Law Practice, Ethics/Professional Responsibility, Appellate Practice
Get your law firm’s succession planning out of your lizard brain
By Daniel O’Rielly, Dena Roche
The first step is to recognize that the Rules of Professional Conduct require you to have a succession plan in place.
Labor/Employment
New law on emergency conditions at place of employment
By Eric P. Weiss, Jasmin B. Bhandari
One can easily foresee the potential issues raised by the new law, and its impact on employees and employers, as well as the c...
Government, Family
Preconception, prenatal and postnatal considerations
By Reza Torkzadeh, Allen P. Wilkinson
An unborn child whose father has died due to another’s tortious conduct may bring an action for the wrongful death of that par...
Insurance
New law establishes rules of the road for “time-limited demands” in insurance claims
By Jordan S. Derringer, Michael L. Bean
This law is a positive step toward regulating the use of “time-limited demands” in third-party liability claims, but it is lim...
Government, Family
The elder abuse act and its expansion to address isolation
By Shawna Schwarz
This article and self-study test will review who is protected, the types of abuse covered, who can petition for relief, and th...
This might be the end of my office. What client would want us if the price were jail time?
Judges and Judiciary, California Courts of Appeal
Interesting Times: The 2022 Appellate Year in Review
By Benjamin G. Shatz
For better or worse we live in more interesting times where ordinary appellate activities seem even more trivial than usual.
Domestic Violence and social media are not a match made in heaven.
Labor/Employment, Government
California employment law landscape for 2023
By Mara D. Curtis, Michael R. Kleinmann
Companies with 75 or more employees must provide advance written notice of mass layoffs, relocations or terminations of operat...
Intellectual Property
Collaborations gone south – trade secret lessons
By Adam Alper, Michael W. DeVries
Companies engaging in a collaboration with another company may consider steps to protect their trade secrets and insulate them...
Government, Family
Respect for Marriage Act challenge unlikely to come from California
By Ronald L. Zambrano
LGBTQ advocates have expressed disappointment that the law only requires the government to recognize same-sex and interracial ...
Labor/Employment, Insurance
Second inning: medical management and gathering early evidence
By Joseph M. Barrett
Injury victims should always seek the best and most thorough medical attention. Many do not realize that doing so will increas...
Litigation & Arbitration, Labor/Employment
Seven secrets for successful mediations
By Eli M. Kantor
You need to carefully analyze your case to determine what mediator is the right fit for your case.
California Supreme Court
California Supreme Court Review: December 2022
By Alexis S. Coll, Yoona Lee
This month's installment examines the implications of the California Supreme Court's forthcoming decision in Turner v. Victoria.
Government
Some legal structures make intergroup work difficult
By Janai S. Nelson, Thomas A. Saenz
The troubling recording of three councilmembers and a labor leader that was released in October confirms that politicos of all...
Law Practice, Appellate Practice
Creative Rap is Not Evidence Against Me: C.R.E.A.M.!
By Rodney S. Diggs
Under AB 2799, prosecutors need to do more than present rap lyrics or expressions depicted in music videos in order to get a c...
The newest form is Form 1099-NEC, and it covers the waterfront for any independent contractor.
California extends employment protection To medical and recreational cannabis consumers.
Technology, Judges and Judiciary
Machine intelligence in court: bias & transparency
By Curtis E.A. Karnow
AI is only as good as its training, and it’s tough for users (and the public) to determine the bias resulting from limited tra...
Environmental & Energy
Will climate tech survive the market downturn?
By Andrew Harper
Over the last few years, there have been a confluence of events and circumstances that are fueling encouraging levels of inter...
Real Estate/Development, Government
Making a federal case out of title
By Michael M. Berger
If the statute of limitations is not jurisdictional, courts need to exercise discretion and apply tools like equitable tolling...
Technology, Judges and Judiciary
Can AI pick your judge for the win?
By Paul F. Rafferty
Great judging escapes the predictability that AI promises, and lawyers who settle for AI predictability will never inspire tha...
While the courts seemingly agreed that the closure and stay-at-home orders alone do not trigger coverage under property insura...
Litigation & Arbitration, Contracts
So you think you have a binding arbitration agreement?
By David I. Brown
You may have waived it. What California businesses and employers need to know.
Technology, Data Privacy
Cyber mercenaries turn mobile phones into spying devices
By Anita Taff-Rice
Government, Ediscovery
The Pitchess motion: obtaining law enforcement personnel records
By Emily R. Pincin
The first step in a Pitchess motion is a showing of good cause for disclosure of the records and the materiality of the...
Technology, Law Practice, Appellate Practice
Lawyers wary of AI are missing the big picture
By Lance Eliot
If an attorney can do more work than they used to do, you presumably won’t need the same number of lawyers that you would when...
Class Action
Navigating requests for class contact information before class certification
By R. Joseph Barton, Colin M. Downes
Defendants frequently resist requests to produce such data before class certification and assert a concern for the privacy int...
Government, Environmental & Energy
States are riding the coattails of federal govt. environment policies
By McGregor Scott, Oliver Thoma
After two years of federal-state environmental justice initiatives, are state attorneys generals letting the feds do all the w...
Entertainment & Sports
Stream it Tonight! Philadelphia (1993)
By Paul Bergman, Michael Asimow
Under the movie industry’s censorship code, which remained in effect from 1934 to 1968, homosexuality was a subject that didn’...