Criminal
We invite the California Legislature to revisit Penal Code 261.5 in compliance with caljic 10.65, and Anderson, and to make th...
Technology, Administrative/Regulatory
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
Older workers may get a broad arbitration carve-out
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...
Evidence
How much is that doggie in the window?
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
Timing is everything when mediating a case
A well-timed mediation will present the best opportunity to resolve the case. Conversely, an ill-timed mediation can sometimes...
State Bar & Bar Associations
Legal skeptics have argued for years that this rule is easy to read, but hard to enforce.
California Supreme Court, Alternative Dispute Resolution
California Supreme Court Review: June 2023
A recent court of appeal decision took aim at arbitration provisions seeking to limit injunctive awards to individuals – rathe...
Intellectual Property
Copyright: rights even heroes can’t protect
A recent federal court decision illustrates the contours of derivative work protection and underscores the difficulty in estab...
Alternative Dispute Resolution
When to use a discovery special master
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
“Forever chemicals” shouldn’t be hidden
Beginning in 2025, AB 1817 will prohibit the manufacture, distribution, sale or offer of textile articles containing PFAS. Thi...
Labor/Employment, Alternative Dispute Resolution
The 2022 amendment to the Federal Arbitration Act exempts from mandatory arbitration far more than just sexual, gender and pre...
Law Practice, Criminal
An easier route to disqualification of prosecutors
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
Geeking out on live J&J/LTL bankruptcy hearings
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
Sexual harassment offensive conduct continues
As the 60th anniversary of Title VII approaches, it is worth looking back at the judicial standards that have evolved, Califor...
Military Law
Retaliation is the order of the day
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
Tips for mediating your next wage and hour case
Lawyers generally are not mathematicians; mistakes in their calculations are common. Rather than point out your opponent’s mis...
Law Practice
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
Goodbye and Hello to Judge Arnold Gold
For more than 30 years, I was enriched by Judge Arnold Gold’s friendship. He was a person of discriminating taste. He read all...
Letters
Technology
Large language models loom large
Given that large language models are not designed to extract information purely from traditionally reliable sources of legal a...
Alternative Dispute Resolution
Cross-border conflicts: mediating across cultures
In the West, we are expected to look people directly in the eye when speaking, which is counterintuitive to cultures with high...
Evidence
Logos, dumbbells, and hearsay
Grappling with evidence is as good as it gets – a sign that judges and lawyers want to get it right.
California Supreme Court
This rule has been a long time coming. According to the State Bar of California News Center, since 2010, California has twice ...