Alternative Dispute Resolution
Arbitration can be your solution to resolve disputes under CCPA’s private right of action
By Daniel B. Garrie
Arbitration can be a valuable alternative dispute resolution method for CCPA’s private right of action. It is faster, less exp...
Ethics/Professional Responsibility, Class Action
Ethical considerations in settling class actions
By Lauren M. Blas, Wesley Sze
Class settlements often involve unique deal terms that can implicate counsel's ethical obligations. Two areas that have been t...
Government, Constitutional Law
Disney sues DeSantis: Who has the strongest case?
By Omar Ochoa
If the case moves in Disney’s favor, it could set a precedent that leads to greater corporation freedom. While this could pote...
In a cultural setting, the basis for attorney payment is appreciation for services, not hourly work or wage payment.
U.S. Supreme Court, Legal Education
The Dust Bowl and the Supreme Court (Part II)
By John S. Caragozian
California’s Depression-era anti-Okie law had three ironic endings, none of which could have been contemplated at the time by ...
Judges and Judiciary
Clogged courts are empaneling limited-English-speaking jurors, despite what the law requires
By Patrick S. Nolan
Code of Civil Procedure Section 203(a)(6) states: All persons are eligible and qualified to be prospective trial jurors...
Entertainment & Sports
Stream It Tonight! 'Leave Her to Heaven' (1945)
By Paul Bergman, Michael Asimow
Vincent Price plays the part of a prosecutor who ignores both evidence rules and the Constitution by calling the defendant as ...
HEALTHY Divorce was created at the height of the pandemic as a way to reduce the negative physical and mental health outcomes ...
Labor/Employment
California employers could face stronger WARN obligations
By Sonya D. Goodwin
On Feb. 17, Assembly Bill 1356...
“In the context of litigation between insurers, “[a]lthough courts often use the terms `equitable contribution,’ `equitable in...
Ethics/Professional Responsibility
Evaluating claims and risks of hindsight
By Alanna G. Clair, Shari L. Klevens
Attorneys who fail to give a valuation its due consideration could create unnecessary risk in the event things go sideways.
Labor/Employment, California Supreme Court
Hold your breath: California courts continue to weigh wage statement violation defense
By Theodore E. Bacon, W. Michael Hensley
Given the divergence in approaches on the "good faith" defense between Naranjo and Gola, the issue is ripe for p...
It seems reasonable to believe that there are an increasing number of bad faith settlements and judgments. Not all involve goo...
The lack of product consistency, market limitations, and even banking limitations all make celebrity brands in cannabis more d...
Technology, Law Practice
Do law firms fear AI for the right reasons?
By Daniel O’Rielly, Dena Roche
AI and the related potential for disruption is coming to law firms. This is good news for firms with a business culture of emb...
Judges and Judiciary, Appellate Practice
Not all judges have an affection for Amici
By Benjamin G. Shatz, Benjamin E. Strauss
Whether a particular court adopts the permissive or restrictive approach should not impact your amicus filings.
Military Law, Constitutional Law
Sikhs’ pursuit of religious freedom in the military
By Eileen C. Moore
The United States military’s dress code requirements preventing Sikhs from having beards and wearing turbans and religious art...
Government, Alternative Dispute Resolution
Recent amendment to AB-924 could wipe out mediation confidentiality when complaints arise
By A. Marco Turk
The proposed amendment would require that a mediator would be required to provide an additional explanation to parties that wh...
When we allow our personal opinions to influence our judgment, how fair or unfair are those personal opin...
Familiarity with literature and the humanities as a human, as opposed to an unthinking machine searching for words, is our tri...
U.S. Supreme Court, Constitutional Law
The Dust Bowl and the Supreme Court (Part I)
By John S. Caragozian
While the Supreme Court majority limited itself to the commerce clause, it recognized two important concepts in Edwards...
Judges and Judiciary
Looking askance at the law: The jurisprudence of anger
By William Domnarski
The nature, custom, and practice of opinion writing at the Supreme Court (and all other appellate courts as well) tells us how...
Treatment courts work. They work because they intelligently apply public health best-practices and clinical wisdom to help the...
Law Practice, Judges and Judiciary
JUDGING BAD GUYS Part VI: How litigators might deal with it
By Myron Moskovitz
Books on litigation tactics typically advise lawyers not to hide bad facts. Bring them out yourself - in your Statement of Fac...
Insurance
SIRs and the duty to defend: their impact may be less than you think
By Robert M. Waxman
The difference between SIRs and deductibles is that “the policy limits apply on top of the SIR,” but a deductible “reduces the...
Law Practice, Ethics/Professional Responsibility
A new era of trust accounting
By David M. Majchrzak
It seems increasingly common to overhear conversations from lawyers about what to do when they cannot determine which funds be...
Technology, Alternative Dispute Resolution
Will AI or human neutrals decide your case?
By Jonathan A. Goldstein
The “AI Neutral” will become a reality, so the legal industry might as well embrace it.
A Jewish friend of his “with fine literary instincts and credentials,” knowing of Philip Slayton’s opinions said, “Don’t do it...
Constitutional Law, Cannabis
California cannabis social equity provisions and the dormant commerce clause
By Shay Aaron Gilmore
As California moves toward interstate cannabis commerce, and courts grapple with whether cannabis social equity provisions can...
The divide between the majority and dissent seems to be symptomatic of some murkiness in this area of First Amendment doctrine...