Torts/Personal Injury
5 digital evidence traps in truck accident litigation
By Daniel W. Munley
Modern trucking litigation requires attorneys to identify, preserve and understand digital vehicle and fleet data early to avo...
Appellate Practice
Working, Part 4: Setting up the structure of a brief
By Myron Moskovitz
Why starting to draft early, while first impressions are fresh, can help shape a strong argument outline and concise introduct...
Stock options and other equity compensation can build significant wealth, but their tax treatment is anything but simple--espe...
Torts/Personal Injury
Navigating client council and guardian dynamics in cases involving minors
By Geoffrey S. Wells
Representing an injured minor requires special care, from choosing the right guardian ad litem and navigating potential confli...
AI watermarks will make the profession's comfortable script--AI for research, brainstorming and editing, but never drafting--u...
Health Care, Pharmaceuticals, Biotech
Self-funded ERISA liens: The plans hold strong cards, not all of them
By John J. Rice
Self-funded ERISA liens may look unbeatable, but knowledgeable plaintiff attorneys can often turn the law's limits into powerf...
Ethics/Professional Responsibility
The trust accounting toolkit: Navigating California's trust accounting resources
By Erin M. Joyce, Natalie Manoukian
The State Bar offers California attorneys a range of educational tools, guidance and support to help them comply with client t...
Labor/Employment
As remote work expands, FEHA's retaliation protections extend beyond the physical workplace, requiring California employers an...
Ethics/Professional Responsibility
Protecting consumers and maintaining the integrity of the legal profession
By Casey R. Johnson
AB 931 strengthens protections for California consumers by restricting attorney fee sharing with nonlawyers and imposing new d...
Ethics/Professional Responsibility
Attorney fee liens: Protecting your right to be paid
By John P. Blumberg
Discharged attorneys may retain a right to fees, but lawyers who withdraw can lose that right. Understanding when lien rights ...
Employers should recognize that seemingly neutral workplace policies can disadvantage employees with invisible disabilities an...
Civil Procedure
Defense mental examinations in California personal injury litigation: Raw test data and audio recording
By Greg A. Jackson
Plaintiffs' counsel who master the law governing defense mental examinations can limit unwarranted examinations and obtain the...
Alternative Dispute Resolution
The peril of certainty in mediation, part 1
By Greg Derin
Confidence helps lawyers try cases. Certitude makes them misread risk, misprice settlement and mistake compromise for surrender.
Successful trade secret litigation requires early and precise identification of the trade secrets, careful analysis of forensi...
Technology, Ethics/Professional Responsibility
Improved tools but lagging regulations
By Beau M. Goodrick
AI tools have changed dramatically since 2023, but the questions, risks and ethical considerations largely have not. Whatever ...
Tesla's camera-only driving system and electronic door handles share the same dangerous design philosophy: abandoning proven r...
Criticism of SB 574 misunderstands both the bill and the voluntary certification program it addresses. Nothing in the measure...
Bankruptcy
From dot-coms to AI start-ups: Same boom, different bust
By Monique D. Jewett-Brewster
While the dot.com and AI booms share similarities, the resulting company failures raise materially different bankruptcy issues...
Judges may use AI as a tool, but they must personally read the key pleadings and evidence, evaluate the law and credibility, ...
Constitutional Law
The president has no business running elections
By Allan Lee Dollison
President Donald Trump's effort to restrict mail voting through executive action exceeds presidential authority over elections...
The "agentic referee" offers one way to explore adjudicative AI while preserving transparency, meaningful human oversight and ...
SB 577 would make it harder for survivors of institutional childhood sexual abuse to pursue claims against California public e...
Real Estate/Development
When 'substantial completion' is not enough: Purchase agreements for newly constructed buildings
By Jessica K. Lomakin, Nancy A. Park
Purchase agreements for buildings still under construction must precisely allocate the risk of delay--distinguishing between a...
California privacy laws can limit the harms of license plate readers, but to eliminate the threat, communities need to break u...
Labor/Employment
Lessons from a major whistleblower retaliation verdict
By Stephen C. Kimball
California Labor Code Section 1102.5 is a strong weapon for employees, and a recent major verdict shows why employers faced wi...
Labor/Employment
Another exit from arbitration, but how wide is the door?
By Andrew L. Satenberg, Jake Kim
The 9th Circuit's Ding decision allows employees who discover a viable sexual harassment claim after arbitration begins...
Technology, Family
AI chat history: Trials and tribulations of discovery in a California divorce proceeding
By William O. London
AI can be a valuable tool in a California divorce, but litigants should understand that their conversations may not be private...
A change from $X to zero dollars isn't a change in judgment?
Letters
California courts needed a statewide case management system
By Terry B. Friedman
California's failed statewide court case management project was costly and troubled, but its goal of connecting courts across ...
Tax
Can California tax options and restricted stock after you move away?
By Robert W. Wood
Leaving California may not end California tax obligations for residents with stock options or other equity compensation.