Environmental & Energy, Administrative/Regulatory
While SB 253 and SB 261 are similar to the Securities and Exchange Commission’s (SEC) proposed emissions disclosure rules that...
State Bar & Bar Associations
Part 2 – Internal and external threats
The most common ways your Client Trust Accounts may be compromised from both internal and external sources, and how to help pr...
Technology, Expert Advice
Unraveling the unscrupulous expert witness through AI
How AI technology is transforming the legal landscape and holding unsavory experts accountable.
Alternative Dispute Resolution
Is arbitration truly cost-effective?
Arbitration may not be perfect, but it can provide significant value to litigants and the judicial system overall, taking burd...
Family, Criminal
Domestic violence restraining orders based on disturbing emotional calm should be subject to a reasonableness standard.
State Bar & Bar Associations
Rule 8.3 has the right intent, and one must not fault the powers that be for trying to take a meaningful step to curb unethica...
U.S. Supreme Court, Alternative Dispute Resolution
The issue might sound like a geeky question of statutory interpretation, but it has substantial real-world implications for wo...
Government, Civil Rights
The state has enough tools to address our homelessness crisis without seeking the Supreme Court's intervention to allow for ci...
State Bar & Bar Associations
Client Trust Accounts, Part 1 - The basics
Attorneys have a duty to perform legal services with competence, which includes a nondelegable duty to oversee and properly ac...
Judges and Judiciary
Apart from a discovery sanctions motion, it is difficult to imagine when a court would be the proper tribunal for Rule 8.3 rep...
Ediscovery, Alternative Dispute Resolution
Addressing the common objection that a question “calls for a fishing expedition,” the court in Norton v. Superior Court (1994)...
Technology, Constitutional Law
The Solicitor General argues that allowing for content-moderation would impermissibly allow States to “enhance their citizens’...
Environmental & Energy
The scale of the Inflation Reduction Act funding and its potential positive impact on communities is extraordinary. But many o...
Real Estate
Hopefully, stricter lending standards since the Great Recession mean commercial real estate lenders will not realize significa...
Labor/Employment
The militant labor roots of this "Striketober"
Workers are now more ready to strike than they have been in recent decades. In addition, younger and more activist leaders are...
Family
Contrary to the globalization of communication, education, and trade, there is no universal definition or acceptance of “Major...
U.S. Supreme Court, Constitutional Law, Civil Rights
Redistricting is too often manipulated to discriminate against communities of color, advantage one political party over anothe...
Family, Contracts
Why would the spousal support waiver be unenforceable when the rest of the prenuptial agreement is enforceable? The answer lie...
Evidence
How to do things with words
Verbal acts are generally not hearsay because these statements have actual effects and are therefore generally not introduced ...
Constitutional Law
Who gets to punish members of the National Guard?
Health Care & Hospital Law, Administrative/Regulatory
CARE Court, an acronym for Community Assistance, Recovery, and Empowerment, aspires to help those diagnosed with schizophrenia...
Family, Criminal
Contrary to what we see on television, there is no waiting period to report a missing person. This includes a child that is il...
California Supreme Court
California Supreme Court Review: September 2023
Recent decisions have expanded potential liability under the California Unfair Competition Law and the California Fair Employm...
Judges and Judiciary
Queasy as ABC (Appellate Bias Committee)
Raising issues of judicial or court bias is understandably uncomfortable, especially for those who have to continue to live an...
Labor/Employment, Contracts
Did the perfect storm of general labor changes, economic distress, and a protracted strike create fair winds for the WGA to re...
Judges and Judiciary
Times, they changed
Many decades ago, judges were more guarded about who they truly were as human beings. Today most are more willing to reveal th...
Administrative/Regulatory
From the start, the PPP loan program was destined for problems. Speed was prioritized over security, and conscious choices wer...
Securities, Administrative/Regulatory
New SEC rules create industry chaos
While the industry watches and waits for the outcome of the lawsuit filed by six trade associations against the SEC, private f...
Intellectual Property, Administrative/Regulatory
What practitioners need to know about the Google trial
The Google case is historically significant as the first major antitrust challenge against a tech company in over two decades,...
Administrative/Regulatory
A better solution than resurrecting SB 662 is on its way
If professional court reporters will not be producing the transcripts from recordings of court proceedings and gig transcriber...