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Torts/Personal Injury, Government, Civil Litigation

The legislature should make the change permanent, because doing so is both just and feasible.


Torts/Personal Injury, Civil Litigation

If kept correctly, the ADL Impact Diary is an attorney-client communication that is 100% privileged and confidential. For this...


Alternative Dispute Resolution

Term sheets and mediator proposals: not always enforceable, but valuable

MCLE
Mar. 30, 2023
By Suzanne H. Segal, Mark Loeterman

A term sheet or mediator’s proposal can be a valuable tool in moving the parties to agreement, even if its ultimate enforceabi...


Real Estate/Development, Government

Los Angeles high-end real estate market may morph itself to avoid taxation

Mar. 30, 2023
By Andrew Schmerzler, Nick A. Jacobus

Much about the Homelessness and Housing Solutions Tax remains unclear – even whether it will survive the current legal challen...


Alternative Dispute Resolution

A Few Good Mediators

Mar. 30, 2023
By Farley J. Neuman, Robert P. Hamilton

While the mediator’s job is not to evaluate the case, the best mediators help the parties adjust their altitudes, bringing the...


Year in Review Column, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

In 2022, the Ninth Circuit’s notable FCA rulings included one interpretation and application of the FCA’s scienter requirement...


Securities

Steering a WKSI through volatile markets

Mar. 29, 2023
By Sara L. Terheggen

Taking the time to make the eligibility determination and prepare the necessary filings will provide a company with the advant...


Technology, Civil Litigation

Effective use of video clips at trial

Mar. 29, 2023
By Olivier A. Taillieu

With the advent of the Internet and smartphones, the availability of video content has propagated exponentially over the last...


State Bar & Bar Associations

The State Bar is proposing significant changes to licensure admission in California. Attorneys should comment by April 10 to v...


Labor/Employment, Data Privacy, Administrative/Regulatory

Companies should benchmark communications and compensation policies in response to the revised Evaluation of Corporate Complia...


State Bar & Bar Associations, Letters


State Bar & Bar Associations

California was an early leader in professionalizing the discipline process with employed full-time discipline prosecutors. The...


California is a hotbed for “thermonuclear” verdicts, thanks in part to a legal environment that can often stack the deck in fa...


Legal Education

MCLE is a pain, but can be very useful

Mar. 27, 2023
By Garth M. Drozin

Spending time on MCLE’s can feel like eating glass, especially if it is not billable or applies to current caseloads. But the ...


The Taxpayer Protection and Government Accountability Act has gathered sufficient signatures to be placed on the California st...


Technology, Intellectual Property

An important legal question involves the role of federal copyright law and Machine Learning applications. Some have called it ...


Insurance, Ethics/Professional Responsibility

Dangerous myths about malpractice insurance coverage

Mar. 27, 2023
By Hellen Hong, Suma Mathai

Beyond cost, the attorneys surveyed by the State Bar seemed to feel that a malpractice claim just wouldn’t happen to them. But...


Ethics/Professional Responsibility, Ediscovery, Criminal

The crime-fraud exception stems from a letter Trump’s legal team sent to the Department of Justice that was arguably used in f...


Technology, Intellectual Property

Training AI “artists” with copyrighted material is no different than human painters’ access to thousands of landscape oils, wa...


Probate

The Public Administrator’s role in probate matters

Mar. 24, 2023
By Jeremiah Raxter

In addition to the typical duties of an estate administrator, the courts tend to use the Public Administrator in their role as...


Immigration, Criminal

Criminal defense attorneys need to know crimmigration law

MCLE
Mar. 24, 2023
By Georgina Gannon

The Bar doesn’t recognize crimmigration as a specialist area. Without a specialist, attorneys and defendants get stuck between...


Entertainment & Sports, Criminal

Stream it Tonight! Gideon's Trumpet (1980)

Mar. 24, 2023
By Paul Bergman, Michael Asimow

To comply with Gideon, most states have established public defender offices, but they are often drastically underfunded...


Labor/Employment, Entertainment & Sports

Are college athletes employees?

Mar. 23, 2023
By Frank N. Darras

What the newest round of federal court hearings means for student-athletes’ employment status and their colleges.


State Bar & Bar Associations, Law Practice

Several members of the Blue Ribbon Commission missed as many as a quarter of the meetings, and the absenteeism rate was highes...


State Bar & Bar Associations, Law Practice

Commissioners were selected to participate and deliberate the complex issues surrounding the attorney licensure in California ...


Alternative Dispute Resolution

The power of apology in mediation

Mar. 23, 2023
By Steven H. Kruis

Studies show that doctors who give apologies in serious medical malpractice claims pay less to settle their claims compared to...



Technology, Ethics/Professional Responsibility

Given the extraordinary capabilities of artificial intelligence and the much-touted ChatGPT, there will be much thornier probl...


Technology, Litigation & Arbitration

Imagine being able to log into an app on your smartphone to buy and sell different litigation tokens on an unregulated, decent...


State Bar & Bar Associations

Notwithstanding the magnitude of decades-long lawsuits and complaints against Girardi, the consistent failure of the Bar to ...