Real Estate/Development, Constitutional Law
Rent control confronts the Constitution
By Michael M. Berger
It has been more than a century since the Supreme Court has reviewed New York City rent control. That may change.
Bankruptcy
Can the Bankruptcy Code save financially-stressed seniors?
By Selwyn D. Whitehead
If two-thirds of American seniors are relying solely on their social security benefits, the numbers do not add up – necessitat...
Letters
Addressing some missing points about the Daily Journal’s report on the California Supreme Court Historical Society publications
By Daniel M. Kolkey
The California Supreme Court Historical Society strives to offer balance in the viewpoints expressed in its two publications —...
Real Estate/Development
A landlord’s guide to assistive animals
By Pamela Westhoff, Meigan Everett
By adhering to legal requirements and implementing proper procedures, landlords can successfully manage the presence of assist...
U.S. Supreme Court
Supreme Court should rule on Trump’s primary ballot removal
By John H. Minan
Former president Donald Trump has thrust the Supreme Court into the center of his legal problems. The US Supreme Court should ...
Technology, Administrative/Regulatory
Ensuring transparency in autonomous vehicle regulation
By Aaron H. Jacoby, Gordon Sung
Developers of AV and safety-centric tech face distinct hurdles. They aim to be responsible, transparent, and cooperative with ...
Health Care & Hospital Law, Government
The future is here: state payment for life-changing gene therapies
By Katie Pettibone
Transformative, potentially curative, and one-time administered therapeutics are pushing governments to reimagine the old way ...
Real Estate/Development, Contracts
Landlords beware, the ripple effects of new security deposit regulations are coming
By David Greene, Joseph Kellener
New regulations regarding security deposits give tenants a lot more ammunition and give landlords greater responsibilities and...
Labor/Employment, Contracts
Noncompete agreements are a risky bet for businesses
By Kurt A. Kappes, Michael Wertheim
Failure to comply with amendments to California Business and Professions Code Section 16600 banning noncompetes may also give ...
Environmental & Energy, 9th U.S. Circuit Court of Appeals
The 9th Circuit's Top 10 Environmental Law Decisions of 2023
By Richard M. Frank
The Ninth Circuit is the second most influential court in the nation when it comes to environmental law and policy, behind onl...
Legal Education, Law Practice
Cultivating learning for new lawyers
By Mattheus E. Stephens
Law firm economics do not always add up to “training time.” Do it anyway. Not only is it our obligation to the profession, bui...
Technology, Intellectual Property
What’s ahead when AI and intellectual property converge
By David Lisson, Serge Voronov
As interest in AI intensified this year, so too did intellectual property litigation in the space. In 2024, AI regulation will...
Torts/Personal Injury
The Firefighter’s Rule remains a source of confusion
By Michael E. Rubinstein
The Firefighter’s Rule, which often bars firefighters’ injury claims, has many exceptions and won’t necessarily stomp out clai...
Law Practice, Ethics/Professional Responsibility
The ethics of quiet quitting: The professional perils of disengagement
By Wendy L. Patrick
The quiet quitting phenomenon has always existed, but has recently become popularized through social media sites – allowing bu...
In an opinion drafted by Justice Eileen Moore, the Court noted the tendency of parties responding to undisputed statements to ...
California Supreme Court
California Supreme Court Review: December 2023
By Andrew S. Ong, Ariel E. Rogers
The State Supreme Court’s major civil decisions in the last twelve months seem to underscore an overall bent on the parts of a...
Judges and Judiciary
Optimizing justice means the days should be long, but the trial short
By Meredith Osborn
If we want the jury system to survive, judges and lawyers will have to pull together to reduce the costs and increase the spee...
As two new laws take effect, California may see a new era of claims and proceedings. Lawyers must know how to navigate the cha...
Test of generative AI detects ability to accrue power, accomplish goals not concretely specified, and to deceive.
Alternative Dispute Resolution
Why mediation, and maybe your case, needs women
By Eydith Kaufman
Parties involved in construction defect or business contract litigation tend to look for male mediators, but they should consi...
Technology, Administrative/Regulatory
A green light for EU AI Act
By Robert Spano, Emily Lamm
The Artificial Intelligence Act, which will come into force early next year, is the most significant attempt to design a compr...
Mediations are rarely smooth sailing, and sometimes one side may appear incapable of moving toward the middle. Here are five s...
As Hunter Biden and his legal team mount a defense against nine counts of failing to file and pay taxes, tax evasion, and fili...
Civil Rights
Reverse discrimination analysis is likely to face a historical shift
By Carol Gillam, Sara Heum
In light of the recent decision under Students for Fair Admissions, Inc. v. President and Fellows of Harvard College an...
California Gov. Gavin Newsom has publicly referred to the state’s treatment of its native population as genocide, and Presiden...
Letters
Some superior court judges prefer the California Style Manual
By Helen E. Williams
Ascertain the preferences of the particular judge or court to whom your brief will be submitted prior to deciding whether to u...
Ethics/Professional Responsibility
Should arbitrators and mediators attend law firm Christmas parties?
By Jeff Kichaven
The answer? No. This coal-in-the-stocking advice grows out of Formal Opinion 2023-024 of the California Supreme Court Committe...
Guide to Legal Writing, Appellate Practice
Throwing the book at improper citations
By Zareh Jaltorossian
Most appellate lawyers have some writing pet peeve, but there is one failing deserving of universal condemnation! No, not usin...
Contracts
A rural water district, arsenic-laden drinking water, and a story you can’t make up
By Garret D. Murai
A rather bland legal decision - a local agency's violation of Public Contract Code section 20104.50(b) gives rise to a remedy ...
Labor/Employment, Contracts
Lessons learned when a termination goes sideways
By Leonid M. Zilberman
Sam Altman’s termination (and reinstatement) as CEO of OpenAI is a case study in the perils of “at-will” employment and avoidi...