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Law Practice

Microaggression and gaslighting in the legal profession

Feb. 26, 2024
By Halim Dhanadina, Angela Reddock-Wright

The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions,...


Education Law

Debate over parental involvement in education reignites

Feb. 26, 2024
By William W. Bruzzo

All youth, regardless of whether they are homeschooled or not, should be taught and assessed on a standardized basis to ensure...



Wills, Estates & Trusts

Supreme Court clarifies rules for modification of revocable trusts

Feb. 26, 2024
By Jake V. Phillips, Mark J. Phillips

In Haggerty v. Thornton, the Supreme Court followed the dissenting opinion from King v. Lynch -- that any method for revocatio...


Labor/Employment

Disney has publicly stated that it would rather have a National Labor Relations Board (NLRB) election than voluntarily recogni...



U.S. Supreme Court

Anti-DEI advocacy groups have a new target: minority-focused grant programs

Feb. 26, 2024
By Marcus A.R. Childress, Illyana A. Green, Ann O’Leary

Edward Blum’s attacks on the philanthropy sector could have serious consequences for the funding of programs that aim to incre...


Torts/Personal Injury, Entertainment & Sports, Contracts

Should the NCAA take a knee forever?

Feb. 23, 2024
By Frank N. Darras

The NCAA was recently sacked by new players’ unions, coaches on the move, and the absence of a much-needed federal framework. ...



Ethics/Professional Responsibility

Grief is personal and those in the legal community can learn from each other, and show empathy to those who are experiencing l...


Family

The public family law system deserves equal treatment

Feb. 23, 2024
By Lorie S. Nachlis

Private judges can streamline the process and provide more attention to complex cases. However, they also create a two-tier sy...



Litigation & Arbitration

The outcome of Bissonnette v. LaPage Bakeries Park St., LLC will affect whether commercial drivers, regardless of the i...


Torts/Personal Injury

California imposes strict liability on dog owners for any harm caused by their dogs biting someone, regardless of the dog’s pr...



Securities

Exxon’s lawsuit is part of a larger trend of corporations and conservative groups seeking to overturn or limit ESG regulations...


Construction

Credit where credit is due – local agency action to promote housing

Feb. 22, 2024
By Christopher S. Burt, Andrew K. Fogg

Local authorities have a shared responsibility to address the statewide housing crisis, and some cities have taken creative an...



Alternative Dispute Resolution

When a mediator must be the bearer of bad news

Feb. 22, 2024
By Lori Dobrin

Mediators sometimes have to deliver unpleasant messages to the parties in a dispute, such as the risks of going to trial or th...


Judges and Judiciary

Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threat...



Technology, Data Privacy

Tardy issuance of privacy regulations lands watchdog agency in court.


Civil Litigation

SB 235 aims to reduce delay and litigation costs by requiring parties to disclose certain basic information early in the litig...



Ethics/Professional Responsibility

Rule 8.3 involves many judgment calls, such as what constitutes a substantial question, credible evidence, material prejudice,...


Alternative Dispute Resolution

Birthing a mediation redux

Feb. 21, 2024
By Harris E. Weinberg

Full-day mediations let the process dictate the schedule, rather than the other way around, and are more conducive to achievin...



Most insurance documents explain how standard homeowners policies in California exclude losses caused by floods or earth movem...


Education Law

The complex legal terrain of special education law

Feb. 21, 2024
By Jennifer Chang

Legal practitioners who oversee cases involving children with disabilities must be aware of the state and federal laws and reg...



Alternative Dispute Resolution

New Year, new mass arbitration rules from the AAA

MCLE
Feb. 20, 2024
By JoeAl Akobian, Matthew T. Billeci, Michael Kushner, Luanna De Mello, John A. Vogt

Companies should update their arbitration agreements to take advantage of the new AAA rules and include conditions precedent t...


Technology

Recent FCC ruling on AI calls will likely test TCPA’s limits

Feb. 20, 2024
By Daniel Rios, Megan L. Rodgers



Alternative Dispute Resolution

Successful mediations call for an artist’s touch

Feb. 20, 2024
By Robert McGuiness

Mediation is an art, not a science, and successful mediators need to have a range of skills and abilities.


Alternative Dispute Resolution

A few words can make a big difference in California arbitration discovery

Feb. 16, 2024
By Louise A. LaMothe, Gary Nadler

Arbitration is a more economical and expedient way to resolve issues than litigation, but the scope of discovery depends on th...



Corporate

A clear-eyed view of the Corporate Transparency Act

Feb. 16, 2024
By Michael K. Lindsey

The Act may not deter criminals from using shell companies and may also impose a burden on legitimate businesses and expose th...


Family

Exposing juvenile dependency’s harsh realities

Feb. 16, 2024
By Roni Keller, Panda L. Kroll

Two stories highlight the challenges and failures of the child welfare system, and how families are often separated and trauma...



Torts/Personal Injury

Section 377.34 now allows recovery for pain, suffering, and disfigurement damages in survival actions filed between Jan. 1, 20...


Intellectual Property

The music industry may have to adapt to the rise of AI-generated works by focusing on live performances, fan experiences, and ...



Alternative Dispute Resolution

Acceptance, rather than control, is the key to shifting from an adversarial stance to a cooperative one in resolving disputes.


Intellectual Property

AI watermarks run deep

Feb. 15, 2024
By Relani Belous

Meta is working with other companies and organizations to expand its watermarking feature to third-party content and to embed ...