Real Estate/Development, Contracts
Seller carry-back financing may be making a comeback
By Deb Graceffa
Seller carry-back financing can be risky and potentially illegal, especially if it is not disclosed to the existing lender or ...
Insurance, Health Care & Hospital Law, Family, Alternative Dispute Resolution
If litigated, there may be no winners in child mental health treatment disputes
By Bob Blum
Mediation could have offered a better alternative to litigation, as it could have allowed the parties to create more balanced ...
Securities
Preparing for lawsuits challenging a company’s sale of securities
By Andrew S. Ong, Kourtney Kinsel
Some California superior court decisions have held that the PSLRA discovery stay does not apply to securities claims brought i...
Law Practice
Microaggression and gaslighting in the legal profession
By Angela Reddock-Wright, Halim Dhanidina
The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions,...
Education Law
Debate over parental involvement in education reignites
By William W. Bruzzo
All youth, regardless of whether they are homeschooled or not, should be taught and assessed on a standardized basis to ensure...
Wills, Estates & Trusts
Supreme Court clarifies rules for modification of revocable trusts
By Mark J. Phillips, Jake V. Phillips
In Haggerty v. Thornton, the Supreme Court followed the dissenting opinion from King v. Lynch -- that any method for revocatio...
Labor/Employment
Will Disney voluntarily recognize Mickey and Minnie’s union?
By David W. M. Fujimoto
Disney has publicly stated that it would rather have a National Labor Relations Board (NLRB) election than voluntarily recogni...
U.S. Supreme Court
Anti-DEI advocacy groups have a new target: minority-focused grant programs
By Ann O’Leary, Marcus A.R. Childress
Edward Blum’s attacks on the philanthropy sector could have serious consequences for the funding of programs that aim to incre...
Torts/Personal Injury, Entertainment & Sports, Contracts
Should the NCAA take a knee forever?
By Frank N. Darras
The NCAA was recently sacked by new players’ unions, coaches on the move, and the absence of a much-needed federal framework. ...
Ethics/Professional Responsibility
Navigating the workplace with compassion when a colleague is grieving
By Tricia A. Bigelow
Grief is personal and those in the legal community can learn from each other, and show empathy to those who are experiencing l...
Private judges can streamline the process and provide more attention to complex cases. However, they also create a two-tier sy...
Litigation & Arbitration
Planes, trains, and automobiles in the modern arbitration world
By Jared W. Slater
The outcome of Bissonnette v. LaPage Bakeries Park St., LLC will affect whether commercial drivers, regardless of the i...
Torts/Personal Injury
Can a landlord be liable for injuries caused by a tenant’s dog?
By Michael E. Rubinstein
California imposes strict liability on dog owners for any harm caused by their dogs biting someone, regardless of the dog’s pr...
Securities
Exxon’s unconventional route to block ESG shareholder proposals
By Gabriel Miranda
Exxon’s lawsuit is part of a larger trend of corporations and conservative groups seeking to overturn or limit ESG regulations...
Construction
Credit where credit is due – local agency action to promote housing
By Christopher S. Burt, Andrew K. Fogg
Local authorities have a shared responsibility to address the statewide housing crisis, and some cities have taken creative an...
Alternative Dispute Resolution
When a mediator must be the bearer of bad news
By Lori Dobrin
Mediators sometimes have to deliver unpleasant messages to the parties in a dispute, such as the risks of going to trial or th...
Judges and Judiciary
Maintaining judicial independence: a collaborative effort
By Erica R. Yew
Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threat...
Technology, Data Privacy
California Privacy Act still not being enforced seven years after enactment
By Anita Taff-Rice
Tardy issuance of privacy regulations lands watchdog agency in court.
Civil Litigation
Expedited discovery and mandatory sanctions: Why I wrote SB 235
By Thomas J. Umberg
SB 235 aims to reduce delay and litigation costs by requiring parties to disclose certain basic information early in the litig...
Ethics/Professional Responsibility
Applying a ‘measure of judgment’ in Rules of Professional Conduct
By Mark L. Tuft
Rule 8.3 involves many judgment calls, such as what constitutes a substantial question, credible evidence, material prejudice,...
Full-day mediations let the process dictate the schedule, rather than the other way around, and are more conducive to achievin...
Insurance
It’s raining, it’s pouring, your insurance policy clause is controlling
By Chinye Uwechue
Most insurance documents explain how standard homeowners policies in California exclude losses caused by floods or earth movem...
Legal practitioners who oversee cases involving children with disabilities must be aware of the state and federal laws and reg...
Alternative Dispute Resolution
New Year, new mass arbitration rules from the AAA
By John A. Vogt, JoeAl Akobian
Companies should update their arbitration agreements to take advantage of the new AAA rules and include conditions precedent t...
Technology
Recent FCC ruling on AI calls will likely test TCPA’s limits
By Megan L. Rodgers, Daniel Rios
Alternative Dispute Resolution
Successful mediations call for an artist’s touch
By Robert McGuiness
Mediation is an art, not a science, and successful mediators need to have a range of skills and abilities.
Alternative Dispute Resolution
A few words can make a big difference in California arbitration discovery
By Gary Nadler, Louise A. LaMothe
Arbitration is a more economical and expedient way to resolve issues than litigation, but the scope of discovery depends on th...
The Act may not deter criminals from using shell companies and may also impose a burden on legitimate businesses and expose th...
Two stories highlight the challenges and failures of the child welfare system, and how families are often separated and trauma...
Torts/Personal Injury
Understanding the nuances of survival and wrongful death actions
By Chantal A. Trujillo
Section 377.34 now allows recovery for pain, suffering, and disfigurement damages in survival actions filed between Jan. 1, 20...