Intellectual Property
The feud over TikTok user’s ‘fair use’ of Universal’s copyrighted works
By Tyler Sanchez, Marius Mateescu
The music industry may have to adapt to the rise of AI-generated works by focusing on live performances, fan experiences, and ...
Alternative Dispute Resolution
Early dispute resolution and the critical role of acceptance
By Lisa Baker Morgan
Acceptance, rather than control, is the key to shifting from an adversarial stance to a cooperative one in resolving disputes.
Meta is working with other companies and organizations to expand its watermarking feature to third-party content and to embed ...
Environmental & Energy, Class Action
Turning up the heat for California’s class action climate
By Amy Jane Longo, Rocky C. Tsai
Businesses that fail to comply with new disclosure laws may face lawsuits from consumers who allege that they have been misled...
Tax
Senate could keep fire victims from getting burned – twice
By Robert W. Wood, Alex Z. Brown
The Tax Relief for American Families and Workers Act of 2024 includes a provision that would exclude from federal income tax a...
The lower life expectancy of certain groups, such as Hispanic males, can affect the economic value of life care plans and othe...
Environmental & Energy
Human composting will soon replace ashes to ashes, and dust to dust
By Robert Weinstock
Human composting reduces the environmental impact of death by saving land, fuel, and carbon dioxide emissions, and can also be...
Trump's lawyers can cite Smith's previous petition to argue that the Supreme Court should take the case and overturn the lower...
Technology
Apple Vision Pro is heavy on panoramic views and the nose
By Paul R. Kiesel
The device’s immersive experience, high-resolution display, 3D camera, and spatial audio are impressive. Its weight, price, an...
Technology
Why you must not rely solely on AI for legal research
By Abraham C. Meltzer
AI systems like Westlaw AI are prone to errors and should not be relied on solely for legal research. Practitioners should use...
The D.C. Circuit ruled that a former president can be prosecuted for crimes committed in office and rejected Trump’s claim of ...
California Supreme Court
Mediating PAGA claims: Estrada changes everything, or does it?
By Barry M. Appell
The California Supreme Court ruled that trial courts cannot dismiss PAGA claims solely for manageability reasons, but they can...
Wills, Estates & Trusts, Alternative Dispute Resolution
Mediating estate issues around an empty chair
By Kenneth Wolf
Estate disputes can be emotionally and legally complex. A mediator can help parties find a satisfactory resolution by listenin...
Two cases illustrate the difficulty of defining religion for legal purposes: U.S. v. Ballard, where the Court upheld the freed...
Wills, Estates & Trusts, Tax
Pre-2026 gift and estate tax planning strategies
By Tiffany Halimi, Bret R. Carter
The Tax Cuts and Jobs Act of 2017 increased the lifetime estate and gift tax exemptions, but this provision is set to expire b...
Donald Trump’s possible return to the presidency could cause political polarization, violence, and disruption of the democrati...
Letters
Taking issue with judges’ ruling that the State had no contract with Hastings Law founder
By Kris Whitten
The Superior Court erred in sustaining demurrers to the complaint in Hastings College Conservation Committee v. Faigman...
Letters
The life and career of Lt. Gen. Benjamin Davis Sr. resonates with many
By Jon B. Streeter
If every African American member of the California judiciary were surveyed, most of us would say that some significant and inf...
Mergers & Acquisitions, Corporate
Key legal and regulatory trends for M&A in 2024
By Michael O'Bryan
Generative AI is a driving force for M&A deals and poses new legal and business challenges.
The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission...
Damages are often the most difficult and overlooked aspect of mediation. Parties should analyze them early and realistically.
Law Practice
Legal evolution: bi-directional learning for dynamic progress
By Olga G. Peña
The innate disconnect between senior and junior practitioners across that generational divide impedes the seamless transfer of...
Law Practice, Books
Stitching law and fiction: Daniel A. Olivas's 'Chicano Frankenstein'
By Orlando Ortega-Medina
True to his oeuvre, Olivas’s novel explores questions of identity and cultural assimilation, mirroring his own experiences as ...
Civil Procedure, Civil Litigation
Comments on Federal Rule of Civil Procedure 16.1
The Advisory Committee on Civil Rules is accepting public comment on Proposed Rule 16.1, which aims to streamline and improve ...
Labor/Employment, Alternative Dispute Resolution
Only the Supreme Court can stop the golden state from flouting the FAA
By Tom Manzo, Jonathan Berry
To stop California’s defiance of federal law, the US Supreme Court must weigh in on arbitration agreements.
Tax
Opting for IRS self-reporting: a smoother path for ill-gotten pandemic funds
By Selwyn D. Whitehead
The IRS is offering conditional partial amnesty for improperly-claimed employee retention tax credits. Companies should consid...
Instead of automatically applying McDonnell Douglas to disability discrimination cases, both courts and counsel should ...
Ethics/Professional Responsibility
Tips for navigating social media’s thicket of ethical risks
By Shari L. Klevens, Alanna G. Clair
One issue implicated by the use of social media is the potential that the attorney’s posts could arguably be seen to create a ...
U.S. Supreme Court
Will SCOTUS reconsider virtual child porn laws in light of deepfake culture?
By Krista L. Baughman
Deepfake culture, the First Amendment and child pornography legislation are still at odds, but the proliferation of AI content...
The use of stay or pay clauses may decline in the future due to increased regulatory scrutiny. Until then, employees should be...