be issued. This info is considered confidential and DFR can only release these confidential records about captive insurers…

(Elizabeth Conley/Houston Chronicle via Getty Images)After Tony Buzbee withdrew an unknown woman’s sexual assault lawsuit against Jay-Z two weeks ago, the fog around Jay-Z’s name began to clear up. Can’t say the same for Buzbee though — accusing famous and wealthy people isn’t without consequence. Not only did it cost him being able to practice in New York’s Southern district, Jay-Z countersued Buzbee, accusing him of defamation and extortion. While Buzbee is still in hot water, a judge recently decided to turn the temperature down for him a little. Law360 has coverage: A California state judge said Tuesday that he’s inclined to toss Shawn “Jay-Z” Carter’s extortion claims against personal injury lawyer Tony Buzbee and some, but not all, of the rapper’s defamation allegations stemming from a now-abandoned rape lawsuit.…Judge Epstein’s tentative ruling would strike the extortion claim under…

Following up on my previous posts (links below): FIRE, University of Hawai‘i Dean Sues Law Professor Who Criticized Diversity Event (Feb. 24, 2025): The twist: The criticisms, from Professor Kenneth Lawson, Co-Director of the Hawai'i Innocence Project, were made 2 years ago. Why the lawsuit now? Could it be because...

On January 8, 2025, Governor Mike DeWine signed the unanimously passed Senate Bill 237, also known as the Uniform Public Expression Protection Act (UPEPA), into law. UPEPA is designed to protect individuals’ constitutional rights to free speech by fighting back against “Strategic Lawsuit Against Public Participation” (SLAPP) civil actions. The law will go into effect on April 9, 2025 as Ohio Revised Code Chapter 2747. What is a SLAPP Action? According to the American Civil Liberties Union of Ohio, “a SLAPP [action is] filed against people or organizations who speak out on issues of public interest or concern.” These actions “are usually disguised as ordinary civil claims such as defamation [(libel or slander)], invasion of privacy, interference with contract and/or economic advantage” and are aimed at silencing opposing views. As Ohio State Senators Theresa Gavarone (R) and Nathan Manning (R) explained, these “lawsuits send a…

Benedon & Serlin, LLP is recognized nationally as a Tier 1 appellate firm by U.S. News & World Report. The firm’s attorneys handle a wide range of civil appeals and writs in California and federal courts and have appeared in the United States and California Supreme Courts. Representative matters include appeals arising in such diverse areas as business, employment, trusts and estates, real estate, family law, bankruptcy, arbitration, and anti-SLAPP. Our firm prides itself on top-notch appellate work product and a collegial culture that values a work-life balance. We have a rare opportunity for an associate with 3 to 8 years of legal experience to join our practice. Appellate experience, either in practice or as a law clerk/judicial attorney, is required, as is admission to the California bar. Top applicants will have a strong law school academic record, experience in a law journal or moot court, other academic awards and a demonstrated record as a self-starter.…

LLT Management LLC v. Emory, No. 4:24-cv-75, 2025 WL 438100 (E.D. Va. Feb. 7, 2025) The defendants “published an article in a scientific journal, asserting that they had identified 75 people, additional to 33 in an earlier study, who had malignant mesothelioma but no known exposure to asbestos except through cosmetic talc.” LLT, J&J’s talc subsidiary, alleged that the statement was false. It allegedly identified six of the anonymous study subjects and alleged that the defendants, through their expert witness work, knew those subjects had been exposed to asbestos through other means. LLT alleged that defendants’ “real goal was to create a body of scientific literature to appease the plaintiffs’ bar, who hired the defendants as expert witnesses in tort cases against LLT.” After the defendants published their article, sales of J&J’s talc-based baby powder allegedly declined due to misinformation about the product’s…

