Alternative Dispute Resolution
The importance of mediation briefs
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 <...
Technology
AI is the new kid in town, but use caution
With AI, the legal profession is currently undergoing its most substantial and significant metamorphosis since the first lawye...
Criminal
The race is on for LA County DA – and in greater numbers
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
It is easy to imagine situations in which the advocacy of genocide can be punished as incitement or true threats or harassment...
Law Practice
Two artists, two visions, one courthouse
In the 1950s, African American architect Paul Revere Williams, who overcame intense racial discrimination to become the “Archi...
Military Law
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
Antitrust & Trade Reg.
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
Preparing for activism after it arrives is too late
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
Interstate conflicts will play out in venue transfer motions, decisions on choice of law, motions to enforce sister state judg...
U.S. Supreme Court, Constitutional Law
If the Court looks to history and evaluates the common understandings of the Founding generation, it should find these attempt...
Law Practice
AI in legal practice: New California Bar guidelines
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?
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...
Alternative Dispute Resolution
How to select a mediator in three easy steps
It’s relatively easy for lawyers to determine the level of a prospective mediator’s knowledge of the territory. But be careful...
Evidence
The little hearsay exception that couldn’t
A recommendation to recognize an exception to the hearsay rule for a present sense impression lacked support, and § 1243 never...
Technology, Corporate
Great governance holds the key to “good” AI
In assessing AI’s data and functionality and its intersection with current and future regulatory compliance, it is important f...
State Bar & Bar Associations
Beginning with reporting year 2025, all attorneys must complete one hour of continuing legal education in use of technology in...
Year in Review Column, Securities
In the SEC’s last fiscal year alone, the SEC’s Office of the Whistleblower received a record 18,000 tips (or approximately 70 ...
Family
Guide to Family Court “Buzzwords” (Part 2)
The purpose of this guide is to provide an instant definition of most of the common terms and “buzzwords” heard in a Family La...
State Bar & Bar Associations, Letters
In order to better serve the public, why doesn’t the State Bar turn its attention to partnering with the local bar association...
State Bar & Bar Associations, Letters
The statement that “everyone’s against it” is false. The State Bar staff report clearly states that 84% of the public support ...
Tax
New IRS guidelines to thwart unsubstantiated ERC claims
In response to unlicensed credit promoters failing to substantiate ERC claims, the IRS announced new guidelines for reviewing ...
Judges and Judiciary, Family
Guide to Family Court “Buzzwords” (Part 1)
The purpose of this guide is to provide an instant definition of most of the common terms and “buzzwords” heard in a Family La...
Insurance
Opportunities for insisting on independent counsel
Although the court's holding in Long v. Century Indemnity Co. had to do with whether Long's suit was subject to mandato...
Constitutional Law
Bump stocks, machine guns, and the rule of lenity
A brief submitted by the Pacific Legal Foundation focused on the “rule of lenity,” a doctrine that requires resolving ambiguit...
Letters, Family
The Emperor Has No Clothes (in family law)
A system of justice that adds years to the emotional injury of divorce litigation, where justice is delayed and fractured, whe...
Labor/Employment, Construction
Strategies for minimizing exposure under California Labor Code Sections 218.7 and 218.8.