Should We Worry about Marijuana DUIs?

146967521The number of drivers with alcohol in their system has has gone down significantly while the number of drivers using marijuana has gone way up. Safety-wise this doesn’t seem to be a bad trade. A recent National Highway Traffic Safety Administration (NHTSA) study (.pdf) has found that drivers with THC in their blood are no more likely to be involved in car crashes than are drug-free drivers. Continue reading

Revenge Porn Victims Have New Rights

102733346In 2013 and again in 2015, California amended its disorderly conduct statute to include instances of “revenge porn.” See Pen C §647(j)(4). The first convictions are coming down with more likely to follow. Continue reading

Defenders: Be Ready to Advise on the New Immigration Program

114392182The following is a guest blog post by Katherine Brady, a Senior Staff Attorney at the Immigrant Legal Resource Center in San Francisco.

On November 20, 2014 President Obama announced a new program—Deferred Action for Parental Accountability (DAPA)—that may help millions of undocumented immigrants who are parents of U.S. citizens or permanent residents. Qualifying applicants will get a temporary reprieve from deportation (currently set at three years), as well as an employment authorization document that will permit them to get a legal social security number. In California alone, over one million people may qualify for this program. Criminal defense lawyers will get a lot of questions about this program, because the main bar to eligibility is conviction of certain crimes.  Continue reading

Pharmacy Liable for Employee’s Illegal Peek at Customer Prescription Records

flirty business man appearing on laptopIn what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This may be one of the first times a health care provider was found liable under state negligence law for an employee’s failure to follow the federal Health Insurance Portability and Accountability Act (HIPAA)—and serves as a cautionary tale for employers in every state. Continue reading

5 Ways to Leverage California’s New Unaccompanied Minors Law

453025349The following is a guest blog post by Rachel K. Prandini, Unaccompanied Minor Law Fellow/Attorney at the Immigrant Legal Resource Center in San Francisco.

The number of unaccompanied minors arriving at the US southern border in 2014 has been unprecedented, with California receiving a large number of these children. The California legislature made great strides in assisting these vulnerable children through the passage of SB 873, which will give them greater access to justice in both federal immigration and state courts. California attorneys have opportunities to leverage this new law in at least five specific ways. Continue reading

You Don’t Own Me—Is it Employer or Employee Social Media Content?

187962221The following is a guest blog post by Olga Savage of Hartnett, Smith & Paetkau in Redwood City. Olga primarily represents employers in labor and employment law matters.

Many employers have implemented employment contracts and policies that specifically provide that the employer owns all developments, technological or otherwise, by employees during their employment. But what happens when employees have pre-employment social media accounts that they use to develop business during their employment? And what happens when an employee uses his or her pre-existing social media account to market, advertise, and/or develop business for his or her employer? Continue reading

Supreme Court Takes Up Federal Right to Same-Sex Marriage

153140057From the former capital of the Confederacy in Richmond, Virginia, comes the spark for a Supreme Court decision that could extend same-sex marriage to all fifty states within a year. Continue reading

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