Letters
The significance of the Leon case is law enforcement no longer has absolute immunity
By Les T. Zador
U.S. Supreme Court, Alternative Dispute Resolution
Coinbase is a win for defendants seeking to compel arbitration
By John A. Vogt, JoeAl Akobian
Now that a stay of proceedings is mandatory upon the filing of an interlocutory appeal of a decision denying a motion to compe...
Government, Civil Rights
Gender-affirming care and custody bills are being misconstrued
By Debra R. Schoenberg
Controversy brews over new laws and a threat to long-established nationwide custody rules.
In December 2021, the baby bar enjoyed its 15 minutes of fame when Kim Kardashian announced to millions of Instagram followers...
Insurance
Uninsured motorist coverage and Proposition 213 in the era of skyrocketing insurance rates
By Justin Sterling
As the cost of auto insurance in California rises, the number of drivers who cannot afford to purchase insurance will likely i...
Technology, Ethics/Professional Responsibility
Large language models loom large
By David M. Majchrzak
Given that large language models are not designed to extract information purely from traditionally reliable sources of legal a...
Alternative Dispute Resolution
Cross-border conflicts: mediating across cultures
By Sukhsimran Singh
In the West, we are expected to look people directly in the eye when speaking, which is counterintuitive to cultures with high...
Government, Criminal
Charges against Trump in classified documents case fall into three legal categories
By John H. Minan
Some may have been surprised that Trump was not additionally charged with unlawfully sharing national defense informati...
Grappling with evidence is as good as it gets – a sign that judges and lawyers want to get it right.
Ethics/Professional Responsibility, California Supreme Court
California joins the rest of the nation in adopting the 'snitch rule'
By Wendy L. Patrick
This rule has been a long time coming. According to the State Bar of California News Center, since 2010, California has twice ...
Alternative Dispute Resolution
Transactional mediation: facilitating negotiations without litigation
By Greg Derin
When negotiations stall, it can be due to a reluctance to explore one’s own interests and motivations or insufficient confiden...
U.S. Supreme Court, Intellectual Property
Supreme Court's Jack Daniel's decision strengthens and expands trademark rights
By Dariush Adli
The Supreme Court discarded the Roger's test as an affirmative defense to claims of trademark infringement and dilution...
Under Cal. Rev. & Tax. Code section 19060, failing to notify the state means the California statute of limitations never r...
Torts/Personal Injury, Criminal
California hazing laws and potential liability updates
By Christa H. Ramey
The laws in these areas are evolving and provide a reason not to approach litigating hazing-related injuries and tragedies as ...
Tax, Government
The LA mansion tax has led to lawsuits and less than anticipated revenue
By Jeffrey Dintzer, Garrett Stanton
Mayor Karen Bass adjusted Los Angeles’s budget to reflect $150 million per year in anticipated revenue from the so-called “man...
Torts/Personal Injury, Health Care & Hospital Law
Medical recklessness claims in California
By Mike Arias, Alena Klimianok
Psychiatric facilities and nursing homes are not glamorous places to work. Turnover is high, and oftentimes these facilities m...
Labor/Employment, Government
Proposal expands worker protections following mass layoffs; serves as a WARNing to California employers
By Julia Y. Trankiem, Veronica A. Torrejón
Intellectual Property, Entertainment & Sports
Maximizing the value of musical composition copyright catalogs
By Henry W. Root
Thorough pre-sale preparation can increase value and expedite closing.
Tax, Entertainment & Sports
Songwriters continue to score tax breaks
By Michael R. Morris
Congress has lowered tax rates for songwriters who sell their catalogs and electively take advantage of capital gains treatmen...
Technology, Law Practice
Artificial intelligence isn’t smart enough to detect bogus cases
By Anita Taff-Rice
AI platforms should disclose information needed for attorneys to avoid ethical traps.
Corporate, Civil Procedure, 9th U.S. Circuit Court of Appeals
Navigating the choppy waters of bylaw forum-selection clauses after Seafarers
By Wesley Sze, Michael D. Celio
What about derivative claims that can only be brought in a federal forum? It seems the tides pull in different directions. Las...
Judges and Judiciary
The most important people you have never heard of, starting with Deni Butler
By Lawrence P. Riff
This first column (with several to follow) focuses on the departmental chiefs charged with the day-to-day running of the eight...
Government, Constitutional Law
Are reverse warrants the radical undoing of Fourth Amendment rights AB 793 Claims?
By Francis Adams, Karin Sweigart
From a law enforcement perspective, AB 793 seeks to prohibit a necessary tool for law enforcement investigations without any e...
Which judge will finally sit in the chair overseeing the case presents a unique backdrop for its resolution.
Criminal
Piercing of attorney-client privileges could lift the veil in Trump case
By Andrew Browning
Evidence from Trump’s lawyer in the classified documents and obstruction case may prove critical to prosecutors if admitted to...
The United Farm Workers Union was trying to organize orchard workers in the Yuba-Sutter area. California Rural Legal Assistanc...
Looking at the provision for divorce under Iranian Law and Procedure provides a road map for comparison. The Iranian law recog...
Land Use, Government
Last minute legislation threatens public’s right to know impacts of projects
By Todd T. Cardiff
Ostensibly part of the Governor's "infrastructure" plan, the bill takes aim at CEQA's disclosure requirements - particularly a...
Wills, Estates & Trusts
Revisiting the tangled rules for modification of revocable trusts
By Mark J. Phillips, Jake V. Phillips
While the process of revocation is better understood, the rules for modification under § 15402 continue to be the subject of l...
Insurance
Antiquated war exclusion does not bar coverage for $700M cyber insurance claim
By Robert Wallan, John Chamberlain
Unfortunately, the insurance industry continues to pursue the sale of policies that rarely provide coverage. In response to th...