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We invite the California Legislature to revisit Penal Code 261.5 in compliance with caljic 10.65, and Anderson, and to make th...


In response to the public’s concerns, the White House announced on Friday that several major technology companies have committ...



U.S. Supreme Court, Judges and Judiciary

Although there is a procedure to make a complaint about federal court judges, there is no mechanism to make a complaint about ...


U.S. Supreme Court, Alternative Dispute Resolution

Employers will not be able to escape PAGA liability simply by resolving individual Labor Code violations in arbitration. Thus,...



Constitutional Law, Alternative Dispute Resolution

There is reason to believe that additional arbitration carve-outs – for race, religion, disability and other forms of harassme...


California Supreme Court, Alternative Dispute Resolution

Employers should review and consider modifying their arbitration agreements to conform to the Adolph decision. They sho...



Health Care & Hospital Law, Civil Rights

That Cedars-Sinai Medical Center is facing a federal civil rights probe is no surprise. The hospital, and many others across t...


An item’s price tag is clearly an out-of-court statement. But must it be true in order to be relevant proof of the item’s valu...



Alternative Dispute Resolution

A well-timed mediation will present the best opportunity to resolve the case. Conversely, an ill-timed mediation can sometimes...


Legal skeptics have argued for years that this rule is easy to read, but hard to enforce.



California Supreme Court, Alternative Dispute Resolution

A recent court of appeal decision took aim at arbitration provisions seeking to limit injunctive awards to individuals – rathe...


Intellectual Property

A recent federal court decision illustrates the contours of derivative work protection and underscores the difficulty in estab...



Alternative Dispute Resolution

Special Masters, unlike judges, do not typically have a formal court docket, and as such, Special Masters can respond to reque...


Torts/Personal Injury, Administrative/Regulatory

Beginning in 2025, AB 1817 will prohibit the manufacture, distribution, sale or offer of textile articles containing PFAS. Thi...



The 2022 amendment to the Federal Arbitration Act exempts from mandatory arbitration far more than just sexual, gender and pre...


Law Practice, Criminal

Conflicts between the People and victims are common, and possible serious conflicts may appear at virtually every stage of a c...



Family, Alternative Dispute Resolution

The bottom line is that family matters are never simply about money. They’re about competing interests, hurt feelings, and som...


Civil Litigation, Bankruptcy

While there isn’t an insolvency requirement for filing bankruptcy, one must ponder why a solvent individual or entity would vo...



Civil Rights, Administrative/Regulatory

As the 60th anniversary of Title VII approaches, it is worth looking back at the judicial standards that have evolved, Califor...


Military Law

From 2018 through 2022, 69% of personnel cases involving VA employees included allegations of whistleblower retaliation. Durin...



U.S. Supreme Court, Constitutional Law

While the Groff decision constitutes a big change for Title VII religious accommodation claims, California laws and ru...


Alternative Dispute Resolution

Lawyers generally are not mathematicians; mistakes in their calculations are common. Rather than point out your opponent’s mis...



Risks associated with summer associate programs arise from the obligation to supervise the inexperienced newcomers, and firm-s...


U.S. Supreme Court, Intellectual Property

Trademark plaintiffs should lean on Jack Daniels Properties and the recent opinion in Hermès to defeat motions to dismiss and ...



Obituaries, Judges and Judiciary

For more than 30 years, I was enriched by Judge Arnold Gold’s friendship. He was a person of discriminating taste. He read all...



Technology

Given that large language models are not designed to extract information purely from traditionally reliable sources of legal a...


Alternative Dispute Resolution

In the West, we are expected to look people directly in the eye when speaking, which is counterintuitive to cultures with high...



Evidence

Grappling with evidence is as good as it gets – a sign that judges and lawyers want to get it right.


This rule has been a long time coming. According to the State Bar of California News Center, since 2010, California has twice ...