Technology, Administrative/Regulatory
SB 53: Balancing AI innovation with public safety
By Allison Melendez
Ethics/Professional Responsibility
SB 37: California's new attorney advertising and solicitation rules explained
By Shant A. Karnikian
Consumer Law
AB 931: Regulating litigation funding and fee-sharing
By Brian S. Kabateck
Torts/Personal Injury, LA Fires, Civil Procedure
Challenges of proving standing and causation in California wildfire-related death and illness claims
By Michael B. Murphy
In California, recovery for wildfire-related harm requires both proof of standing and a causal link to the defendant's conduct.
Government, Constitutional Law
Today's gerrymandering arms race shows the need for a national solution
By Trevor Potter
As states wage an escalating redistricting arms race, the only way to stop politicians from handpicking their voters is a nati...
Constitutional Law
There is no COVID exception to the takings clause
By Michael M. Berger
Alford and Pena expose a split over emergency takings: One court says the Fifth Amendment always requires comp...
Government, Constitutional Law
Rethinking representation with an expanded House and Senate
By Norman J. Ornstein
Enlarging the House by 150 members and the Senate by 21 could make Congress more representative, reduce district distortion an...
Ethics/Professional Responsibility
Ethical risks that can silence your best witness
By David M. Majchrzak
Witnesses tell your client's story but mishandling them can write them out of your case entirely. From who you can contact to ...
Constitutional Law
Why America needs a campaign finance constitutional amendment now
By Drew E. Pomerance
With $15.9 billion spent on federal elections in 2024 and bipartisan support growing for reform, a constitutional amendment ma...
Consumer Law, Alternative Dispute Resolution
How consumer arbitrators balance fairness, efficiency and economy
By Delton R. Henderson
Understanding the neutral's perspective can help practitioners achieve better outcomes.
Torts/Personal Injury, Consumer Law
The future of digital damages in the new 'One Rule' era
By Jason Javaheri
Artificial intelligence is creating "digital damages"--from deepfakes to faulty algorithms--and the clash between Trump's fede...
Tax
If you don't receive payment in 2025 but could have, is it 2025 income?
By Robert W. Wood
Constructive receipt determines when income is considered taxable, focusing on whether you have an unrestricted right to payme...
U.S. Supreme Court, Constitutional Law
To restore separation of powers, start with who becomes a judge
By Daniel Schuman
To counterbalance a federal judiciary dominated by former executive branch lawyers who defer to presidential power, the Senate...
Combat veterans carry invisible battlefields of trauma; while the justice system once punished their symptoms, veteran treatme...
Alternative Dispute Resolution
Silencing the whistle? Trade secrets, anti-SLAPP, and the public's right to know
By Jeffrey Kravitz
Silencing the whistle? Trade secrets, anti-SLAPP, and the public's right to know
U.S. Supreme Court, Constitutional Law
The unitary executive needs a legislative counterweight
By Ashutosh Bhagwat, Alan Brownstein
As the Supreme Court moves to expand presidential power by subordinating independent agencies to executive prerogatives, a pro...
Entertainment & Sports
How NIL is clearing legal hurdles and strengthening college athletics
By Frank N. Darras
In 2025, NIL rights transformed college sports, boosting athlete pay, fueling school revenue and reshaping recruitment--benefi...
Signature Resolution is going national with private equity, but its arbitrators largely ignore the law; I urge banning certain...
Ethics/Professional Responsibility, Constitutional Law
Revive the Ethics in Government Act
By Erwin Chemerinsky
To uphold the rule of law amid recurring allegations of presidential corruption, Congress should revive the independent counse...
Immigration, Administrative/Regulatory
America's green card now comes with a price tag
By Eli M. Kantor
Trump's new "Gold Card" immigration program offers wealthy foreign nationals an expedited green card in exchange for a $1 mill...
Litigation & Arbitration
Unconscionable agreements: How courts are rejecting one-sided arbitration
By Maurice Mandel II
Three 2025 California decisions send a clear message: When employment arbitration agreements are rushed, one-sided and stacked...
Cannabis
Cannabis rescheduling by executive action: Medical research and the limits of presidential power
By Dana Leigh Cisneros
President Trump's executive order is not legalization, but a procedural step that underscores just how far federal cannabis po...
Labor/Employment, Alternative Dispute Resolution
Workplace sexual abuse: Mediate with care
By Ellie K. Vilendrer
AB 250 extends survivors' time to sue for workplace sexual abuse, and trauma-informed mediation offers a safer, empowering alt...
Ethics/Professional Responsibility, Alternative Dispute Resolution
ABA closes loophole: Lawyer-mediators prohibited from misrepresenting facts to secure settlements
By Shawn Shaffie, Allan J. Favish
Cannabis
Federal cannabis policy at a crossroads: What rescheduling and court rulings mean for legalization
By Alexis Lazzeri
Two recent federal actions--one administrative, one judicial--highlight the sharp limits of executive and court-based cannabis...
Litigators with prior transactional experience should not only highlight but embrace their background as it comes with unique ...
Labor/Employment
Court of Appeal restores sanity to workers' comp treatment authorizations
By Brent Daub
A new Second District Court of Appeal decision dismantles the Patterson exception, easing the burden on defendants and restori...
Insurance
How California's insurance chief is quieting consumers to boost industry profits
By Harvey Rosenfield
California's insurance commissioner is gutting Proposition 103's consumer oversight, favoring insurers, and blocking advocates...
Technology, Constitutional Law
AI fraudsters receive early holiday gift
By Anita Taff-Rice
Presidential executive order seeks to preempt California laws that prevent AI fraud.
Litigation & Arbitration, Contracts
Behind the fine print: The legal trap of arbitration agreements
By John C. Carpenter
Everyday clickwrap arbitration clauses strip consumers of impartial justice, replacing courts with private forums where repeat...