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Section 377.34 now allows recovery for pain, suffering, and disfigurement damages in survival actions filed between Jan. 1, 20...


Alternative Dispute Resolution


Acceptance, rather than control, is the key to shifting from an adversarial stance to a cooperative one in resolving disputes.


Environmental & Energy, Class Action


Businesses that fail to comply with new disclosure laws may face lawsuits from consumers who allege that they have been misled...


Civil Litigation


The lower life expectancy of certain groups, such as Hispanic males, can affect the economic value of life care plans and othe...


The California Supreme Court ruled that trial courts cannot dismiss PAGA claims solely for manageability reasons, but they can...


Wills, Estates & Trusts, Alternative Dispute Resolution


Estate disputes can be emotionally and legally complex. A mediator can help parties find a satisfactory resolution by listenin...


Securities


The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission...


Alternative Dispute Resolution


Damages are often the most difficult and overlooked aspect of mediation. Parties should analyze them early and realistically.


Civil Procedure, Civil Litigation


The Advisory Committee on Civil Rules is accepting public comment on Proposed Rule 16.1, which aims to streamline and improve ...


Instead of automatically applying McDonnell Douglas to disability discrimination cases, both courts and counsel should ...


Deepfake culture, the First Amendment and child pornography legislation are still at odds, but the proliferation of AI content...


It would be premature to label AI a danger to the legal profession or useless altogether. While we should not blindly cite ima...


Technology


Here are two awkward moments that occurred at the Music Center in Los Angeles. I could have been arrested.


Prevailing payment bond sureties, even if defended by their principals pursuant to a defense and indemnity agreement, are enti...


For four years every cadet at West Point refused to acknowledge his presence. At his 1936 graduation, General John J. Pershing...


US Department of Labor rule changes slated to go into effect March 11 are sure to have a significant impact on businesses acro...


In light of the ongoing confusion surrounding the definitions of “arise” and “accrue” for purposes of applying the EFAA’s arbi...


Alternative Dispute Resolution


Disclosure is required whenever a reasonable, informed person could entertain doubts about the arbitrator’s impartiality.


While the revised Rule does not address incivility within organizations, it is important to note that lawyers who are uncivil ...


Evidence, California Supreme Court


Gray areas

Jan. 31, 2024

The recent People v. Gray decision has the potential to significantly dilute the predictability that comes from the bri...


Securities, Corporate


The badge of unicorn requires more than just a lofty idea and a hint of innovation, it demands revenue numbers that can be tra...


Evidence, Constitutional Law


In the free-speech zones

Jan. 30, 2024

The issue in Camenzind v. California Exposition & State Fair was "whether, under either the First Amendment or the ...


Labor/Employment, California Supreme Court


Unmoved by the employers’ argument that its holding would rob courts of their “full toolbox” to ensure judicial economy, the C...


Criminal


Penal Code Section 654

Jan. 29, 2024

How to determine whether multiple counts arise from a single act and from an individual course of conduct, the applicability o...


With the passage of AB 2773, advocates argue that the new law will help protect citizens who are disproportionately impacted b...


Civil Rights


The womb on trial

Jan. 26, 2024

The significance of laws banning abortions even in the cases of rape or incest cannot be understated – these laws put women an...


Law Practice


Eppur si muove

Jan. 26, 2024

It takes courage to settle cases. Often parties must change course after confronting uncomfortable facts which differ from wha...


Unless counties invest in creating healthy and vibrant well-funded public defender offices, caseloads balloon and defenders le...


A public institution as large as the Los Angeles County Superior Court includes tremendous responsibilities, and needed an A-G...


Alternative Dispute Resolution


For a law intended to facilitate settlement of disputes, Section 998 has fostered more than its share of perplexity among prac...