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Aug. 27, 2026

Bench & Bar: August 27

California's court recording mandate raises more questions than it answers. AI chatbots are landing in discovery -- and courts can't agree on the rules. And in family law, a lis pendens lives or dies by the pleading behind it.



Stories in this week's episode:

California's court recording mandate leaves questions unanswered
The California Supreme Court settled one access-to-justice question in Family Violence Appellate Project -- and opened several more. Megan A. Moghtaderi of Offit Kurman examines what the electronic recording mandate means for hearing-impaired litigants, conservatees, and those who fall between indigence and affluence.

AI chatbots are showing up in discovery: Courts can't agree on what to do about it
Work product or fair game? Federal and state courts are splitting on whether AI-generated litigation materials are protected -- and California practitioners are operating without controlling authority. Fisher and Phillips partner Usama Kahf maps the emerging circuit of decisions and what they mean for discovery strategy now.

A lis pendens is only as good as the pleading behind it
Boilerplate dissolution allegations won't save a lis pendens when a motion to expunge lands. Friedman and Friedman partner Ira M. Friedman and law clerk Alyson Atencio walk through Kirkeby and Gale to show why family law practitioners need to plead the property claim before they record -- not after.

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