Labor/Employment, Construction
What lawyers and contractors need to know about minimizing exposure
By Xenia Tashlitsky
Strategies for minimizing exposure under California Labor Code Sections 218.7 and 218.8.
California Supreme Court
California Supreme Court Review: October 2023
By Andrew S. Ong, Ariel E. Rogers
Two cases are pending before the California Supreme Court: One involving the learned intermediary doctrine; the other whether ...
Technology, Intellectual Property
Music, AI basics and how the Beatles are as human as ever
By Jesse E. Morris, Alexandra Mayo
The Beatles recently released a song titled “Now and Then” which used AI to separate John Lennon’s vocal stems from piano so t...
Civil Procedure, 9th U.S. Circuit Court of Appeals
Getting to trial in federal court now means beating qualified immunity
By V. James DeSimone
Qualified immunity only serves to deny our clients’ Constitutional rights and there is good case law on our side in the 9th Ci...
Construction, Administrative/Regulatory
A dangerous loophole in CSLB’s mechanical suspension policy
By Kenneth J. Freed, Jakob Sergei Weitz
There are far too many cases in which the Contractor’s State License Board has wrongly failed to suspend related licenses, ins...
Entertainment & Sports
Stream It Tonight! 'The Burial' (2023)
By Paul Bergman, Michael Asimow
The filmmakers passed up a golden opportunity to portray the ineffectiveness of the defense team in the actual case. In a post...
Torts/Personal Injury
Third-party liability in negligent security cases
By Mary E. Alexander
To succeed in holding these entities liable, the crime must be reasonably foreseeable, giving rise to a duty to protect the pu...
Judges and Judiciary, Family
A call for effective change in California’s family law courts
By Mark E. Minyard
Thirteen years after the Elkins Family Law Task Force created a series of recommendations to ensure access to justice and due ...
Torts/Personal Injury, Constitutional Law
First Amendment triumphs over Prop 65 warnings
By Amber Trincado, David M. Barnes
Developments on California Proposition 65: First Amendment, short-form warnings, and food products.
State Bar & Bar Associations, Legal Education
Latest bar exam results – continuing a decade-long decline
By John Schunk
For those interested in statistics, the median test taker’s score has declined by about one-third of a standard deviation. Whe...
Letters
Second Amendment preserves other amendments and our freedom
By John K. Haggerty
The Second Amendment helps preserve our other amendments and protect us from criminals, invaders, rebels, and wild animals. Lo...
Law Practice, Law Office Management
The evolution of distributed law firms
By Jacob Stein
The legal community has seen the emergence of a new law firm structure – virtual or distributed law firms – which allows lawy...
Torts/Personal Injury
Why LA County’s talc litigation misses the mark
By Lauren Sheets Jarrell
LA County’s talc litigation represents a colossal waste of taxpayer-funded time as public lawyers collaborate with private pla...
Ethics/Professional Responsibility
Does serving on an outside board of directors create risks for attorneys?
By Alanna G. Clair, Shari L. Klevens
It is common for attorneys on boards to serve only in their capacity as board members. However, lawyers may feel tempted, ofte...
Ethics/Professional Responsibility
Cleaning up the mess of sloppy attorney accounting practices
By James I. Ham
Today, the State Bar is likely to treat complaints about money, including bank reports of bounced checks, as worthy of a full ...
Litigation & Arbitration, Expert Advice
You can’t be an expert in everything
By Jae Lee
Legal work is very much a team sport these days, and optimally serving clients in complex matters almost always requires a tea...
Practitioners may wish to consider if the relation back doctrine applies to PAGA claims. The court in Hutcheson v. Superior Co...
Tax, Real Estate/Development, Government
'Socialism' by Judge Arthur Engoron
By Victor S. Dorokhin
How Trump’s fraud case could be an invasion of freedom of contract and a threat to market transactions
Alternative Dispute Resolution
Mediation preparation and negotiating strategies
By Michael D. Marcus
“Sell” your case in the brief and impress the mediator with your grasp of the facts and law. Do not rehash obvious legal princ...
Women’s collegiate sports are more popular than ever. A recent volleyball match’s attendance even broke a world record for int...
Chief Justice John Roberts was more insightful than he probably realized when, in 2011, he said that “at the end of the day, n...
U.S. Supreme Court, Constitutional Law
What is an infringement of speech?
By Erwin Chemerinsky
Two cases pending before the Supreme Court are not examples of government infringing on free speech, and to rule otherwise cou...
Torts/Personal Injury, Entertainment & Sports
Hockey player’s death is a textbook primary assumption of the risk case
By Michael E. Rubinstein
California courts define sporting activities broadly. You name it; if it’s an activity that requires even a minor amount of ex...
Tax, Labor/Employment
Simplify tax breaks: maximizing employee retention credit for businesses
By Linda Honey, Irasema Rocha
The credit’s popularity unwittingly resulted in an uptick of ERC scamming companies that persistently misinform taxpayers of t...
Judges and Judiciary, Ethics/Professional Responsibility
How much can judges socialize with lawyers?
By Wendy L. Patrick
A recent judicial opinion provides sobering guidance.
Although The Hague Convention is not a topic we deal with every day, the core values of the Convention are topics that we deal...
In the summer of 2019, I wanted to go beyond fiction and write a play where – through actors – I could more fully humanize the...
Technology, Alternative Dispute Resolution
Will AI mediators soon replace humans? The simple answer is no
By Leonid M. Zilberman
Human mediators have their own personal life experiences and in almost all cases, a successful outcome hinges on the parties f...
U.S. Supreme Court, Administrative/Regulatory
Supreme Court to consider potential governmental earthquake
By Jared L. Kopel
In Jarkesy, with oral argument scheduled for Nov. 29, the Justices will consider the legality of SEC administrative hea...
Intellectual Property, Consumer Law
E-commerce platform liability for trademark infringement
By David Martinez, Zac Cohen
As online shopping continues to surge, nonparty e-commerce platforms can be held liable for helping merchants sell and adverti...