[The modern crime victims' rights movement has been remarkably successful in inserting the victim's voice into criminal justice processes.] This post is the second of three posts, serializing my comprehensive law review article on the crime victims' rights movement. In yesterday's post, I described the movement's roots in the history of private prosecution. This post describes the movement's last several decades, during which the movement has successfully created participatory rights for victims throughout America's criminal justice system. The modern victims' rights movement began to stir in the late 1960s, coalesced in the 1970s, and gained momentum in the early 1980s. The movement has continued ever  since "as one of the most significant and successful forces for reshaping the criminal justice process."  The movement's birth can be traced to the confluence of five developments: (1) the creation of an…

Most discovery disputes involve requests for production of documents.  This is because there are specific requirements for a party to properly respond to the request which has been the subject of many of my blogs, including a responding party’s obligation to state whether the documents you are seeking ever existed and where they are now as well as which request the documents being produced are responsive. However, there is nothing more combative in discovery than parties arguing over objections to a document request and the adequacy of the privilege log–assuming one was even provided.  To begin, in responding to the document request, a party is obligated to list the documents in a privilege log that are being withheld on the claim of privilege.  C.C.P. §2031.240.  According to Cal. Prac. Guide: Civil Procedure Before Trial (TRG 2024) §8:1474.5a, citing Hernandez v. Sup. Ct. (2003) 112 CA4th 285, pg.…

 According to the Securities and Exchange Commission, a DAO is a "term used to describe a 'virtual' organization embodied in computer code and executed on a distributed ledger or blockchain".  See Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934: The DAO.  That does not answer the question, however, of the legal status of DAOs.  Two years ago, I wrote that U.S. District Court Judge  William H. Orrick  had ruled that  Ooki DAO was an unincorporated association under California law.  CFTC v. Ooki DAO, 2022 WL 17822445. Several months later, U.S. District Court Judge  Larry Alan Burns found that the plaintiffs had sufficiently pled the existence of bXz DAO as a partnership under California law.  Sarcuni v. bZx DAO, 664 F. Supp. 3d 1100 (S.D. Cal. 2023) In the meantime, California Assembly Member Matt Haney introduced legislation, AB 1229, that…

On September 29, 2024, the Governor of California signed into law a new bill that would create a uniform resentencing procedure. In the past decade, the California legislature has passed numerous bills that have provided incarcerated individuals with the opportunity to ask courts to have their sentences recalled and reduced. Some of these ameliorative statutes include AB 2942 – Recall of Sentence and Resentencing, which grants district attorneys the ability to make resentencing referrals; the RISE Act (SB 483); and SB 775/SB 1437, which effectively eliminated the role of the natural and probable consequences doctrine in murder cases and dramatically limited who can be charged under the felony murder doctrine. Those and other legislation have provided an opportunity for countless people to petition the courts to have their sentences reduced. The new laws have given defendants hope that the tough-on-crime policies of the past would not result in them serving unjust…

Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer investigates an employee for potential harassment. In both instances, and in the absence of malice, those investigations are protected by the litigation and the common interest privileges. Mounting Problems Dignity Health hired orthopedic surgeon Troy I. Mounts to work in a spine surgery practice at the San Luis Obispo French Hospital Center. Concerns regarding his clinical competence arose almost immediately. At the same time, he complained he wasn’t getting staff support or adequate time in the operating room to perform complex surgeries. Dignity put Mount’s complex surgeries “on hold” and required him to complete a previously scheduled surgery with a second surgeon he hadn’t worked with before.…

Yesterday's edition of the Los Angeles Daily Journal included an above the fold headline proclaiming "growing chorus for state constitutions should be taught in law schools".   I don't recall such a course being offered when I was in law school more than four decades ago.  However, according to the article, Stanford (not my alma mater) currently offers a course in state constitutional law, which it describes as a "neglected body of law". My first real exposure to the California Constitution came when I began working as Deputy Secretary and General Counsel for the California Business, Transportation & Housing Agency.  Since then, I have observed that many lawyers in private practice have scant knowledge about California's foundational document. "Quien sabe dos lenguas, vale por dos." California adopted its first constitution during the Gold Rush.  It was handwritten on parchment in both Spanish and…