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Admiralty/Maritime, 9th U.S. Circuit Court of Appeals

The Ninth Circuit had to decide whether a statute that prohibits liability waivers for vessels transporting passengers between...


In a case of first impression, the 1st District Court of Appeals in California determined that a project owner’s claim for liq...


The new theory suggests that insider trading violations cover individuals who trade a company’s securities, not based on nonpu...


Torts/Personal Injury

A refresher on Dram Shop liability

MCLE
Mar. 12, 2024
By Reza Torkzadeh, Allen P. Wilkinson

California follows the common law rule that the sale or furnishing of alcoholic beverages to an intoxicated person is not the ...


U.S. Supreme Court

Unanimous, but wrong

Mar. 12, 2024
By Erwin Chemerinsky

The Supreme Court’s decision was unjustified based on the text and the original meaning of the Constitution and undermined the...


Alternative Dispute Resolution

The failure factor in successful trust mediation

Mar. 12, 2024
By John H. Sugiyama

Trial can be an instrument of mediation, as it creates pressure and incentives for parties to negotiate and settle.


The Racial Justice Act only applies to cases where there is evidence of exhibited bias, not implicit bias, and the appellate c...


Military Law

The women who served in Vietnam

Mar. 11, 2024
By Eileen C. Moore

There were 2.8 million Americans who served in Vietnam; 10,000 of them were women.


Ediscovery, Civil Litigation

Cards on the table: California’s new mandatory discovery regime

Mar. 11, 2024
By Hannibal Huntley, Andrew Browning

SB 235 aims to improve efficiency and judicial economy by requiring parties to disclose relevant information early in the liti...


Wills, Estates & Trusts

RON is useful for real estate and business transactions, but not for estate planning, which requires more careful verification...


Corporate, Constitutional Law

Fifth Circuit renews controversy over Nasdaq board diversity initiative

Mar. 11, 2024
By Teresa L. Johnson, Sean M. Selegue

The Nasdaq rule does not require boards to have a minimum number of “diverse” directors (as do the California laws), but inste...


Health Care & Hospital Law

Health equity initiatives are not only moral imperatives, but also increase precision in health outcomes and mitigate legal ri...


U.S. Supreme Court, Labor/Employment

PAGA returns to the US Supreme Court

Mar. 8, 2024
By Felix Shafir, Peder K. Batalden

The U.S. Supreme Court may either defend or revisit Viking River’s dismissal rule and decide whether California courts must ho...


State and local jurisdictions could face significant financial losses if the Federal Emergency Management Agency (FEMA) denies...


Litigation & Arbitration

Trade secret misappropriation claims have become more common and powerful in the last two decades, due to factors such as the ...


Law Practice, Ethics/Professional Responsibility

Risks for practitioners sharing office space

Mar. 8, 2024
By Shari L. Klevens, Alanna G. Clair

The potential pitfalls of sharing office space with other professionals or attorneys, and how to avoid misleading clients, bre...


Entertainment & Sports

‘Anatomy of a Fall’ (2023)

Mar. 8, 2024
By Paul Bergman, Michael Asimow

In this riveting and suspenseful story, ‘Anatomy of a Fall’ includes complex and intelligent characters, where the prosecutor ...


Should the majority's holding in Trump v. Anderson prompt Special Counsel Jack Smith to file a superseding indictment ...


Labor/Employment

BYOD: Internal investigations and employee personal devices

Mar. 7, 2024
By Winston Y. Chan, Nicole Waddick

Companies that allow employees to use their personal devices for business communications should have effective ‘Bring Your Own...


U.S. Supreme Court, Labor/Employment

Employers should anticipate more whistleblower tips, create a culture of compliance, establish a centralized tip reporting sys...


Gov. Gavin Newsom cannot and should not grant clemency to all death row prisoners in California, as it would violate the state...


Government

George Gascón must overcome historical trends that favor challengers in the run-off. He also must deal with a lack of resource...


Insurance, Contracts

Your auto insurance policy was canceled…or was it?

Mar. 6, 2024
By Michael E. Rubinstein

The Court of Appeal in Molinar v. 21st Century Insurance Company held that an auto insurer must send a notice of cancellation ...


Technology

At the intersection of technology and biology

Mar. 6, 2024
By Jason Novak

The legal challenges and opportunities of applying AI and machine learning to different industries, especially biotech, and ho...


Division Two in the Court of Appeal in Riverside has had a mediation program since 1991, using volunteer attorney mediators wh...


Alternative Dispute Resolution

Arbitration can be tailored to meet litigants’ needs

Mar. 6, 2024
By Rich Lee, Adam Pollock

Arbitration providers and participants can devise rules that limit discovery, allow parties to select arbitrators, and ensure ...


Judges and Judiciary

How do judges learn how to be fair? CJER!

Mar. 5, 2024
By Benjamin G. Shatz, Karene I. Alvarado

CJER can react swiftly to educational needs changes prompted by the law, society, or the work of the courts, and is considered...


Law Practice

Lien on me: The power of liens in judgment collection

Mar. 5, 2024
By Ira M. Friedman, David Friedman

There are various liens that a judgment creditor can use to enforce a money judgment against a debtor’s property, such as abst...


U.S. Supreme Court

Supreme Court’s supreme chill

Mar. 5, 2024
By William Slomanson

The Supreme Court’s decision to freeze the trial proceedings deprived the public of its right to a speedy trial and the inform...


Labor/Employment

Recent NLRB decisions affecting non-union employers

MCLE
Mar. 5, 2024
By Arthur F. Silbergeld, Aya Z. Elalami

The NLRB has created a new rule that allows unions to bypass elections and demand recognition from employers based on a majori...