Alternative Dispute Resolution
Why it's time to retire the 'little unhappy' speech in mediation
By Robert S. Mann
In mediation, instead of using the cliché "a good settlement leaves everyone a little unhappy," it might be more effective to ...
Judges and Judiciary
Navigating California's new opt-out magistrate judge program
By Thomas V. Wynsma, Kristine Avena
The Central District of California's new opt-out program gives attorneys a short amount of time to decide between district and...
Ethics/Professional Responsibility, Civil Procedure
'Of counsel' attorneys' expanded exposure to frivolous pleading and motion sanctions
By William Slomanson
An Arizona judge sanctioned two law firms and Alan Dershowitz for a frivolous voting system lawsuit, with the Ninth Circuit se...
Labor/Employment
Skip PAGA's early evaluation conference, proceed to mediation
By Allison Eckstrom
California's 2024 PAGA amendments expand employers' ability to cure Labor Code violations but create a complicated early evalu...
Labor/Employment
Rule of Professional Conduct 1.11 and taking your practice private
By David M. Majchrzak
Former government lawyers face unique ethical challenges under Rule of Professional Conduct 1.11, which extends broader confid...
Environmental & Energy
San Francisco v. EPA: Requiem for receiving water limitations?
By Davin A. Widgerow
In City and County of San Francisco v. U.S. Environmental Protection Agency (2025), the U.S. Supreme Court struck down...
Labor/Employment, Entertainment & Sports, Contracts
Talent managers penalized by a law that doesn't say so
By Kevin J. Greene
The Labor Commission, by misinterpreting the TAA, has left the communities of personal managers, attorneys, producers, publici...
Letters
Judge Murphy: Tough on rules, fair in court - no room for courtroom antics
By Robert B. Packer
Seventeen attorneys are seeking the disqualification of Judge Mary Ann Murphy, but based on her track record, she is known to ...
Technology, International Law
Navigating the global playground: A look at video game laws around the world
By Tom K. Ara, Ryan Black
As the gaming industry evolves from physical sales to digital platforms, developers must navigate an intricate web of internat...
Labor/Employment, Civil Rights
Implicit bias training checks the box, but not the behavior
By Elana R. Levine
Despite California's mandated implicit bias training, little progress has been made in addressing systemic discrimination affe...
Law Practice
Are you missing out on business by not talking to your clients?
By George Brandon
Lawyers who actively maintain relationships with clients through proactive communication, education, and follow-up are more li...
Technology, Insurance
Growing pains: The first 25 years of cyber insurance
By Richard DeNatale
Cyber insurance has experienced rapid growth, market volatility, and evolving risks, and has not yet developed into a mature m...
Mergers & Acquisitions, Contracts
Tariffs in flux: M&A deals at risk in 2025
By Scott M. Wornow
Amid tariff uncertainty and market chaos, thoughtless 'copy and paste' M&A approaches will prove problematic as standard c...
LA Fires, Insurance
Holding insurance regulators' feet to the fire as wildfires and hurricanes test accountability
By Benjamin R. Fliegel, Matthew B. Weaver
California and Florida's differing responses to the insurance crisis show how crucial oversight and transparency are for prote...
The Rhode Island case SCLS Realty v. Town of Johnston brings the issue of "pretext" back into the spotlight, as prope...
Judges and Judiciary
Public criticism of judges undermines justice
By Richard Alexander, Eugene M. Hyman
Publicly criticizing individual judges, as seen in the case of San Francisco District Attorney Brooke Jenkins, harms judicial ...
Labor/Employment
The curiosity gap: How attorneys miss revenue opportunities
By Thomas Riebs
Legal specialization, while essential for excellence, often stifles the curiosity needed to understand clients deeply and unco...
Torts/Personal Injury
Montoya ruling shifts the burden on causation in medical malpractice and beyond
By Benjamin T. Ikuta, Michael J. Jeandron
Montoya v. Superior Court places the causation burden on the defense when a negligent omission results in missing evi...
Alternative Dispute Resolution
The arbitration discovery thicket of SB 940
By Gary Nadler, Louise A. LaMothe
California's new Senate Bill 940, effective January 1, 2025, expands discovery rights in arbitration, aligning them with Calif...
9th U.S. Circuit Court of Appeals
Inside the Ninth Circuit's en banc process
By Johanna Schiavoni
A recent program hosted by the Ninth Circuit provided insights into the complexities of the Ninth Circuit's en banc process, c...
International Law
Revisiting CBAM and its impact on California amidst global trade tensions
By Roberto Escobar
The EU's Carbon Border Adjustment Mechanism (CBAM), starting in 2023, targets carbon-heavy imports like steel and cement, pres...
Family
In Re M.V. shows legal burden on parents remains steep in dependency cases
By Eric W. Meyer
The appellate court's decision to uphold a trial judge's ruling in In Re M.V. illuminates the broad discretion judges ...
Letters
Was Judge VanDyke trying to say in his video 'Don't mess with me?'
By Mark E. Hancock
Judge VanDyke's video raises concerns about the intersection of judicial conduct, public safety, and rhetoric in the ongoing g...
Constitutional Law
250 years after Patrick Henry's cry, is legal independence dying on our watch?
By Charles H. Jung
As we honor Patrick Henry's call for liberty, we face modern threats to judicial and legal independence; it's our duty to defe...
Labor/Employment, Civil Rights
DEI after SFFA: How Supreme Court ruling and executive orders reshape workplace diversity
By Kenneth Sharperson
Expanding the concept of diversity beyond race to include other important factors can continue to build diverse and inclusive ...
Civil Rights
Trump's attacks against big law present an opportunity for the plaintiff's bar
By Zachary N. Zaharoff
Trump's executive orders targeting law firms threaten the legal profession, stifle political opposition, and limit rights enfo...
Civil Rights
Extending Patrick Henry's call for freedom to autonomous sentient beings
By Paul A. Bacigalupo, Theresa J. Macellaro
Patrick Henry's cry for liberty lives on in the fight to free Billy and Tina, two elephants at the LA Zoo, as advocates demand...
Tribal governments balance sovereignty, democracy and individual rights through elections, judicial systems and hiring prefere...
The firing of top military lawyers by Secretary of Defense Pete Hegseth, seen as an attack on the rule of law, signals a dange...
Criminal
What is liberty? Why New Zealand's approach to youth justice is worth emulating
By Frankie Guzman
Patrick Henry's call for liberty, which has long symbolized freedom for some, must be reexamined in light of its historical im...