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...
Intellectual Property
The feud over TikTok user’s ‘fair use’ of Universal’s copyrighted works
By Tyler E. 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.