Insurance, Contracts
When is a “genuine issue” a defense against insurance bad faith?
By George Knopfler
The “genuine issue” or “genuine dispute” doctrine is a product of California case law. The doctrine has evolved and mutated ov...
A comparison of ChatGPT and Bard, and a discussion about the usefulness and limitations of each. By Paul Kiesel and Jeffrey Ko...
Civil Litigation, Alternative Dispute Resolution
Code of Civil Procedure Sec. 998 cost-shifting applies to settlement agreements
By Ogochukwu Victor Onwaeze
It is hoped that there will be a petition for review and that the Supreme Court takes up the invitation to clarify this recent...
Torts/Personal Injury, Civil Litigation
Will Dominion dominate Fox?
By Douglas E. Mirell
While some commentators have characterized Judge Davis’ refusal to enter summary judgment on the “actual malice” element as a ...
Real Estate/Development, Bankruptcy
Minimizing risk of a tenant bankruptcy in lease negotiations
By Jennifer C. Johnson, Marie K. Gribble
From a time and money perspective, a letter of credit or guaranty is preferable to a security deposit if a tenant files bankru...
Judges and Judiciary, Ethics/Professional Responsibility
A high bar for the high court: ethics and the judiciary
By Wendy L. Patrick
Judicial officers are well-advised to avoid any type of conduct that has the potential not only to create a conflict of intere...
U.S. Supreme Court, Judges and Judiciary
JUDGING BAD GUYS. Part V: The Supreme Court nails the bad guy
By Myron Moskovitz
This was the first case in which the Supreme Court adopted the “inevitable discovery” rule. Would they have done so if they we...
Labor/Employment
LA’s “Fair Work Week” means predictable schedules for retail employees
By Wendy M. Lazerson, Katherine A. Roberts
The Ordinance covers employers identified as retail businesses in the North American Industry Classification System (NAICS) wi...
Judges and Judiciary, Ethics/Professional Responsibility
Legislature should reform section 170.6 to stop abuses by DAs and public defenders
By David DeGroot
Alameda District Attorney Pamela Price’s action is an attempt to deflect criticism of an ill-considered plea agreement. Bubbli...
Tax
Good news, you found something valuable. Bad News, IRS will tax it
By Robert W. Wood
You might be surprised at how many academic and not so academic debates there are between tax professors, accountants and tax ...
Insurance, Corporate
Is your business going remote? You may need new insurance
By Kayla M. Robinson
One of the most significant emerging risks for remote or virtual operations is the threat of cybersecurity incidents. Business...
Technology, Law Practice
Things we have learned over the past year (or not)
By Scott J. Nord
The client, who is in custody or sitting by themselves at counsel table, starts to talk to the Court about their case, their f...
Civil Procedure, California Supreme Court
California Supreme Court Review: March 2023
By Andrew S. Ong, James Nikraftar
If the Supreme Court decides that a court in a non-California forum is one of competent jurisdiction to rule on a motion to c...
Government, 9th U.S. Circuit Court of Appeals
Beyond Mifepristone: The potential implications of AHM v. FDA on FDA's authority
By Joshua Oyster, Douglas Hallward-Driemeier
The prospect of other judges in future cases similarly substituting their own judgment for FDA’s expert scientific determinati...
Many states have expanded their laws authorizing modifications to irrevocable trusts, including allowing adaptations for tax l...
California Supreme Court
Castellanos shows the futility of petitions for review
By David A. Carrillo, Stephen M. Duvernay
Our state high court exists to maintain consistency and clarity in the law – not to correct errors.
Juvenile dependency presents somewhat unique issues of mootness.
As with most things in the cannabis industry, brand protection is more challenging than it would be for a non-cannabis company.
Technology, ESG
Responsible AI as part of a company's ESG framework
By Susan H. Mac Cormac, Stephanie Sharron
How "Responsible AI" practices in combination with ESG frameworks can be applied both to mitigate risk and support a corporat...
Trump is a dealmaker and he may yet be able to make his greatest deal of all. The election cycle is just around the corner – o...
Technology, Law Practice
What are people for? My first close encounter with ChatGPT
By John J. Kralik
ChatGPT proved to be a liar and a literary fraud in my very first interaction with him, ah … it. How very human. There are man...
U.S. Supreme Court, Ethics/Professional Responsibility
The imperative need for an ethics code for Supreme Court justices
By Erwin Chemerinsky
Several steps should be taken to help ensure that there is both the perception and the reality of a Court complying with the h...
Ethics/Professional Responsibility
A trail of decision-making breadcrumbs
By Alanna G. Clair, Shari L. Klevens
An attorney may have to defend or justify a decision that was made during the representation, even when those decisions includ...
Constitutional Law
42 U.S.C. § 1983 brings out the best and worst of our system
By Robert L. Bastian Jr.
When the court finally interprets the constitutional tort system the 42nd Congress actually intended, the entire system will ...
Law Practice, Civil Procedure, Appellate Practice
A case study in what not to do when amending complaints
By Garret D. Murai
“When a complaint contains allegations that are fatal to a cause of action,” stated Justice M. Bruce Smith, “a plaintiff canno...
Data Privacy
Privacy laws that regulate cookies tend to crumble when implemented
By John A. Vogt, Ryan D. Ball
Privacy law remains unpredictable as courts continue to grapple with the application of decades-old privacy statutes to new tr...
Judges and Judiciary, Ethics/Professional Responsibility
The perils of politics
By David Rosenberg
Attorneys – as ambassadors of the courts, please work to help educate others on the importance of judicial independence and ke...
Technology
Artificial “intelligence” or Hal 9000 goes to law school
By Paul R. Kiesel, Jeffrey A. Koncius
There is no doubt that AI is an amazing tool with great promise. And while it is fun to ask for all sorts of things from these...
Entertainment & Sports, Contracts
The Tua contract was about more than his playing abilities
By Frank N. Darras
Were the Dolphins locking in Tua because he may have a career ending sickness or injury in the future and the team already pur...
Entertainment & Sports
Stream it Tonight! Marriage Story (2019)
By Michael Asimow, Paul Bergman
The movie amply illustrates the emotional wreckage that the adversarial divorce process leaves in its wake.