Government, Banking
Crypto turf battles await legislative resolution
Just as the SEC has been wrangling securities rough riders, the CFTC has been actively rounding up commodities violators.
Law Practice, Appellate Practice
Expert depositions in preparation for trial
Assuming you determine you cannot exclude an expert’s testimony, your next effort can be to attempt to weaken the foundation o...
Real Estate, Government
Closing a habitability exclusion loophole
The 24th & Hoffman court was unpersuaded by either Saarman or Conway, declining to follow those non-binding cases.
Native Americans, Family
The Indian Child Welfare Act is what’s best for kids
Placement with extended family and other caregivers identified by the Indian child’s Tribe maintains a network of familiar rel...
Insurance
Proving liability in “slip and fall” cases
Only a few cases are brought to trial, and the average settlement for injuries due to a slip and fall on land owned or possess...
Civil Litigation
While there are plenty of defense organizations that do a great job disseminating information and bringing defense lawyers tog...
Law Practice, California Supreme Court, Appellate Practice
In Siry Investment, I.P. v. Farkhondehpour, S262081, the California Supreme Court determined that a plaintiff may seek treble ...
Law Practice, Appellate Practice
Seeking a settlement frame of mind
Often it is helpful to stress the fact that what actually happened in your case – or in any case – doesn’t make any difference...
Technology
The humans win round one
Predictably, the widespread use of AI has led to numerous complex legal issues.
Government
California as a safe haven for red-state women
Under current California law, a woman only has to be present in the state and fleeing from domestic violence in order to seek ...
Litigation & Arbitration, Constitutional Law
Recent SCOTUS opinions on arbitration statutes
Absent truly ambiguous text, public policy arguments appear to be taking on a diminishing role. Then again, so has stare decisis.
Real Estate, Government, Environmental & Energy
Take a sober look at California's worst-in-the-nation poverty rate and the shameful fact that the vast majority of our poor ar...
Law Practice, Appellate Practice
While “cash is king” and it is beneficial to be paid by someone who owes you money, you must recognize that under certain circ...
Education Law
It’s time for a name change at UC Hastings
Should AB 1936 pass and be signed by Governor Gavin Newsom, it will remove the taint of association with Serranus Hastings but...
Health Care & Hospital Law
The reality is that most people never hear about deceitful marketing practices or other bad acts of companies that put out dan...
Government
Why I love democracy and you should too
Democracy should be coveted for the equal opportunity it affords its citizens, but also for its track record of success.
Education Law, Civil Rights
The simple truth is that employers who create diverse and inclusive workplaces get sued less – and fewer claims mean lower leg...
Technology
No one can dispute that the internet is a fundamental part of community life.
Family
The current iteration of SB 1279 simply refers to a “person who lacks legal capacity to make decisions” rather than referring ...
Family
Introduction to Powers and Duties of Guardians Ad Litem
This article is intended to assist judges and practitioners in understanding when, how, and why to apply for appointment of a ...
Torts/Personal Injury, Land Use
Recreational land use immunity
By enacting Section 846, the legislature did not intend to immunize landowners from all liability for permissive and nonpermis...
Family
Law Practice, Appellate Practice
“Harvard to Hashtag” is a must-read for anyone thinking of starting or growing a law firm.
Ediscovery, Civil Litigation
SB 1149 forbids protective orders and confidential settlement agreements in any litigation involving alleged product defects o...
Litigation & Arbitration
The testimony of even the most well-prepared witness may prove useless – or worse, problematic – unless the advocate listens a...
Law Practice, Appellate Practice
Trial prep in 16 “easy” steps
Some lawyers make the mistake of focusing their entire trial preparation on the jury, and make the mistake of forgetting the j...
Law Practice, Government, Appellate Practice
Top twelve approaches for a better America
One of the extreme threats not only to our economy but to our physical safety is our return to dependence upon some pretty dan...
Technology, Judges and Judiciary, International Law
Stochastic Gradient Descent
Unlike your country, which has been slow to accept the gifts of big data and artificial intelligence (I still smart at that us...
Land Use
No liability for trivial defects in sidewalks
Whether a defect is trivial or not is determined by looking at all of the facts of the particular case.
Civil Litigation
The time is ripe for courts to take a new look at jurisdictional issues involving national corporations. The business landscap...