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New California Law: Use and Abuse of Drugs

Effective January 1, 2019, Business and Professions Code Section 740 became new California law (Assembly Bill  2760 was signed by then Governor Brown on September 10, 2018) requiring those who prescribe medication to be more vigilant of patients who have an increased risk of substance abuse. A prescriber is now required to provide education to … Read More

LINGUISTICS AND THE PRACTICE OF LAW

Linguistics is the study of language. It is reflected in everything we say and what we do. Essentially, it impacts how we communicate with others. In this regard, every word can have significance; many of which are like a double-edged sword, in which there can be two completely different meanings. To be effective in the … Read More

Canadian Government Legalizes Marijuana

On October 17, 2018, the Federal Government of Canada legalized cannabis. At best, this is a national experiment and controversial legislation. Clearly, the tax profits available to the Canadian government are enormous,  and the vast numbers of businesses devoted to the production, distribution and sales of marijuana seem boundless.  And, the question of health to … Read More

Mandatory Patient Prescription Reporting Data Base

On July 1, 2016, Health and Safety Code Section 11165.1 required all designated California licensed professionals who are authorized to prescribe, order, administer and/or furnish Schedule II, III and IV controlled substances to register, on a database that is commonly referred to as CURES 2.0,  the Controlled Substance Utilization Review and Evaluation System. CURES is … Read More

SUPERIOR ADVOCACY

How does one define the role of a lawyer? What are your expectations? Do you want an average lawyer or a truly great attorney? Here is a list of questions you might want to ask yourself and the lawyer with whom you consult: Do you want a lawyer who is pro-active, meticulous and believes in … Read More

Supreme Court Rules Against Mandatory Union Dues

The case of Janus v. American Federation of State, County, and Municipal Employees, Council 31 (Janus v. ASCME), No. 16-1466 (June 27, 2018), is a landmark decision is which the U.S. Supreme Court held public sector employees, specifically those in state and local government,  cannot be required to pay membership fees if they do not … Read More

States May Collect Sales Tax from Internet Sellers

On June 21, 2018, in the case of SOUTH DAKOTA vs. WAYFAIR, INC., ET AL, the U.S. Supreme Court held states have the right to collect sales tax from internet retailers even though they do not have a physical presence in the respective state(s). The majority of the Court noted the number of people in … Read More

US Supreme Court Invalidates Federal Ban on Sports Betting

In the May 14, 2018 case of MURPHY. vs. NATIONAL COLLEGIATE ATHLETIC ASSN., the U.S. Supreme Court held the Federal law that barred sports betting was null and void. Supreme Court Justice Samuel A. Alito Jr. wrote in the majority opinion: the Federal law was a violation of state sovereignty because it “unequivocally dictates what … Read More

Beware of Cyber Attacks

It has been said, and bears repeating: There are those that know they have been hacked and those that do not. There are those who have been hacked and those that will be; There are those who will be hacked again; Our devices and products, at home, at work and on the go, are connected … Read More

Criminal and Licensing Sentences

In seeking to defend a criminal case or a professional or occupational license matter, the initial step is to evaluate the degree to which the allegations can be established. There are vastly different standards of proof for the prosecution in criminal and administrative law cases. In that regard, it is far easier for the prosecution … Read More