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Legal Education, Law Practice

It is common for law students to underestimate the power of networking. We are so focused on our studies that it is easy to fo...


U.S. Supreme Court, Constitutional Law

When a statute (or an executive order) is the product of the ordinary give-and-take of our messy democratic process, a judge s...


The Digital Services Act reaches the USA

Oct. 17, 2023
By Robert Spano, Vivek Mohan

U.S. companies must not bury their heads in the sand: while the DSA’s regulations are formally limited to online services that...


The road ahead for California’s property insurance landscape is one of cautious optimism. The impending changes to Proposition...


The Portfolio Bar Exam would not offer a free pass or easier path to candidates. It would instead be a more rigorous process d...


The future of the administrative state

Oct. 17, 2023
By Erwin Chemerinsky

The Supreme Court has not defined what is a major question or what is sufficient authorization from Congress to meet the major...


Government, Civil Rights

The state has enough tools to address our homelessness crisis without seeking the Supreme Court's intervention to allow for ci...


State Bar & Bar Associations, Ethics/Professional Responsibility

Client Trust Accounts, Part 1 - The basics

Oct. 16, 2023
By Jennifer Stalvey

Attorneys have a duty to perform legal services with competence, which includes a nondelegable duty to oversee and properly ac...


This article explores the specific steps to halt the dissolution process, highlights some traps for the unwary, and encourages...


State Bar & Bar Associations, Government

It is time to restore confidence in the State Bar

Oct. 16, 2023
By Thomas J. Umberg

Like most lawyers, I have spent much of the last few years in shock as investigative journalists have, bit by bit, unraveled T...


Judges and Judiciary, Ethics/Professional Responsibility

Apart from a discovery sanctions motion, it is difficult to imagine when a court would be the proper tribunal for Rule 8.3 rep...


Technology, Labor/Employment

The survey population, who represent a range of industries and company sizes in the US and have a significant role in how AI i...


Ediscovery, Alternative Dispute Resolution

Addressing the common objection that a question “calls for a fishing expedition,” the court in Norton v. Superior Court (1994)...


Alternative Dispute Resolution

Why has the use of this modified Rule 26 been so effective? It basically provides the parties with the same information that t...


Land Use, Government, Administrative/Regulatory

Too often, developers are an easy scapegoat for all infrastructure problems, and, more often than not, local officials push ev...


Technology, Constitutional Law

The Solicitor General argues that allowing for content-moderation would impermissibly allow States to “enhance their citizens’...


Environmental & Energy

The scale of the Inflation Reduction Act funding and its potential positive impact on communities is extraordinary. But many o...


Technology, International Law

AI plays a significant role in China law enforcement in prisons, where every corner is monitored.


The State Bar has entered into a public comment period through Oct. 25 on a proposal to eliminate the bar exam requirement to ...


Real Estate/Development

Hopefully, stricter lending standards since the Great Recession mean commercial real estate lenders will not realize significa...


Government, Antitrust & Trade Reg.

The federal government finally files its antitrust case against Amazon

Oct. 11, 2023
By David W. Kesselman, Amy T. Brantly

A key question that remains unanswered at this early stage: what is the end goal of the FTC’s lawsuit? The complaint generally...


Entertainment & Sports, Contracts

NIL strategies to consider in college athletics

Oct. 10, 2023
By Frank N. Darras

As it happens, new bipartisan bills addressing NIL and collectives are being introduced again in the Senate that might gain th...


Government, Administrative/Regulatory

The claim-presentation statutes impose on the normal requirements for filing timely lawsuits against defendants an overlay of ...


Expert Advice, Evidence, Construction

Paint complaint raises issue as to whether expert can be questioned on construction standard, even if not relied upon when for...


Labor/Employment

The militant labor roots of this "Striketober"

Oct. 9, 2023
By Jonathan F. Harris

Workers are now more ready to strike than they have been in recent decades. In addition, younger and more activist leaders are...


Contrary to the globalization of communication, education, and trade, there is no universal definition or acceptance of “Major...


Ethics/Professional Responsibility

Considerations for producing attorney work product in a client’s file

Oct. 9, 2023
By Alanna G. Clair, Shari L. Klevens

If the attorney determines that the request includes the attorney’s work product, properly responding to the request could bec...


Tax, Real Estate/Development

Even landlord tenant settlements have tax issues

Oct. 9, 2023
By Robert W. Wood

How could you be taxed on a legal settlement, especially on the whole 100%, when your lawyer takes 40% off the top? If that so...


U.S. Supreme Court, Constitutional Law, Civil Rights

Redistricting is too often manipulated to discriminate against communities of color, advantage one political party over anothe...


Family, Contracts

Why would the spousal support waiver be unenforceable when the rest of the prenuptial agreement is enforceable? The answer lie...