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Government, Constitutional Law

Trump, king of the jungle: Power without limits

Jan. 16, 2026
By William Rothbard

Trump's claim that only his own morality limits his power echoes Nixon's infamous logic--and reflects a presidency increasingl...


Despite strong diversity policies and research like the Justice Gap Study, the State Bar largely protects wealthy civil client...


The start of a new year offers a timely reminder: maintaining perspective is essential for attorneys and firm leaders working ...


Generative AI may be transforming the world, but arbitrators remain notably cautious, if not resistant, to letting it into the...


Tariffs and the definition of art

Jan. 16, 2026
By Simon J. Frankel

Long before today's trade wars, tariff disputes helped shape the legal definition of art--forcing courts to draw lines between...


In California, plaintiffs alleging sexual misconduct must clear high procedural and substantive hurdles to litigate anonymousl...


Successful settlement conferences depend on often-overlooked fundamentals like timing, case knowledge and preparation--includi...


Mediating executive termination disputes

Jan. 16, 2026
By Mark S. Zemelman

Executive terminations carry unique risks for both companies and individuals, but a skilled mediator can help parties navigate...


Cultural awareness allows lawyers to do more than resolve disputes--it helps clients feel understood in the process.


Technology, Intellectual Property

AI lawsuits shift from copyright to human harm

Jan. 15, 2026
By James Rubinowitz

As courts move past IP disputes, the next wave of AI litigation is turning toward real-world harms--and testing whether tradit...


Constitutional Law, 9th U.S. Circuit Court of Appeals

A divided 9th Circuit wrongly extended First Amendment protection to a University of Washington professor's offensive, non-ped...


Be Proactive: State Bar recommendations for trust account compliance

Jan. 15, 2026
By Steven Moawad, Jennifer Stalvey

With trust account compliance reviews expanding in 2026, now is the time for California attorneys to adopt stronger recordkeep...


While FEHA already provides for fee recovery, an offer to compromise remains a powerful, underutilized tool that can bolster p...


International Law

For Iranians, U.S. foreign policy isn't just unpredictable--it's dangerous, as shifting statements and unclear signals from Wa...


Intellectual Property, Constitutional Law

Trademark not proven: Court sides with Villaraigosa in slogan spat

Jan. 14, 2026
By Jane Shay Wald, Erick Franklund

A California federal court's rejection of a trademark claim over "PROVEN PROBLEM SOLVER" highlights that the Lanham Act offers...


Ethics/Professional Responsibility, Administrative/Regulatory

SB 37 redefines "truthful and not misleading" for an era when AI, vendors and influencers often blur the line between real leg...


Obituaries

Robert K. Tanenbaum's life--spanning courtroom triumphs, public service and bestselling novels--offers a blueprint for lawyers...


Year in Review Column, Wills, Estates & Trusts, Probate

Top 5 trusts and estates cases of 2025

Jan. 14, 2026
By Ciarán O’Sullivan

Five 2025 appellate rulings that trusts and estates practitioners need to know, from reformation petitions and elder abuse lia...


Military Law, Constitutional Law

From Nuremberg to My Lai, the "just following orders" defense has failed in U.S. and international law. So, when must servicem...


A recent Court of Appeal decision in a wage and hour case offers employment attorneys a comprehensive guide to statutory wage ...


Civil Litigation

Rising government risk exposes cracks in public liability funds

Jan. 13, 2026
By Yosi Yahoudai, Arthur Dermendjian

As multimillion-dollar payouts for police violence, infrastructure failures and civil rights violations surge, California's pu...


Technology, Ethics/Professional Responsibility

Artificial intelligence and other tech innovations are reshaping the legal profession. Lawyers who fail to stay current risk e...


Entertainment & Sports

A series of antitrust defeats has left the NCAA unable to enforce its own eligibility rules, fueling a bidding war for top ath...


California's jails are filled with people struggling with mental illness and addiction. At a recent Hoover Institution symposi...


Civil Rights

Jeffrey Epstein exploited more than 1,000 victims, according to a 2025 DOJ review. But like Shakespeare's Ophelia, they're hea...


Environmental & Energy, Constitutional Law

California's highest court will decide in Bring Back the Kern v. City of Bakersfield whether a statutory duty to protec...


Criminal

Defending mentally ill defendants brings unique legal challenges

Jan. 12, 2026
By Dmitry Gorin, Alan Eisner

Representing a criminal defendant with serious mental illness presents unique challenges--especially for private counsel, who ...


Immigration

As global demand for digital creators surges, the O-1B visa offers non-U.S. influencers a powerful path to live and work in th...


Construction

Construction Corner: 'Mean Tweets' edition

Jan. 12, 2026
By Garret D. Murai

In Paglia & Associates Construction v. Hamilton, a homeowner's critical Yelp reviews and blog posts about her con...


Litigation & Arbitration

Real-world mediation advice from general counsel

Jan. 9, 2026
By David R. Shraga

General counsel bring unique insight to mediations based on what they've seen work--and fail. Recognizing what in-house counse...