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Columns

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California Supreme Court


The State Supreme Court’s major civil decisions in the last twelve months seem to underscore an overall bent on the parts of a...


Alternative Dispute Resolution


Parties involved in construction defect or business contract litigation tend to look for male mediators, but they should consi...


Technology, Administrative/Regulatory


The Artificial Intelligence Act, which will come into force early next year, is the most significant attempt to design a compr...


Alternative Dispute Resolution


Mediations are rarely smooth sailing, and sometimes one side may appear incapable of moving toward the middle. Here are five s...


California Gov. Gavin Newsom has publicly referred to the state’s treatment of its native population as genocide, and Presiden...


Ascertain the preferences of the particular judge or court to whom your brief will be submitted prior to deciding whether to u...


Labor/Employment, Contracts


Sam Altman’s termination (and reinstatement) as CEO of OpenAI is a case study in the perils of “at-will” employment and avoidi...


In these hyperpartisan times there's a temptation to criticize censorship only when exercised by the opposite political party....


Evidence, Civil Litigation


The iconic image of the blindfolded lady represents the promise of unbiased administration of justice. That promise has never ...


In first-to-file jurisdictions, so-called “trademark pirates” often race to the Trademark Office to file applications for exis...


Letters


If the First Amendment will not protect us, then our reaction to the Congressional testimony, the withdrawing of funding to un...


The news coverage after Charlie’s passing gives me an appreciation of what a class-act he was.


NAACP stands at the combustible crossroads of race, law, and elections, with some lauding it as a well-founded correcti...


Alternative Dispute Resolution


A brief that demonstrates that the lawyers have prepared their case such that they will be able to present it to a jury in a <...


With AI, the legal profession is currently undergoing its most substantial and significant metamorphosis since the first lawye...


Though older records are sparse, it might well be that there have never been so many people taking on an incumbent for a Los A...


Litigation & Arbitration


Although non-disparagement clauses are currently under a magnifying glass due to their historical potential for abuse, they re...


Constitutional Law


A new McCarthy era

Dec. 11, 2023

It is easy to imagine situations in which the advocacy of genocide can be punished as incitement or true threats or harassment...


Law Practice


In the 1950s, African American architect Paul Revere Williams, who overcame intense racial discrimination to become the “Archi...


One way to avoid winding up on the “Naughty” list this year is to treat opposing counsel and adversaries with the civility req...


An organization born from rejection accomplished a lot of legal successes.


Torts/Personal Injury, Civil Litigation


What does the future hold for Nuclear Verdicts®️? Unfortunately, if nothing is done, they will get worse


A year after the infamous Ticketmaster crash, the U.S. Justice Department is once again ramping up its investigation into Live...


Year in Review Column, Civil Litigation


The California Courts of Appeal issued a substantial slate of precedential anti-SLAPP decisions in 2023, many of which helped ...


Securities, Corporate


Why a sound business strategy, investor engagement, and strong leadership are the best defense against activism.


Civil Procedure, Civil Litigation


A new conflict of law

Dec. 6, 2023

Interstate conflicts will play out in venue transfer motions, decisions on choice of law, motions to enforce sister state judg...


If the Court looks to history and evaluates the common understandings of the Founding generation, it should find these attempt...


The legal profession has become increasingly interested in using generative artificial intelligence (AI) in the practice of la...


Judges and Judiciary


A flicker of hope?

Dec. 4, 2023

We all know that A.I. can call up so many more items of information than any human brain can. Some responses to my past column...


Year in Review Column, Torts/Personal Injury


The proliferation of claims and the increase in damage awards has increased the cost of insurance, putting additional financia...