California Supreme Court
California Supreme Court Review: October 2023
Two cases are pending before the California Supreme Court: One involving the learned intermediary doctrine; the other whether ...
Construction, Administrative/Regulatory
There are far too many cases in which the Contractor’s State License Board has wrongly failed to suspend related licenses, ins...
State Bar & Bar Associations, Legal Education
For those interested in statistics, the median test taker’s score has declined by about one-third of a standard deviation. Whe...
Torts/Personal Injury
Why LA County’s talc litigation misses the mark
LA County’s talc litigation represents a colossal waste of taxpayer-funded time as public lawyers collaborate with private pla...
Alternative Dispute Resolution
Mediation preparation and negotiating strategies
“Sell” your case in the brief and impress the mediator with your grasp of the facts and law. Do not rehash obvious legal princ...
Tax, Labor/Employment
The credit’s popularity unwittingly resulted in an uptick of ERC scamming companies that persistently misinform taxpayers of t...
International Law, Family
A view from The Hague
Although The Hague Convention is not a topic we deal with every day, the core values of the Convention are topics that we deal...
Technology, Alternative Dispute Resolution
Human mediators have their own personal life experiences and in almost all cases, a successful outcome hinges on the parties f...
Intellectual Property, Consumer Law
E-commerce platform liability for trademark infringement
As online shopping continues to surge, nonparty e-commerce platforms can be held liable for helping merchants sell and adverti...
Ediscovery, Alternative Dispute Resolution
Mediating E-discovery can save time and money
While e-discovery mediation can take many different forms depending on the scale and complexity of the discovery dispute, ther...
Technology, Labor/Employment
Five ways AI will change the workplace of the future
Employers may see the trade-off as an opportunity to trim budgets by eliminating jobs that can be done faster and cheaper by A...
Constitutional Law, Civil Rights
Chino Valley Unified School District’s policy and other similar ones target transgender and nonbinary students, in violation o...
State Bar & Bar Associations
The State Bar Board of Trustees recently approved and staff have submitted to the Supreme Court for its review several import...
Technology, Intellectual Property
The intersection of AI and trademarks may include rights holders seeking to select marks using machine- generated output, uses...
Judges and Judiciary
FACTS
It is redundant to refer to facts as true. It is illogical to refer to facts as false. If they are false, they are not facts. ...
Family
California considers custody of children as a matter of public policy. It is closely legislated and diligently enforced. As a ...
Labor/Employment
The new law requires virtually all employers to implement a workplace violence prevention plan by July 1, 2024, and expands th...
Torts/Personal Injury, Letters
Many trial lawyers did not see an end to fair and just jury verdicts. Instead, we realized that trial lawyers needed to stop r...
Constitutional Law, Civil Procedure
Come fly with us – if it’s not moot
Voluntary cessation in No-Fly-List cases: Will the Supreme Court let a more lenient standard for the government fly?
U.S. Supreme Court, Admiralty/Maritime
The U.S. Supreme Court should seize the opportunity to adopt the Restatement with respect to maritime contracts.
Technology, Intellectual Property
The discourse surrounding generative artificial intelligence tools, including those that imitate celebrities’ vocals, has prim...
State Bar & Bar Associations
Part 3 – Money laundering and other illegal activity
There are steps you can take to proactively protect yourself from clients seeking to exploit you and your CTA for nefarious pu...
Litigation & Arbitration, Civil Procedure, Civil Litigation
“New-clear” verdicts – don’t blame the jurors
It’s easy for the defense to see large verdicts as the result of vindictive, angry jurors. But this ignores the fundamental co...
Government, Cannabis, Administrative/Regulatory
These three cannabis bills are meant to encourage participation in, and the lawful operation of, the licensed market by increa...
U.S. Supreme Court, Land Use, Constitutional Law
In September, the U.S. Supreme Court said it will consider expanding the Nollan/Dolan test for exactions on legislative...
Health Care & Hospital Law, Government, Civil Rights
California must invest in community mental health services and housing – with input from people with lived experience of menta...
Insurance, Contracts
Wildfires spark challenges within the insurance market
There is no easy solution and there are competing interests creating a constant political “tug of war.” Only time will tell ho...
Judges and Judiciary
Your son needs to know that his dad was a hero
An open letter to the widow and son of murdered Family Law Judge Andrew Wilkinson of Hagerstown, Maryland.
Letters
Every other jurisdiction has in place a version of American Bar Association Model Rule 8.3, and California’s rule includes the...
Technology, Intellectual Property
Because of the way that streaming services compensate artists, there is a real concern that a flood of AI-generated content wi...