Litigation & Arbitration, Alternative Dispute Resolution
Mediating the impossible: dealing with difficult personalities
By Elizabeth A. White
Government, Criminal
The coming prosecution of Donald Trump
By Paul N. "Pete" McCloskey
The recently published report of the Jan. 6 committee includes sworn testimony that strongly supports a criminal prosecution o...
State Bar & Bar Associations, Criminal
State Bar admits it failed - badly
By Hailyn J. Chen, George Cardona
We are speaking openly about the State Bar’s mistakes to underscore our deep commitment to being both transparent and accounta...
Expert Advice, Alternative Dispute Resolution
A forensic neutral and how to use them effectively
By Daniel B. Garrie, Charles Margines
Forensic neutrals play an essential role in safeguarding the accuracy and impartiality of investigations.
Technology, Intellectual Property
Determining human creative control in AI-generated works is futile
By Elizabeth Rothman
AI systems are challenging traditional notions of authorship and creativity and denying copyright protection to these works so...
Civil Rights
Gideon’s 60th anniversary: defending indigent clients is a public good
By Nirej Sekhon, Hadi Razzaq
Public defense benefits the community far beyond the courtroom
Community News, Alternative Dispute Resolution
A pioneer of using mediation, the California legal community celebrates mediation week
By Serena K. Lee
Public education agencies could be liable for pension overpayments
By Alysha R. Stein-Manes, Morgan Johnson
Assembly Bill 1667 holds public education agencies financially accountable for proper reporting compensation to CalSTRS, while...
Law Office Management, Ethics/Professional Responsibility
Moving offices: can you throw out old files?
By Alanna G. Clair, Shari L. Klevens
In deciding how long to keep documents, many attorneys consider the statute of limitation applicable to legal malpractice claims.
Communications Law
FTC likely to issue 6(b) orders to social media companies regarding deceptive advertising
By Jeffrey M. Dennis
When the FTC sought information from the top social media and video streaming platforms, it was simply the next step in the ev...
California Supreme Court, Administrative/Regulatory
California Supreme Court Review: February 2023
By Alexis S. Coll, Jennifer Fisher
Given the pervasiveness of illegal cannabis operations throughout California, the Court's upcoming decision in Wheeler ...
Government
Shareholders demanding that PAC contributions align with corporate values
By Leslie Stern, Michael Dark
There is considerable academic debate over whether corporate political activism has any effect on bottom lines, with some rese...
Few other governors have been as deferential to the parole board as Gov. Gavin Newsom.
Labor/Employment, Antitrust & Trade Reg.
FTC faces criticism of Non-Compete Clause Rule, prepares for legal challenges
By Brette Tannenbaum
A threshold question likely to be presented by any such challenge is whether the FTC can make rules to regulate business pract...
Government, Civil Rights
Punishing doctors for going against scientific consensus is unconstitutional
By Jenin Younes
AB 2098 targets pure speech by explicitly applying to advice. If it were meant only to regulate conduct, there would have been...
Expert Advice, Consumer Law
It still does not take an expert to testify about a vehicle’s defective design
By Rebecca Gilliland
This case - Braverman v. BMW of North America - is an interesting, but narrow case on how the 9th Circuit handles non-m...
Can an AI program commit a fraud? Can it get its human overseers in trouble?
Meinhardt v. City of Sunnyvale highlights the confusion in California law as to what is or is not a judgment.
Health Care & Hospital Law, Government
Our laws must catch up with the rise in fertility clinic misconduct
By Rob Marcereau, Benjamin T. Ikuta
The increase in fertility clinic misconduct not only puts patients at risk, but also undermines the public’s trust in the indu...
Lawyers don’t care much about sealing, because it’s easier to just agree documents are confidential to expedite discovery. Jud...
U.S. Supreme Court, Intellectual Property
A circuit split in copyright law: Will the Supreme Court resolve it?
By Kenneth M. Trujillo-Jamison
Given a circuit split, plaintiffs seeking to recover for infringements occurring more than three years from suing currently ha...
International Law, Intellectual Property
When it comes to trademarks, think globally
By Dana Brody-Brown
We’ve all heard the stories of major brands engaging in costly litigation or settlements to preserve their right to use an est...
Securities
Supreme Court to consider relaxing barrier to securities suits
By Jared L. Kopel
Next month, the Supreme Court will consider whether a direct listing on an exchange eliminates the need for a claim under the ...
While it may be too late to achieve tax relief this year, many investors, business owners and their counsel will be heartened ...
The major concern was that the oath threatened tenure, generally defined as a right to continued employment during good behavi...
International Law
Ending Russian/Ukraine hostilities: Peace must be brokered
By Joseph F.C. DiMento
Ending Russian/Ukraine hostilities: demilitarized zones, international funds, and the benefits of time consuming international...
Ethics/Professional Responsibility
Trauma-informed lawyering is our professional responsibility
By Brenda Star Adams, Sarah Abraham
The neurobiology of trauma is an established science, despite often being cast as junk science. Representing a client who has ...
Law Practice, Appellate Practice
How to avoid undermining your Rule 68 offer
By Natalie F. Price
Timing considerations for Rule 68 offers when summary judgment is pending.
Allegedly conspiring with a gang of local thugs to keep unwanted strangers out of town and concluding that such a conspiracy r...