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U.S. Supreme Court, Securities

Should SCOTUS cut securities fraud defendants some slack?

Apr. 6, 2023
By Adam M. Apton, Devyn R. Glass

Without a clear mandate, regulations intended to safeguard the public should not be rolled back.


Law Practice

Matters of opinion or taste are not facts

Apr. 6, 2023
By Mark B. Baer

The ability to recognize that your opinion, your perspective, your taste, and your truth is not an objective verifiable and un...


Torts/Personal Injury

Brain injuries can be difficult to detect

Apr. 6, 2023
By Negin Nazi

The importance of recognizing subjective symptoms in traumatic brain injury cases: A perspective from a former defense attorne...


Military Law, Family

A change to the California Family Code that requires attention be given to mental illnesses doesn't go into effect until Janua...


U.S. Supreme Court, Communications Law

During the lengthy arguments some of the justices struggled with what linked Twitter to the perpetrators of the terror attack,...


Legal Education

What exactly is the point of law school?

Apr. 5, 2023
By Chris Arledge

Many of our academic institutions have formal rules protecting free speech. But illiberal or craven administrators often refus...


Torts/Personal Injury, Civil Litigation

How debtors can avoid judgment and deny plaintiffs’ victory in court

Apr. 5, 2023
By Brian S. Kabateck, Hugo Flores

When there is no insurance policy to collect from easily, a plaintiff must act quickly and decisively to ensure payment of the...


Technology, Law Practice

Let’s not replace the lawyers

Apr. 5, 2023
By John J. Kralik

The ChatGPT moment is not the moment when we decide whether a computer can replace the legal profession. That debate is...


Labor/Employment, Government

The tension between the direct democracy and representative democracy is acute, and the fault lines are only becoming more vis...


That grim fact can be an unpleasant surprise to fire victims and seems particularly unfair.


Legal Education, Appellate Practice

The appellate lawyer’s bookshelf

Apr. 4, 2023
By Benjamin G. Shatz

Sure, a lot can be done with online services and the Internet, but aren’t certain books simply essential to have and to hold?


Ediscovery, Contracts, Alternative Dispute Resolution

One popular approach for challenging the validity of employment arbitration contracts is to characterize the discovery limitat...


Rushing to divorce is uncivil behavior. The extended time lag is required for the spouses to contemplate the consequences of d...


Obituaries, Judges and Judiciary

March is the cruelest (cruellest) month

Apr. 3, 2023
By Arthur Gilbert

At judge’s meetings, in fact, at any gathering, when Norm (Justice Norman Epstein) spoke, everyone listened. I remember the fi...


Torts/Personal Injury, Government

California’s dangerous tree trends

Apr. 3, 2023
By Brett Schreiber

The state is under attack by nature itself, and the road to recovery could require plaintiffs to arrive in courts.


Alternative Dispute Resolution

Tips on award writing

Apr. 3, 2023
By Jan Stiglitz

What you write will be read and considered by the advocates and probably someone who works for the employer and the union. The...


Judges and Judiciary

JUDGING BAD GUYS. Part IV: A real world example

Apr. 3, 2023
By Myron Moskovitz

The pressures on state executive and judicial officers charged with the administration of the criminal law are great, especial...


Government, Civil Rights

New Title IX rules will require new approaches to resolution

MCLE
Mar. 31, 2023
By Angela Reddock-Wright

In 2019, the Trump administration rewrote the Title IX rules via a formal rulemaking process. Schools no longer had an affirma...


Torts/Personal Injury, Government, Civil Litigation

The legislature should make the change permanent, because doing so is both just and feasible.


Torts/Personal Injury, Civil Litigation

If kept correctly, the ADL Impact Diary is an attorney-client communication that is 100% privileged and confidential. For this...


Alternative Dispute Resolution

Term sheets and mediator proposals: not always enforceable, but valuable

MCLE
Mar. 30, 2023
By Suzanne H. Segal, Mark Loeterman

A term sheet or mediator’s proposal can be a valuable tool in moving the parties to agreement, even if its ultimate enforceabi...


Real Estate/Development, Government

Los Angeles high-end real estate market may morph itself to avoid taxation

Mar. 30, 2023
By Andrew Schmerzler, Nick A. Jacobus

Much about the Homelessness and Housing Solutions Tax remains unclear – even whether it will survive the current legal challen...


Alternative Dispute Resolution

A Few Good Mediators

Mar. 30, 2023
By Farley J. Neuman, Robert P. Hamilton

While the mediator’s job is not to evaluate the case, the best mediators help the parties adjust their altitudes, bringing the...


Year in Review Column, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

In 2022, the Ninth Circuit’s notable FCA rulings included one interpretation and application of the FCA’s scienter requirement...


Securities

Steering a WKSI through volatile markets

Mar. 29, 2023
By Sara L. Terheggen

Taking the time to make the eligibility determination and prepare the necessary filings will provide a company with the advant...


Technology, Civil Litigation

Effective use of video clips at trial

Mar. 29, 2023
By Olivier A. Taillieu

With the advent of the Internet and smartphones, the availability of video content has propagated exponentially over the last...


State Bar & Bar Associations

The State Bar is proposing significant changes to licensure admission in California. Attorneys should comment by April 10 to v...


Labor/Employment, Data Privacy, Administrative/Regulatory

Companies should benchmark communications and compensation policies in response to the revised Evaluation of Corporate Complia...


State Bar & Bar Associations, Letters


State Bar & Bar Associations

California was an early leader in professionalizing the discipline process with employed full-time discipline prosecutors. The...