Environmental & Energy
California's Proposition 45 does not cover data centers
By Rachelle Chong
A recent debate over California's Proposition 45 has raised a surprisingly basic question: "Are data centers eligible for the ...
Labor/Employment
San Francisco shields workers from certain out-of-state criminal records
By Michele Haydel Gehrke, Ashley Shafer
San Francisco's expanded Fair Chance Ordinance prohibits employers from basing adverse employment decisions on out-of-state co...
Most cases settle before trial--but when one doesn't, the smallest overlooked detail can become the most important fact in the...
Business Law
Want to live in a world where we trade on tragedy?
By Alexander B. Boris, Yosi Yahoudai
A judge just ruled that Kalshi cannot operate most of its prediction markets in Washington, reopening the question of whether ...
The 9th Circuit has narrowed the Lanham Act's false advertising reach, holding that allegedly false claims about a product ide...
Labor/Employment
Hurt on the job? Good luck finding a lawyer
By Kathleen N. Mastagni Storm
California's workers' compensation system promises to protect injured workers, but its attorney fee structure can leave those ...
Business Law
For fine art transactions, it's best to read the fine print
By Jeff Miles
California art transactions sit within ordinary commercial law, but art-specific statutes can displace familiar assumptions ab...
Constitutional Law
Shock gloves at the MDC: A new tool meets old standards
By William M. Paparian
ICE's planned use of electric-shock G.L.O.V.E. devices raises serious legal and accountability questions about whether deployi...
Justice Goodwin H. Liu's efforts to ensure representative juries underscore the responsibility of attorneys and judges to guar...
Justice Clarence Thomas has advanced a series of far-reaching constitutional positions that would significantly narrow federal...
Constitutional Law
Is an algorithmic feed 'speech'? Courts are about to decide
By Krista L. Baughman
As courts grapple with whether algorithmically generated feeds are "expressive," the answer may determine the extent of social...
Torts/Personal Injury, California Supreme Court
No duty to innovate: California Supreme Court rejects new negligence theory
By Steven J. Boranian
The California Supreme Court rejected a novel "duty to innovate" theory, holding that a drug manufacturer had no duty to devel...
Appellate Practice
Working, Part 3: Reviewing the reporter's transcripts
By Myron Moskovitz
Winning appellate arguments often hide in the reporter's transcripts, where a judge's revealing remark, a damaging concession ...
Environmental & Energy
Storm water rules make a splash in Los Angeles
By Jon-Erik Magnus
A new regional storm water permit expands compliance obligations to previously unregulated Los Angeles County facilities, requ...
Data Privacy
Variety Media: The appeal that could decide whether CIPA applies to website technologies
By Jana Slavina Farmer, Lioba Bakker
California's Court of Appeal is weighing whether a 1967 wiretapping law can regulate everyday website technologies, with poten...
Torts/Personal Injury
Weighing California's medical malpractice cap increase
By Jacob A. Brender
Nearly 50 years after MICRA's enactment, California's medical malpractice landscape is evolving in ways that affect both injur...
Ethics/Professional Responsibility, Alternative Dispute Resolution
Preparing clients for mediation: Meet them where they are
By Zia F. Modabber
Experienced counsel know mediation preparation is not one-size-fits-all. Tailoring the process to each client's experience, ne...
Alternative Dispute Resolution
Mediator certification deserves to flatline
By Jeff Kichaven
Mediator certification is a solution in search of a nonexistent problem, and applying real due process to the State Bar's disc...
Technology
California's AI over-legislation problem: Why existing employment law already has it covered, part 3
By Brett Young
This final installment of the three-part series argues California's existing FEHA regulations already hold employers accountab...
Labor/Employment
Need a workplace violence restraining order? Here's how to get one fast
By John N. Dahlberg
California employers and unions can obtain workplace violence restraining orders quickly, yet few use them. Understanding the ...
Communications Law
Federal approval, state authority and the future of California landlines
By Thaila Sundaresan
AT&T's effort to retire traditional landline service in California presents a classic federalism dispute over the boundary...
Law Practice, Ethics/Professional Responsibility
The weight wrongful death lawyers carry home
By Yosi Yahoudai, Parham Nikfarjam
Wrongful death cases require more than legal skill. They require empathy, restraint, emotional discipline and better training ...
Constitutional Law
Geofence warrants after Chatrie: new limits, same old constitutional duty
By William M. Paparian
The Supreme Court's decision in Chatrie v. United States holds that geofence warrants seeking Google location data constitute ...
Labor/Employment
The safety tool retailers keep leaving on the shelf
By John N. Dahlberg
Workplace Violence Restraining Orders under CCP § 527.8 offer retailers a far more effective way to stop recurring violence, t...
Technology, Labor/Employment
California's AI over-legislation problem: Why existing employment law already has it covered, part 2
By Brett Young
Part two of this series argues that pending California AI workplace bills define "automated decision system" so broadly that t...
Technology, Ethics/Professional Responsibility
Bias is implicit in all AI, even legal AI
By Susan L. Greenberg
Attorneys who use AI must do so with their eyes wide open, understanding its limitations and recognizing that their work is ju...
Books
Book review: The Adventures of Herman, a Very "Special" Parrot
By George G. Lomeli
Retired Judge Rand S. Rubin's The Adventures of Herman is more than a charming children's book--it's a thoughtful story about ...
Data Privacy
California's website tracking litigation nears a defining moment
By Ranjan A. Lahiri
As California's website tracking litigation enters a new phase, the question is no longer whether businesses will continue to ...
Insurance, Contracts
Payment of benefits does not excuse unreasonable delay
By William A. Foster
A recent appellate decision makes clear that an insurer's unreasonable delay in paying benefits can trigger bad faith liabilit...
Ethics/Professional Responsibility
Four steps for lawyers to harness AI without the risks
By Crawford Appleby
AI is reshaping legal practice, but attorneys must use it competently and ethically to avoid becoming the next cautionary head...