Admiralty/Maritime, 9th U.S. Circuit Court of Appeals
The Ninth Circuit had to decide whether a statute that prohibits liability waivers for vessels transporting passengers between...
Contracts, Construction
In a case of first impression, the 1st District Court of Appeals in California determined that a project owner’s claim for liq...
The Supreme Court’s decision was unjustified based on the text and the original meaning of the Constitution and undermined the...
Trial can be an instrument of mediation, as it creates pressure and incentives for parties to negotiate and settle.
The Racial Justice Act only applies to cases where there is evidence of exhibited bias, not implicit bias, and the appellate c...
There were 2.8 million Americans who served in Vietnam; 10,000 of them were women.
Corporate, Constitutional Law
The Nasdaq rule does not require boards to have a minimum number of “diverse” directors (as do the California laws), but inste...
Litigation & Arbitration
Trade secret misappropriation claims have become more common and powerful in the last two decades, due to factors such as the ...
Companies that allow employees to use their personal devices for business communications should have effective ‘Bring Your Own...
The NLRB has created a new rule that allows unions to bypass elections and demand recognition from employers based on a majori...
Change permeates all levels of society, including the judiciary, where judges are no longer removed from the real world, but a...
A state appeals court recently instructed a San Diego trial judge to rehear the basis of a traffic stop, and to consider the p...
Labor/Employment, Entertainment & Sports
Despite potential challenges in determining bargaining units and addressing gender discrimination, the ruling signifies a sign...
Both parties should be clear in their understanding and agreement as to what an advance payment is for, and that if it is an a...
Litigation & Arbitration
The litigation privilege protects communications and conduct related to litigation from most tort claims, but it may not apply...
Insurance, Health Care & Hospital Law, Family, Alternative Dispute Resolution
Mediation could have offered a better alternative to litigation, as it could have allowed the parties to create more balanced ...
Some California superior court decisions have held that the PSLRA discovery stay does not apply to securities claims brought i...
The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions,...
Wills, Estates & Trusts
In Haggerty v. Thornton, the Supreme Court followed the dissenting opinion from King v. Lynch -- that any method for revocatio...
U.S. Supreme Court
Edward Blum’s attacks on the philanthropy sector could have serious consequences for the funding of programs that aim to incre...
Private judges can streamline the process and provide more attention to complex cases. However, they also create a two-tier sy...
Mediators sometimes have to deliver unpleasant messages to the parties in a dispute, such as the risks of going to trial or th...
Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threat...
SB 235 aims to reduce delay and litigation costs by requiring parties to disclose certain basic information early in the litig...
Most insurance documents explain how standard homeowners policies in California exclude losses caused by floods or earth movem...
Legal practitioners who oversee cases involving children with disabilities must be aware of the state and federal laws and reg...
Mediation is an art, not a science, and successful mediators need to have a range of skills and abilities.
Alternative Dispute Resolution
Arbitration is a more economical and expedient way to resolve issues than litigation, but the scope of discovery depends on th...
The Act may not deter criminals from using shell companies and may also impose a burden on legitimate businesses and expose th...
Two stories highlight the challenges and failures of the child welfare system, and how families are often separated and trauma...