Constitutional Law
The troubling implications of the Supreme Court's transgender athlete decision
By Erwin Chemerinsky
The U.S. Supreme Court's decision upholding West Virginia's ban on transgender girls participating in girls' sports continues ...
AI will dramatically increase litigation productivity for lawyers and self-represented parties alike, but without investment, ...
Civil Procedure
The limits of inadvertent disclosure
By Sanford Jay Rosen, Ernest Galvan
The 4th District draws a clearer line on inadvertent disclosures, holding that only obviously privileged or work product mater...
Class Action
Cortina serves as a cautionary tale in the use of representative evidence
By Phillip J. Ebsworth, Gina Gi
The Fifth Appellate District's decision in Cortina v. North American Title Company reaffirms Duran while signali...
Securities
Supreme Court bars implied private right of action under Investment Company Act
By Joshua D.N. Hess
The ruling delivers a significant victory for the registered investment industry, sharply limiting the ability of activist sha...
Consumer Protection Law
Service charges under fire: Navigating a new wave of hospitality litigation
By Amanda K. Monroe
Hospitality businesses are facing growing legal exposure over service charges as courts, regulators and consumers increasingly...
As courts grow increasingly impatient with meritless litigation, attorneys who cross the line from tenacious advocacy to frivo...
From a tax viewpoint, condemnation recoveries can trigger taxable gain, but Section 1033 of the Internal Revenue Code may allo...
PFAS: Forever chemicals with forever litigation?
By Joshua W. Praw, Gray H. Harlan
The same chemical properties that made PFAS commercially valuable have also created long-tail risks for manufacturers, insurer...
How not to split a baby: On 'Solomonic' decisions
By Ashfaq G. Chowdhury
The Judgment of Solomon produced enduring legal metaphors, but neither "splitting the baby" nor "Solomonic" means quite what l...
Health Care, Pharmaceuticals, Biotech
California's prior authorization remodel begins
By Henry Norwood
California's new prior authorization law does more than limit insurers' use of prior authorization--it gives the Department of...
Twenty years of practicing criminal law has offered lessons that extend well beyond the courtroom, shaping my views on advocac...
Immigration
Les Misérables, Aujourd'hui: Trump immigration policies create the 'scofflaws' they condemn
By Sergio A. Perez, Lizbeth Iniguez
Trump administration immigration policies are not merely enforcing the law--they are reshaping immigrant behavior in ways that...
Health Care, Pharmaceuticals, Biotech
California corporate practice doctrines after the Carbon Health settlement: Enforcement is evolving, not the law
By Shalyn S. Watkins
The Carbon Health settlement does not change California's corporate practice of medicine doctrine. It signals a more aggressiv...
Administrative/Regulatory
Can the Administrative Procedure Act limit rapid executive policy change?
By Stephen Kaus
The Administrative Procedure Act requires agencies to engage in reasoned decision-making before changing policy. Recent cases ...
Wills, Estates & Trusts
Can a will discriminate when the dead hand controls the future?
By Clifford Klein
California strongly protects testamentary freedom, but wills and trusts that discriminate on the basis of race, religion or ot...
Wills, Estates & Trusts
Beyond the family home: The Great Wealth Transfer and the rise of stewardship - part one
By Holly Gilani, Barry Resnick
The Great Wealth Transfer is shifting estate planning from simply transferring assets to preparing future generations to gover...
Health Care, Pharmaceuticals, Biotech
Health care fraud is surging, and enforcement is racing to keep up
By Derrelle Janey, John G. Moon
California has emerged as a major focal point in the healthcare fraud crisis, with regulators targeting a surge of sham hospic...
Torts/Personal Injury
The overlooked safety decisions behind serious truck crashes
By Daniel W. Munley
The U.S. Supreme Court's May decision in Montgomery v. Caribe Transport II LLC has ...
Ethics/Professional Responsibility
McGrath: Potential conflicts can void engagement agreements
By Brandon L. Winchel
McGrath underscores the importance of identifying and disclosing potential conflicts of interest at the outset of a rep...
As AI rapidly transforms litigation practice, boutique firms face a pivotal choice: embrace the technology with caution or ris...
If AI delivers a brief faster and cheaper, why do we need the lawyer at all? One litigant has already decided we don't.
Technology
K.G.M. verdict tests limits of Section 230 and platform design liability
By Samer Habbas
The K.G.M. case highlights a shift from content-based immunity under Section 230 toward negligent design theories, expe...
Labor/Employment
Remote work isn't a default disability accommodation
By Michael W.M. Manoukian
Recent FEHA and ADA rulings confirm that remote work isn't an automatic disability accommodation. Courts still require employe...
Birthright citizenship remains constitutional law, and for millions of California families in mixed-status households, that ru...
Torts/Personal Injury
The rise of private policing and the future of tort liability
By K. Chike Odiwe
As California tallies 32,000 arrests and $260 million in recovered merchandise, a largely overlooked consequence is taking sha...
Space Law/Aviation/Aerospace
The United States Space Force: The 6th branch
By Eileen C. Moore
The Space Force is more than America's newest military branch--it was created to protect the space systems that support both n...
From a judge's observation that truth has a "ring" emerges a meditation on memory, credibility, and why authentic testimony co...
Ethics/Professional Responsibility
Licensed in Illinois, untouchable in California: The extraordinary career of Sidney Korshak
By William M. Paparian
Sidney Roy Korshak was an Illinois-licensed lawyer who never practiced in California yet became one of Los Angeles's most infl...
Family
Custody disputes increasingly cross borders in California family courts
By Noel E. Guth
California family courts are increasingly being asked to resolve custody disputes that span countries, languages and cultures-...