Technology, Insurance
AI liability could be the new ‘superfund’ for insurance carriers
By Jeffrey Kravitz
Both insurers and insureds need to be transparent and diligent in assessing the risks and exposures of AI use and need to upda...
Civil Procedure, Civil Litigation
In a fees-as-damages case, a Rule 26 stipulation can protect draft reports and communications
By Ken Moscaret
Civil litigators in California Superior Court should consider stipulating to apply Rule 26 of the Federal Rules of Civil Proce...
U.C. Berkeley Law Dean Erwin Chemerinsky criticizes the Supreme Court’s conclusion but fails to acknowledge that Section 3 can...
Land Use
Recent changes to the Surplus Land Act promise streamlining and flexibility: Should public agencies rejoice?
By Catherine Nashed
The California Department of Housing and Community Development released its revised Draft Guidelines to the Surplus Land Act, ...
Land Use, Environmental & Energy
State Supreme Court must decide whether people are pollution under CEQA
By Brandon Kline
Assembly Bill 1307 exempts social noise from CEQA as a significant environmental impact and simplifies the process for univers...
Post-settlement disputes over taxes can occur, especially if the settlement agreement is silent or vague on tax reporting, wit...
Technology, Labor/Employment
Artificial intelligence and hiring bias raise real challenges
By Jack Schaedel
AI and DEI programs can have significant benefits for businesses and workers, depending on how carefully they are crafted and ...
Appellate Practice
'Forfeitures' on Appeal Part 2: Ensuring fairness to the parties
By Myron Moskovitz
The appellate court’s job is to apply the correct law and provide justice for the parties, regardless of the lawyers’ mistakes...
Many cases present two narratives, where no one is lying but the other side is not telling the truth. These are the cases wher...
Insurance
New Court of Appeal decision allows insureds to video record examinations under oath
By John D. Edson, Preston B. Bennett
A recent Court of Appeal ruling could create new challenges and uncertainties for insurers, such as a chilling effect on adjus...
Letters
Sen. Umberg’s legislation is a step towards fixing a gaping hole in the judicial system caused by ADR
By Louis A. Lipofsky
ADR has become a forced remedy for consumers, homeowners, and medical patients, resulting in a perversion of our judicial syst...
Intellectual Property
Artists beware: Royalty arrangements likely not terminable under Copyright Act
By Kyle P. O’Malley
The Copyright Act’s termination right does not undo royalty agreements, creating an emerging trend that allows authors and the...
Data Privacy
Non-banking financial institutions face increased data breach reporting obligations by FTC
By Daniel B. Garrie, David Shonka
An amendment to the FTC Safeguards Rule poses challenges and necessitates a strategic reevaluation of the data security and pr...
Remote work is becoming increasingly popular, with about 27% of Americans now working remotely. However, this trend comes with...
Intellectual Property
Navigating the complex, ever-shifting landscape of California trade secrets law
By John-Paul S. Deol
A recent trade secrets case between Applied Medical Distribution Corporation and its former employee, Stephen Jarrells, highli...
Land Use, Government, Environmental & Energy
San Francisco’s economic woes have nothing to do with CEQA
By Ruby Acevedo, Douglas P. Carstens
SB 1227 would erode public health and safety standards for San Francisco residents and set a dangerous precedent for California.
U.S. Supreme Court, Evidence
Connecting the dots on the admissibility of expert opinions on defendant’s intent
By Brian M. Hoffstadt
The U.S. Supreme Court will hear argument in Diaz v. United States, a case that will clarify the extent to which expert...
Civil Procedure, 9th U.S. Circuit Court of Appeals
Ninth Circuit confirms extraterritorial reach of federal WMD statutes and approves use of CIPA procedures
By Dmitry Gorin, Alan Eisner
The Ninth Circuit rejected the arguments of both parties and adopted a framework specific to criminal statutes, which consider...
Constitutional Law
Can campuses be safe for students and free speech?
By Michael Blacher, David Urban
Colleges and universities can avoid conflicts between free speech and anti-harassment rights, such as enforcing policies consi...
Corporate, Business Law, 9th U.S. Circuit Court of Appeals
Ninth Circuit upholds license requirement for business opportunity brokers
By B. Alexander Moghaddam
The Ninth Circuit affirmed that an unlicensed broker could not enforce a contract to sell a business opportunity in California...
Entertainment & Sports
Problems and solutions for the college athlete transfer portal
By Frank N. Darras
The best solution to the complex issues surrounding the transfer portal and the NIL rights is federal legislation that can pro...
Admiralty/Maritime, 9th U.S. Circuit Court of Appeals
Between ports: an admiralty decision in the Ninth Circuit presents an intriguing question of statutory interpretation
By Ashfaq G. Chowdhury
The Ninth Circuit had to decide whether a statute that prohibits liability waivers for vessels transporting passengers between...
Contracts, Construction
California court interprets ‘good faith dispute’ exception for prompt payment penalties
By Garret D. Murai
In a case of first impression, the 1st District Court of Appeals in California determined that a project owner’s claim for liq...
Securities
SEC seeks to extend insider trading law to 'shadow trading' in SEC v. Panuwat
By Austin L. Jackson
The new theory suggests that insider trading violations cover individuals who trade a company’s securities, not based on nonpu...
Torts/Personal Injury
A refresher on Dram Shop liability
By Reza Torkzadeh, Allen P. Wilkinson
California follows the common law rule that the sale or furnishing of alcoholic beverages to an intoxicated person is not the ...
The Supreme Court’s decision was unjustified based on the text and the original meaning of the Constitution and undermined the...
Alternative Dispute Resolution
The failure factor in successful trust mediation
By John H. Sugiyama
Trial can be an instrument of mediation, as it creates pressure and incentives for parties to negotiate and settle.
Letters
California appellate court misunderstood purpose of Racial Justice Act
By James P. McBride
The Racial Justice Act only applies to cases where there is evidence of exhibited bias, not implicit bias, and the appellate c...
There were 2.8 million Americans who served in Vietnam; 10,000 of them were women.
Ediscovery, Civil Litigation
Cards on the table: California’s new mandatory discovery regime
By Hannibal Huntley, Andrew Browning
SB 235 aims to improve efficiency and judicial economy by requiring parties to disclose relevant information early in the liti...
