Criticism of SB 574 misunderstands both the bill and the voluntary certification program it addresses. Nothing in the measure...
Bankruptcy
From dot-coms to AI start-ups: Same boom, different bust
By Monique D. Jewett-Brewster
While the dot.com and AI booms share similarities, the resulting company failures raise materially different bankruptcy issues...
Judges may use AI as a tool, but they must personally read the key pleadings and evidence, evaluate the law and credibility, ...
Constitutional Law
The president has no business running elections
By Allan Lee Dollison
President Donald Trump's effort to restrict mail voting through executive action exceeds presidential authority over elections...
The "agentic referee" offers one way to explore adjudicative AI while preserving transparency, meaningful human oversight and ...
SB 577 would make it harder for survivors of institutional childhood sexual abuse to pursue claims against California public e...
Real Estate/Development
When 'substantial completion' is not enough: Purchase agreements for newly constructed buildings
By Jessica K. Lomakin, Nancy A. Park
Purchase agreements for buildings still under construction must precisely allocate the risk of delay--distinguishing between a...
California privacy laws can limit the harms of license plate readers, but to eliminate the threat, communities need to break u...
Labor/Employment
Lessons from a major whistleblower retaliation verdict
By Stephen C. Kimball
California Labor Code Section 1102.5 is a strong weapon for employees, and a recent major verdict shows why employers faced wi...
Labor/Employment
Another exit from arbitration, but how wide is the door?
By Andrew L. Satenberg, Jake Kim
The 9th Circuit's Ding decision allows employees who discover a viable sexual harassment claim after arbitration begins...
Technology, Family
AI chat history: Trials and tribulations of discovery in a California divorce proceeding
By William O. London
AI can be a valuable tool in a California divorce, but litigants should understand that their conversations may not be private...
A change from $X to zero dollars isn't a change in judgment?
Letters
California courts needed a statewide case management system
By Terry B. Friedman
California's failed statewide court case management project was costly and troubled, but its goal of connecting courts across ...
Tax
Can California tax options and restricted stock after you move away?
By Robert W. Wood
Leaving California may not end California tax obligations for residents with stock options or other equity compensation.
Criminal
Perkins operations and constitutional limits: Lessons from People v. Zapata
By William M. Paparian
The Court of Appeal's decision in People v. Zapata clarifies the constitutional limits of undercover jailhouse operatio...
Missed post-trial requirements can doom a challenge to an adverse verdict--and the appeal that follows. Counsel should know tw...
California negligence law already knows how to allocate responsibility when technology replaces the person behind the wheel.
Labor/Employment
Courts should stop rescuing unlawful arbitration agreements
By Scott D. Nelson
Can courts still enforce pre-dispute employee arbitration agreements that do not meet the Armendariz requirements?
Labor/Employment
Stay out of arbitration, stay out of federal court
By Eric B. Kingsley, Kelsey M. Szamet
Recent California decisions and federal law give employment attorneys new ways to challenge arbitration agreements and defeat ...
Torts/Personal Injury
Why workers' comp liens complicate personal injury settlements
By Lee M. Mendelson
Personal injury cases involving workers' compensation liens create complex settlement dynamics as injured workers, insurers an...
As courts experiment with AI-generated rulings, the push for efficiency is raising concerns about judicial independence, trans...
Artificial intelligence's greatest value to lawyers may extend beyond efficiency by freeing time and providing insights that h...
Ethics/Professional Responsibility
Privilege is not a litigation strategy
By Andrew A. Servais
Litigation decisions involving attorney-client privileged information can result in waiver, attorney disqualification and othe...
Torts/Personal Injury
3 reasons litigation will rise in the Inland Empire over the next decade
By Justin H. King
Population, industrial and trucking growth are converging to make the Inland Empire an increasingly consequential center for c...
Intellectual Property
Good morning, AI: Robin Williams' family fights back
By JD Harriman
AI has made it easier than ever to imitate a celebrity. A four-step strategy can give celebrities and their families the best ...
Criminal
The 'guilty plea' trap: Standard criminal defense fails licensed professionals
By Craig Menchin
Criminal defense attorneys representing licensed professionals must consider the potential licensing consequences of plea agre...
When no court reporter means no meaningful appeal, family lawyers now have an answer: California courts must provide a way to ...
The Court of Appeal's decision in People v. Cruz improperly expands resentencing relief by eliminating enhancements bas...
Age alone is not enough to take away an elderly driver's license, but California has safeguards to determine when someone shou...
North Carolina's high court struck down a condemnation that failed the Constitution's public use requirement, offering a lesso...