U.S. Supreme Court, Constitutional Law
Free speech is protected, but how is less clear following recent court rulings
By Elizabeth M. Pipkin, Annan Chen
While the line between protected and unprotected speech seems to be getting more ambiguous, the Supreme Court provided certain...
State Bar & Bar Associations, Ethics/Professional Responsibility
Why the new 'snitch rule' might be one of the hardest ethical rules to follow
By Wendy L. Patrick
Legal skeptics have argued for years that this rule is easy to read, but hard to enforce.
Depositions often take place when your client feels most vulnerable. Preparing a client therefore requires careful attention t...
The Court has its lowest public confidence and approval ratings in history. I have the strong sense that if the Court continue...
California Supreme Court, Alternative Dispute Resolution
California Supreme Court Review: June 2023
By Andrew S. Ong, Kourtney Kinsel
A recent court of appeal decision took aim at arbitration provisions seeking to limit injunctive awards to individuals – rathe...
Intellectual Property
Copyright: rights even heroes can’t protect
By Tommy H. Du, David Martinez
A recent federal court decision illustrates the contours of derivative work protection and underscores the difficulty in estab...
Torts/Personal Injury, Land Use, Insurance
Challenges in seeking compensation for victims of Rolling Hills Estates landslide
By Shant A. Karnikian
As experts scramble to assess the damage and determine the cause of the Rolling Hills landslide, many are left wondering wheth...
Family
Cultural Divorce, Part IX: Understanding and litigating bigamy
By Abbas Hadjian
Worldwide, bigamy is a response to surviving and obtaining the necessities of life, but the reasons for entering a bigamous ma...
Law Practice, Civil Litigation
Tips for organizing and selecting bellwether trials
By Sophia Arim
As a practical matter, it is incredibly important for plaintiffs’ counsel to keep pertinent and organized data about their cli...
The workers arrived at 4:30 a.m., but they weren’t there to work. Instead, they walked back and forth along the road carrying ...
Government, Evidence
CAOC-sponsored bill addressing Kline v. Zimmer signed
By Saveena Takhar
SB 652 clarifies Evidence Code § 801 to ensure all experts must testify to a reasonable degree of probability based on their f...
Those who would do harm or interrupt transit need to know they will be held accountable for their actions and will face proper...
Constitutional Law, 9th U.S. Circuit Court of Appeals
9th Circuit slides off slope with determination that rap music gives rise to sex discrimination claim
By William J. Briggs II
The court’s holding opens doors to personal and professional censorship. Although the 9th Circuit may be right about the Distr...
Alternative Dispute Resolution
When to use a discovery special master
By Daniel B. Garrie, Gail A. Andler
Special Masters, unlike judges, do not typically have a formal court docket, and as such, Special Masters can respond to reque...
Torts/Personal Injury, Administrative/Regulatory
“Forever chemicals” shouldn’t be hidden
By Vineet Dubey
Beginning in 2025, AB 1817 will prohibit the manufacture, distribution, sale or offer of textile articles containing PFAS. Thi...
Entertainment & Sports
Stream It Tonight! "Manhattan Melodrama" (1934)
By Paul Bergman, Michael Asimow
This dramatic movie illustrates the competing cultural currents that Prohibition spawned. It was released about a year after P...
Administrative/Regulatory
CPUC considers how to implement income-based fixed charges for residential electric utility service
By Seth Hilton, Lilly Mckenna
California is considering fixed charge proposals to bill residential customers based on income rather than energy usage. The L...
Technology, Intellectual Property, Class Action
Comedian files class action against OpenAI for alleged copyright infringement
By Josh Eichenstein
Comedian Sarah Silverman has filed a class action lawsuit against OpenAI, alleging copyright infringement of her written work....
Labor/Employment, Alternative Dispute Resolution
A practitioner’s guide to the 2022 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
By Will Reed, Justin Shegerian
The 2022 amendment to the Federal Arbitration Act exempts from mandatory arbitration far more than just sexual, gender and pre...
George Orwell’s name gets thrown around a lot by conservatives aggrieved at their treatment by the media, but I wonder what wo...
Land Use, Government, Administrative/Regulatory
CEQA reform bill slides into state budget at the eleventh hour
By Jennifer Chavez, Whitney Hodges
Infrastructure project opponents have weaponized the California Environmental Quality Act to kill unwanted projects. Last minu...
Immigration, Government
Surprising immigration tactics continue with announcement of an additional lawful immigration pathway
By Eli M. Kantor
DHS announces “Family Reunification Parole Processes” for Colombia, El Salvador, Guatemala and Honduras.
U.S. Supreme Court, Tax
Pending Supreme Court case could overshadow the legality of the so-called “mansion tax”
By Jeffrey Dintzer, Garrett Stanton
The outcome of the Moore v. United States case is likely to serve as precedent that will dispose of the Mansion Tax as ...
Torts/Personal Injury
Student injuries during PE class & school sports
By Michael E. Rubinstein
Mandatory activities that are part of the school curriculum fall outside the assumption of the risk doctrine.
Law Practice, Criminal
An easier route to disqualification of prosecutors
By Antonio R. Sarabia II
Conflicts between the People and victims are common, and possible serious conflicts may appear at virtually every stage of a c...
Real Estate/Development
The hot real estate market has a surprising downside for sellers
By Deb Graceffa
The more a buyer pays and the more hoops they have to jump through to close a deal, the more likely it is that a buyer will pu...
Family, Alternative Dispute Resolution
Mediation fosters out-of-the-box solutions in matters fraught with family discord
By Philip Barbaro
The bottom line is that family matters are never simply about money. They’re about competing interests, hurt feelings, and som...
Intellectual Property, Entertainment & Sports
George Harrison rocks the Mosk Courthouse
By Michael L. Stern
Harrison reacted with outrage to the court ruling finding him liable for stealing another composer’s work. After the disastrou...
Civil Litigation, Bankruptcy
Geeking out on live J&J/LTL bankruptcy hearings
By Catherine E. Bauer
While there isn’t an insolvency requirement for filing bankruptcy, one must ponder why a solvent individual or entity would vo...
Civil Rights, Administrative/Regulatory
Sexual harassment offensive conduct continues
By Arthur F. Silbergeld, Aya Z. Elalami
As the 60th anniversary of Title VII approaches, it is worth looking back at the judicial standards that have evolved, Califor...