Mittal v. Unilever frames a threshold question: when do statements made in the ordinary course of corporate governance ...
Insurance
The disappearing right to independent counsel in cyber insurance
By Richard DeNatale
Insurers routinely deny policyholders the right to independent defense counsel under cyber policies, despite longstanding Cali...
Securities
Opaque loans, inflated values and a lawsuit that could crack private credit
By Daniel Barenbaum, Michael Dark
Amid mounting stress in the opaque private credit market, Burnell v. BlackRock TCP Capital Corp. spotlights investor cl...
Constitutional Law, Civil Rights
The right outcome, the wrong conversation: Olympus Spa and the limits of clinical justice
By Chris Erchull
The 9th Circuit correctly upheld Washington's nondiscrimination protections in Olympus Spa v. Armstrong, but the opin...
Data Privacy
California's 1967 wiretap law is being weaponized against Main Street
By Brandon Reilly
A 1960s wiretapping statute, the California Invasion of Privacy Act, is being stretched to treat routine website tools like co...
Environmental & Energy
California's energy illusion meets the oil shock reality
By Chang Kyoung (CK) Choi, Roberto Escobar
An ongoing oil shock is exposing California's energy vulnerability and the limits of Title 24, which, while improving efficien...
Law Practice
AI in legal writing: a tool for the thoughtful practitioner
By Stella Chang
What was once experimental is now embedded in litigation practice, raising a question for litigators: does AI improve advocacy...
Labor/Employment
Retaliation for mandatory reporting: The need for statutory protection
By William M. Crosby
Employees required to report unsafe or illegal practices in good faith are left unprotected when those same reports become the...
U.S. military interventions are costly and often ineffective, leaving instability abroad while increasing financial, human, an...
Tax, Alternative Dispute Resolution
Do tax dangers lurk in binding term sheets at mediation?
By Robert W. Wood
Even when a mediation ends with a binding term sheet, the possibility that it becomes the only agreement should make you think...
Labor/Employment
Data is the black box of wage and hour mediation
By Leonid M. Zilberman
In wage and hour and PAGA mediations, employer data acts like a plane's black box--both sides analyze it to reconstruct work ...
LA Fires, Insurance
Xactimate is not the law: How insurers use one software program to underpay wildfire claims
By Shant A. Karnikian, Barret Alexander
In California wildfire claims, insurers rely on Xactimate software--often using outdated data and adjustable inputs--to underv...
Alternative Dispute Resolution
Achieving success in complex litigation mediation
By Stuart M. Rice
In complex litigation, successful mediation turns chaos--multiple parties, shifting liability theories, and insurance battles-...
Alternative Dispute Resolution
Navigating sexual abuse mediations: A strategic guide for lawyers
By Janet Rubin Fields
Successful sexual abuse mediation hinges on choosing a trauma-informed mediator, preparing clients thoughtfully, and balancin...
Alternative Dispute Resolution
Attorney-client confidentiality melts away when AI enters the room
By Eydith Kaufman
As attorneys increasingly use AI in mediation, a key federal ruling warns that client use of public AI tools may waive privile...
Alternative Dispute Resolution
How mediators should handle the 'irrational' client
By Robert S. Mann
When an 'irrational' client walks into mediation, the instinct is to push back--but experienced mediators know that managing ...
Alternative Dispute Resolution
Probate mediations: Balancing law, facts and emotion
By Mary Thornton House
Probate mediation stands apart from typical litigation because deeply personal emotions--grief, family conflict, and perceive...
Alternative Dispute Resolution
What should you tell your mediator before the mediation?
By Philip E. Cook
When a hidden impediment surfaces mid-mediation, negotiations can quickly stall; you can avoid that outcome by confidentially...
Alternative Dispute Resolution
A practical guide for clients and attorneys approaching their first mediation
By Michael B. Murphy
Mediation offers a confidential, collaborative, and flexible way to resolve disputes, where preparation, realistic expectatio...
Alternative Dispute Resolution
AI in ADR: Ethical innovation or disruption?
By Vedica Puri
California's push to rein in AI in arbitration could make AAA's AI Arbitrator off-limits, forcing human arbitrators to keep a ...
Labor/Employment, Construction
When it comes to apprentices you are your brother's keeper
By Garret D. Murai
A California appellate decision confirms that ignorance is no defense for prime contractors when payroll records show no appre...
U.S. Supreme Court, Constitutional Law
When professional speech loses its regulatory guardrails and patient protections weaken
By Erwin Chemerinsky
The Chiles v. Salazar decision, despite its 8-1 margin, threatens to upend countless laws protecting patients by castin...
Law Practice, Ethics/Professional Responsibility
Ensuring responsible AI use in legal work without stifling innovation
By Arlety C. Bowman, Regan F. Cucinell
AI adoption is already widespread, making bans unrealistic and strategically unsound; instead, leaders must distinguish value-...
State Bar & Bar Associations, Law Practice, Ethics/Professional Responsibility
Beware attorneys, there be monsters out there
By Ron Mix
From professional acclaim to disbarment, I write from experience about where I went wrong and how others can avoid it.
A fully remote court system is inconsistent with constitutional requirements, would introduce significant practical and admini...
Ethics/Professional Responsibility, Civil Procedure
Attorney fee motions under increasing judicial scrutiny
By Maurice Mandel II
Plaintiffs routinely seek fee awards after a favorable verdict due to exceptions to the American rule, recent cases clarify wh...
Ethics/Professional Responsibility
Don't let others chip away at privilege
By Shari L. Klevens, Alanna G. Clair
In today's world, lawyers face commonplace situations that can easily lead to inadvertent--or reckless--disclosure of privileg...
Insurance, Health Care, Pharmaceuticals, Biotech
Modern medicine, old laws and women caught in between
By Elana R. Levine
Outdated federal law has failed to keep pace with modern medicine and underscores the urgent need for reform to ensure women c...
Torts/Personal Injury, Health Care, Pharmaceuticals, Biotech
Why loosening sedative rules in nursing homes would put vulnerable patients at serious risk
By Edward P. Dudensing
Federal investigators found nursing homes are drugging dementia patients and falsifying diagnoses, even as regulators consider...
Technology, Judges and Judiciary
The horror isn't AI, it's what we're doing without it
By Bridget Mary McCormack
While AI drafting legal prose has raised alarm for some, it serves as a tool to assist judges rather than replace them. The tr...