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Ethics/Professional Responsibility

Evaluating claims and risks of hindsight

May 4, 2023
By Alanna G. Clair, Shari L. Klevens

Attorneys who fail to give a valuation its due consideration could create unnecessary risk in the event things go sideways.


Labor/Employment, California Supreme Court

Given the divergence in approaches on the "good faith" defense between Naranjo and Gola, the issue is ripe for p...


Tax, Insurance

Taxing insurance bad faith recoveries

May 3, 2023
By Robert W. Wood

It seems reasonable to believe that there are an increasing number of bad faith settlements and judgments. Not all involve goo...


Intellectual Property, Cannabis

Celebrity cannabis branding

May 3, 2023
By David Schnider

The lack of product consistency, market limitations, and even banking limitations all make celebrity brands in cannabis more d...


Technology, Law Practice

Do law firms fear AI for the right reasons?

May 3, 2023
By Daniel O’Rielly, Dena Roche

AI and the related potential for disruption is coming to law firms. This is good news for firms with a business culture of emb...


Judges and Judiciary, Appellate Practice

Not all judges have an affection for Amici

May 2, 2023
By Benjamin G. Shatz, Benjamin E. Strauss

Whether a particular court adopts the permissive or restrictive approach should not impact your amicus filings.


Military Law, Constitutional Law

The United States military’s dress code requirements preventing Sikhs from having beards and wearing turbans and religious art...


Government, Alternative Dispute Resolution

The proposed amendment would require that a mediator would be required to provide an additional explanation to parties that wh...


Law Practice

When we allow our personal opinions to influence our judgment, how fair or unfair are those personal opin...


Technology, Judges and Judiciary

Frankenstein’s Monster*

May 1, 2023
By Arthur Gilbert

Familiarity with literature and the humanities as a human, as opposed to an unthinking machine searching for words, is our tri...


U.S. Supreme Court, Constitutional Law

The Dust Bowl and the Supreme Court (Part I)

May 1, 2023
By John S. Caragozian

While the Supreme Court majority limited itself to the commerce clause, it recognized two important concepts in Edwards...


Judges and Judiciary

The nature, custom, and practice of opinion writing at the Supreme Court (and all other appellate courts as well) tells us how...


Judges and Judiciary

Every court is a drug court

May 1, 2023
By Daniel J. Healy

Treatment courts work. They work because they intelligently apply public health best-practices and clinical wisdom to help the...


Law Practice, Judges and Judiciary

Books on litigation tactics typically advise lawyers not to hide bad facts. Bring them out yourself - in your Statement of Fac...


The difference between SIRs and deductibles is that “the policy limits apply on top of the SIR,” but a deductible “reduces the...


Law Practice, Ethics/Professional Responsibility

A new era of trust accounting

Apr. 28, 2023
By David M. Majchrzak

It seems increasingly common to overhear conversations from lawyers about what to do when they cannot determine which funds be...


Technology, Alternative Dispute Resolution

Will AI or human neutrals decide your case?

Apr. 28, 2023
By Jonathan A. Goldstein

The “AI Neutral” will become a reality, so the legal industry might as well embrace it.


Books

Attorney-penned book about anti-semitism falls flat

Apr. 27, 2023
By Julie L. Kessler

A Jewish friend of his “with fine literary instincts and credentials,” knowing of Philip Slayton’s opinions said, “Don’t do it...


Constitutional Law, Cannabis

As California moves toward interstate cannabis commerce, and courts grapple with whether cannabis social equity provisions can...


Constitutional Law

The hermeneutics of honking

Apr. 26, 2023
By Ashfaq G. Chowdhury

The divide between the majority and dissent seems to be symptomatic of some murkiness in this area of First Amendment doctrine...


U.S. Supreme Court, Constitutional Law

Déjà Vu all over again

Apr. 26, 2023
By Michael M. Berger

If you are going to reach a decision contrary to the United States Supreme Court that is directly on the issue presented, how...


Under current law, victims have little recourse other than filing for Chapter 7 bankruptcy, which destroys their credit.


U.S. Supreme Court

High court hears important case on False Claims Act’s scienter requirement

Apr. 26, 2023
By Matthew D. Benedetto, Davina Pujari

The ramifications of a Supreme Court ruling on the Act’s scienter requirement could be far-reaching. Since its modernization i...


Torts/Personal Injury

Court applies the brakes to scooter company’s arguments

Apr. 25, 2023
By Michael E. Rubinstein

In ruling against Bird Rides, Inc., the Court of Appeal affirmed that scooter companies owe the public a general duty of care ...


Family, Ethics/Professional Responsibility

It is somewhat perplexing that many good family law attorneys recommend challenging a premarital agreement which is not in the...


Constitutional Law

The Fifth Circuit’s argument brushes aside the fact that millions of women have safely taken mifepristone without requiring me...


U.S. Supreme Court, Native Americans, Bankruptcy

The Supreme Court seemed genuinely perplexed as to why the Code was absent any language referencing Indians or Tribes.


Torts/Personal Injury, Government

Nobody should “treat” themselves to cancer

Apr. 25, 2023
By Vineet Dubey

A bill has been introduced that would ban certain additives found in foods commonly consumed by children. Although California ...


Technology, Judges and Judiciary

Why we write

Apr. 24, 2023
By Michael C. Kelley

Why AI programs will never come close to producing an opinion as elegant and enduring as Cardozo's Hynes v. N.Y. Cent <...


Wills, Estates & Trusts

The duty to account to named beneficiaries typically does not begin until the trust can no longer be revoked. (§ 16069(a).) A ...