Ethics/Professional Responsibility
Beyond "Sí": From a translated conversation to an informed decision
By Ashley L. Ramirez
A Spanish-speaking client's "sí" does not always mean informed consent. California lawyers must ensure clients understand thei...
Carefully sequenced cross-examination and a well-timed closing argument can help jurors recognize decisive facts and reach con...
Environmental & Energy
The true scope of Prop. 45's changes to environmental protection
By Daniel P. Selmi, Julia E. Stein
Proposition 45 would go beyond streamlining environmental reviews by weakening protections for large development projects, res...
Ethics/Professional Responsibility
Can a party get away with using an AI attorney? Sometimes!
By George A. Acero
As AI advances and remote appearances become routine, California cases involving unlicensed lawyers suggest that even discover...
Civil Procedure
Denial of a Section 230 motion to dismiss: Appealable?
By Ryan E. Long
Section 230 is no "never go to jail" card. A 9th Circuit ruling bars immediate appeals of denied Section 230 dismissal motions...
The ongoing epidemic of gun violence in America, compounded by expanded gun rights and protections for firearm manufacturers, ...
Law Practice
Big Law, small opportunities? The case for plaintiff-side practice
By Kristopher L. Peerali
Plaintiff-side personal injury practice offers lawyers transitioning from Big Law more opportunities to gain hands-on litigati...
Tax
Propositions 41 and 42: Bad ideas that threaten to hurt all Californians
By Brian Galle, David Gamage
Propositions 41 and 42 appear to offer technical reforms, but their provisions are designed to undermine the billionaire tax a...
Alternative Dispute Resolution
Ending Forced Arbitration Act: Where sexual assault and harassment claims stand
By Anthony J. Oncidi , Hayden F. Bashinski
Plaintiffs' attorneys are stretching the EFAA beyond its intended purpose to evade otherwise enforceable arbitration agreement...
Labor/Employment
The algorithm will see you now: How to avoid creating an evidence engine for PAGA claims
By Marjorie Soto Garcia, Andrew Turnbull
Employers own the outputs of the AI tools they deploy. They should audit those tools before errors replicate across every shif...
Labor/Employment
California's new AI employment law doesn't create a CCPA safe harbor
By Aaron Plesset
Employers preparing for California's "No Robo Bosses" law should understand why having a manager review an AI-generated employ...
Labor/Employment
California courts can't solve the interpreter shortage without pay parity
By Eunji Averill
California courts must address pay disparities for staff interpreters to stem workforce shortages, reduce reliance on costly c...
Law Practice
After the conference: Turning an expense into an investment
By Thomas Riebs
The International Bar Association's conference is over. Whether it was an expense or an investment depends on the next 30 days...
Constitutional Law
The right to vote is everyone's business, especially lawyers
By Terry B. Friedman
Lawyers have a duty to protect the rule of law. Encouraging voter registration and participation offers simple, tangible ways ...
Tax
How long can you stay in California without becoming a tax resident?
By Mohan Ananda
California does not impose a universal 183-day residency rule, nor does it guarantee nonresident status for stays under nine m...
Letters
The International Criminal Court: Why American exceptionalism is no defense
By Zacharias N. Tripodes
U.S. opposition to the International Criminal Court reflects political interests rather than legal principles, undermining int...
California's Proposition 45 promises faster development, but critics warn its fine print could gut environmental protections, ...
Torts/Personal Injury
Sepsis: America's silent killer--and why I was one of the lucky ones
By Gregory L. Bentley
When sepsis goes undetected, the consequences can be catastrophic, raising questions about whether the failure lies with medic...
Environmental & Energy
The Forest Service Roadless Rule, revisited
By Elisabeth Esposito, Mary Loum
What 17 states' opposition to the rule's proposed rescission signals for the road ahead.
U.S. Supreme Court, Environmental & Energy
Climate change on trial: Can oil companies escape state court?
By Erwin Chemerinsky
Federal law does not preempt state tort suits against energy companies for their role in climate change. Yet Supreme Court ora...
A powerful appellate reply brief turns opposing counsel's arguments against them, delivers the final word and gives the court ...
Real Estate/Development
LA28 and fan zones: The gold standard for experiences outside Olympic venues
By Paul C. Levin
Fan zones may feel spontaneous, but they require careful planning. LA28 organizers should address zoning, broadcast rights, se...
Construction
Prevailing wages, unexpected bills: Two lessons from Nabors
By Garret D. Murai
Mistakenly treating a project as exempt from prevailing wages can leave contractors facing increased costs. Nabors prov...
Constitutional Law
When everyone becomes a suspect: The constitutional danger of surveillance without suspicion
By K. Chike Odiwe
A San Jose ruling raises a constitutional question: When does public observation become comprehensive surveillance? Collecting...
Immigration
When immigration detention affects more than the person in custody
By Lauren Cusitello
Immigration detention can devastate families and communities beyond the person in custody, underscoring the need for attorneys...
Intellectual Property
Cubs win in court, lose in playoffs: Permanent injunction precedes elimination
By Erick Franklund
In May, a federal judge greenlit the Cubs' claims against a neighboring rooftop bar profiting from views over left field. On S...
Labor/Employment
Feeling the heat: Investigations of menopause-related accommodation complaints
By Christina Ro-Connolly, Lauren Numeroff
Menopause-related accommodation complaints do not require a new investigative approach, but they can present sensitive factual...
Hey judges: Civility is a two-way street
By Socrates P. Manoukian
Any serious discussion about civility must include an examination of how judges, cloaked with the mantle of public trust, mana...
The United States has never consented to the International Criminal Court's jurisdiction over Americans, and that is not a clo...
Criminal
The dangerous consequences of a public military execution
By Allan Lee Dollison
Drawing on his military service in Afghanistan, a former Army officer argues that publicly livestreaming the execution of Fort...