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Legal Education, Entertainment & Sports

Stream It Tonight! "The Paper Chase" (1973)

May 19, 2023
By Michael Asimow, Paul Bergman

Aspiring law students used to be told to watch “Paper Chase” to prepare themselves, but the film doesn’t describe the 21st cen...


Wills, Estates & Trusts, Probate

Documents and communications do not qualify as recoverable property under Section §850.


Torts/Personal Injury, California Courts of Appeal

Technology use in our daily lives is expanding the definition of who is ‘present’ at the scene of an accident.


Technology, Data Privacy

Are biometric data violation cases coming to a courthouse near you?

May 18, 2023
By Arthur F. Silbergeld, Aya Z. Elalami

While Texas, Illinois, and Washington are currently the only states with dedicated biometric privacy laws, many states have ex...


Torts/Personal Injury, Insurance, Health Care & Hospital Law

MICRA re-do; a redux or retread?

May 18, 2023
By Stanley L. Friedman, Art Kalantar

The basic laws of economics inform us that the imposed MICRA caps reduce the incentive of doctors to be careful or to avoid ma...


U.S. Supreme Court, Constitutional Law

Et tu, Bruton?

May 17, 2023
By Brian M. Hoffstadt

The 1968 decision in Bruton v. United States – which acts as a defensive shield for defendants – has witnessed a slow erosion ...


U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility

It appears unlikely that the Attorney General will prosecute Justice Thomas and find his failure to disclose was intentional a...


Expert Advice, California Courts of Appeal

Expert opinions rife with methodological issues could result in a complete dismissal of the litigation.


Wills, Estates & Trusts

Attorneys need to realize that their clients (like most people) do not want to appear to be stupid. Clients will tend to over ...


Immigration, Constitutional Law

The exaggerated fears of the end of Title 42 are now behind us. The hard work ahead is improving our under-resourced migration...


The bill arms consumers with important rights and protections, but most consumers won’t know how to enforce those rights. Add...


U.S. Supreme Court, Constitutional Law

Clarifying the dormant commerce clause

May 16, 2023
By Erwin Chemerinsky

The bottom line is that the Court ruled in favor of the ability of states to regulate what is sold in their borders, even if t...


U.S. Supreme Court, Constitutional Law

For litigators looking to challenge state regulations that reach into the affairs of other states, the most profound insight c...


Expert Advice, Ediscovery

Preparation is crucial for a Person Most Knowledgeable witness handling e-discovery matters, as their testimony will represent...


Technology, Ethics/Professional Responsibility

Although AI has proven over the years to be a helpful way to enhance the speed and accuracy of tasks – such as legal research ...


Technology, Ethics/Professional Responsibility

The ethics of the robot lawyer

May 15, 2023
By James D. White

If an attorney visits a client’s website, then uses an AI model to research the facts of their case, it is possible that a dat...


Civil Procedure

Tell your complete story in your MPA and in the exhibits. But don’t try to tell it in the UMF. It won’t do you any good, and i...


Contracts, California Courts of Appeal

Recent California Appeals Court decisions reveal that although COVID-19 certainly classified as a force majeure, individualize...


Appellate Practice

The appeal of putting an appellate lawyer on a trial team

May 12, 2023
By Thomas G. Sprankling

It is becoming increasingly common for appellate attorneys to embed themselves in a trial team just weeks or months before the...


Civil Litigation

How third-party litigation financing works, and who benefits

MCLE
May 12, 2023
By Reza Torkzadeh, Allen P. Wilkinson

Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance ca...


Health Care & Hospital Law, Government

It is important to recognize the broad reach of the courts’ decisions in this case, the potential impacts of which are not lim...


California Supreme Court

California Supreme Court Review: April 2023

May 11, 2023
By Andrew S. Ong, Ariel E. Rogers

Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger cove...


Letters

While the plaintiffs in this case may end up dodging the bullet, the opinion still remains a wary trap for litigators and it i...


Labor/Employment, Government

The California Civil Rights Department will be required to collect and analyze data on caste discrimination complaints, which ...


Government

How to enact a California bill

May 10, 2023
By Shaun D. Jacobs

The legislative process is exciting. As lawyers, it is important to be involved in the legislative process because we know how...


Torts/Personal Injury, Insurance

While it is arguably much easier for defense attorneys to determine their clients’ applicable policy limits, it is nearly impo...


Judges and Judiciary

The painting’s subject matter and its centerpiece-placement at Crow’s private luxury resort show not just the importance of th...


Alternative Dispute Resolution

The behind-the-scenes negotiations between Fox News and Dominion Voting Systems ended up accomplishing far more, in terms of a...


Law Practice, Ethics/Professional Responsibility

Beyond compliance: elevating your legal practice with ethical excellence

May 9, 2023
By George Cardona, Catherine Ongiri


Government, Criminal, California Courts of Appeal

The Court analogized the allegations of harassment, which included throwing rocks at visitors, running over people with surfbo...