Technology
From Gutenberg to Generative AI: Why lawyers remain essential
By George Brandon
Despite predictions that AI's accessibility to legal information will make attorneys obsolete, history says otherwise. Paralle...
Alternative Dispute Resolution
Truth, confidentiality and the case for mediation: What ABA Opinion 518 reminds us
By David I. Brown
ABA Formal Opinion 518 holds lawyer-mediators to a higher truthfulness standard than negotiating attorneys, and California's n...
Civil Procedure
An extraordinary right, narrowed by an extraordinary abuse
By Okorie Okorocha
California's J.O. v. Superior Court limits abusive peremptory challenges by allowing scrutiny of repeated strikes again...
Constitutional Law
Parker v Levy at 50: Reassessing discipline and dissent in the all-volunteer era
By William M. Paparian
This article examines how the Supreme Court's decision in Parker v. Levy continues to shape military free-speech rights...
Data centers, like mid-20th-century urban freeways, are being rapidly sited with insufficient local input and oversight. Stron...
Environmental & Energy
EPA'S proposed PFAS rescission: Key legal issues and practical implications for businesses
By Ayodeji Ayolola
The EPA's proposal to rescind certain PFAS drinking water standards turns on statutory interpretation and administrative proce...
Family
Dividing the invisible: Cryptocurrency, digital assets and the new frontier of California family law
By Tenny C. Rostomian-Amin
California family courts, long governed by predictable rules for dividing community property, now face cryptocurrency and othe...
California's new pay transparency laws give employers more reporting duties, regulators more enforcement power and plaintiffs'...
Technology, Labor/Employment
Why data and preparation drive successful wage and hour mediations
By Deborah Crandall Saxe
In high-stakes wage and hour litigation, successful mediation depends less on legal maneuvering than on early case evaluation,...
Labor/Employment
Has Labor Code Section 1102.5 become the great equalizer, or the 800-pound gorilla?
By Carol Gillam
California's expanding whistleblower and workplace-harassment protections have made it increasingly difficult for employers to...
Labor/Employment
AI hiring in California: Can employers defend the outcomes?
By Gretchen L. Jankowski, Jason E. Murtagh
As employers rely on AI to make employment decisions, they may still be held liable when automated systems produce discriminat...
Civil Procedure
After J.O., when should attorneys expect a CCP 170.6 challenge?
By James G. Perry
The California Supreme Court in J.O. v. Superior Court overruled Solberg in part and held that systemic ...
Corporate
When executives leave: The new corporate crisis
By Edward E. Shapiro, Joseph Gallagher
As executive departures become more frequent, employers must be prepared to address the legal and business risks that can foll...
Constitutional Law
250 years later, the Constitution still knows how to facilitate change
By Vikram David Amar
Although formal constitutional amendments are rare, many of the most important practical changes in our system of governance h...
Constitutional Law
Equality at 250: A crisis of empathy in the Constitution's promise
By Karis Stephen
Judges and Judiciary, Constitutional Law
The founders didn't foresee the erosion of judicial independence
By Joseph W. Cotchett Jr.
Law Practice, Constitutional Law
From quill to AI: How law practice has changed over 250 years
By James Wagstaffe
Immigration, Constitutional Law
How courts built federal control over immigration in America
By Kevin R. Johnson
Intellectual Property, Constitutional Law
America's original patent system in the AI age
By Betty Chen
U.S. Supreme Court, Constitutional Law
From obscurity to omnipotence, the evolution of the Supreme Court's long rise to power
By John S. Caragozian
Appellate Practice
Use it or lose it: How trial court forfeitures can doom an appeal
By Michael von Loewefeldt, Robert A. Roth
Preserving issues in the trial court is often the key to preserving arguments on appeal. Trial lawyers who understand forfeitu...
Remembered today largely through the film "I Want to Live!," Barbara Graham's 1955 execution prompted a re-examination of her ...
U.S. Supreme Court, Securities
Activist shut out at the gate in Supreme Court win for closed-end funds
By Timothy D. Reynolds, Jennifer Luz
In FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., the Supreme Court ruled that Section 47(b) of the I...
Workplace investigators who skip rapport-building in favor of blunt fact-finding may be undermining their own interviews. Buil...
Civil Procedure
A Section 998 offer more favorable than the judgment is, by definition, reasonable
By David B. Wasson
Why Pineda's good-faith requirement undermines the settlement the statute was built to encourage.
Law Practice
Good lawyering begins with good communication
By Christopher Frost, Kris Rossfeld
Lasting client relationships are built not on rainmaking alone, but on trust, proactive communication, business-minded advice,...