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In these hyperpartisan times there's a temptation to criticize censorship only when exercised by the opposite political party....


Judges and Judiciary

How to use precedent cases

Dec. 18, 2023
By Myron Moskovitz

Many attorneys see appellate judges as ATM’s in black robes. Just insert the precedent, type in a few facts, apply the precede...


U.S. Supreme Court, Alternative Dispute Resolution

PAGA: What’s gone, what’s left, and what’s next

Dec. 15, 2023
By David D. Bibiyan

A year and-a-half after the Supreme Court of the United States sent shockwaves with its Viking River Opinion, we do kno...


Evidence, Civil Litigation

Creative expression and Lady Justice

Dec. 15, 2023
By Gary A. Watt, Stella Padilla

The iconic image of the blindfolded lady represents the promise of unbiased administration of justice. That promise has never ...


Intellectual Property

In first-to-file jurisdictions, so-called “trademark pirates” often race to the Trademark Office to file applications for exis...


Letters

Antisemitism can’t be tolerated

Dec. 15, 2023
By Louis A. Lipofsky

If the First Amendment will not protect us, then our reaction to the Congressional testimony, the withdrawing of funding to un...


Technology, Evidence

Roadmap to courts’ review and acceptance of AI-generated evidence

Dec. 15, 2023
By Laura Lin, Rachel June-Graber

To determine how courts are likely to consider AI-generated evidence, the evolution of the use of Wikipedia in judicial opinio...


The news coverage after Charlie’s passing gives me an appreciation of what a class-act he was.


Ediscovery, Civil Litigation

The civil litigation process will soon be fairer

Dec. 14, 2023
By Arash Homampour

The recent mandate for comprehensive initial disclosures aligns California with the FRCP, compelling parties to provide a comp...


Intellectual Property

The how-tos of trying a patent case

Dec. 14, 2023
By Raquel F. Dachner, David R. Flyer

Before taking on a patent case as a Plaintiff, you must first compare your client’s patent to the accused product. Do any of t...


Labor/Employment

The future of DEI: making employment initiatives effective

Dec. 14, 2023
By Philip I. Person, Matthew J. Weber

The true value of DEI programs is the improved employee experience, which generally translates into company success.


Civil Rights

8th Circuit’s election-year case on race, politics, and voting rights

Dec. 14, 2023
By Michael A. Columbo, Karin Sweigart

NAACP stands at the combustible crossroads of race, law, and elections, with some lauding it as a well-founded correcti...


Alternative Dispute Resolution

The importance of mediation briefs

Dec. 14, 2023
By Lindsey Bayman

A brief that demonstrates that the lawyers have prepared their case such that they will be able to present it to a jury in a <...


State Bar & Bar Associations

In 1950, the membership of the Los Angeles County Bar Association voted to admit all lawyers, regardless of race or color. Som...


Civil Litigation

In recent years, there was an explosion in the number of ADA access cases in California filed by just a few individuals and la...


Technology

AI is the new kid in town, but use caution

Dec. 13, 2023
By Reza Torkzadeh, Allen P. Wilkinson

With AI, the legal profession is currently undergoing its most substantial and significant metamorphosis since the first lawye...


U.S. Supreme Court

SCOTUS and a possible constitutional crisis

Dec. 13, 2023
By A. Marco Turk

Judicial review is well-rooted in American political tradition. But so are checks and balances. The president and Congress can...


Criminal

The incarcerated deserve a second look

Dec. 13, 2023
By Katie Tinto

Each New Year’s we believe in our own capacity to change. Prisoners deserve the same second chance.


Criminal

Though older records are sparse, it might well be that there have never been so many people taking on an incumbent for a Los A...


Litigation & Arbitration, Evidence

The Victor Valley court began with well understood principles of how impactful evidence destruction could be on "fairne...


Litigation & Arbitration

How to navigate the complexities of non-disparagement clauses

Dec. 12, 2023
By Douglas L. Johnson, Daniel B. Lifschitz

Although non-disparagement clauses are currently under a magnifying glass due to their historical potential for abuse, they re...


The following is a true story and living proof of how anyone can use their skills and passion to create magical justice for th...


Constitutional Law

A new McCarthy era

Dec. 11, 2023
By Erwin Chemerinsky

It is easy to imagine situations in which the advocacy of genocide can be punished as incitement or true threats or harassment...


Law Practice

Two artists, two visions, one courthouse

Dec. 11, 2023
By Michael L. Stern

In the 1950s, African American architect Paul Revere Williams, who overcame intense racial discrimination to become the “Archi...


Technology, Administrative/Regulatory

Clearview AI’s database contains over 40 billion images, and it has an unknown number of government agency clients throughout ...


Entertainment & Sports

NIL governance: looking to the ‘future’

Dec. 11, 2023
By Frank N. Darras

The Coalition for the Future of College Athletics is perhaps the most focused and organized advocacy group, and their pragmati...


Labor/Employment

Most startups don’t have the financial resources to implement practices and policies consistent with the multitude of employme...


Law Practice, Ethics/Professional Responsibility

How attorneys can end up on Santa's 'nice' list

MCLE
Dec. 11, 2023
By Alanna G. Clair, Shari L. Klevens

One way to avoid winding up on the “Naughty” list this year is to treat opposing counsel and adversaries with the civility req...


Military Law

An organization born from rejection accomplished a lot of legal successes.


Torts/Personal Injury, Civil Litigation

Nuclear Verdicts®: Year-end trends and looking forward

Dec. 8, 2023
By Robert F. Tyson Jr.

What does the future hold for Nuclear Verdicts®️? Unfortunately, if nothing is done, they will get worse