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Torts/Personal Injury, Civil Litigation

Because it is a rule concerning the presentation of evidence and is not an independent ground of liability, a plaintiff cannot...


Torts/Personal Injury, Civil Litigation

Beyond the financial consequences of this settlement lie deeper and rather more unsettling questions about why Dominion agreed...



U.S. Supreme Court

The doctrine preserves Congress’ power while preventing courts from interpreting a statute in a particular way based on a thin...


The “genuine issue” or “genuine dispute” doctrine is a product of California case law. The doctrine has evolved and mutated ov...



Attorneys Paul Kiesel and Jeffrey Koncius of Kiesel Law LLP in Beverly Hills demonstrate a few ways you can use AI in the prac...


Torts/Personal Injury, Civil Litigation

While some commentators have characterized Judge Davis’ refusal to enter summary judgment on the “actual malice” element as a ...



Judges and Judiciary

Judicial officers are well-advised to avoid any type of conduct that has the potential not only to create a conflict of intere...


Technology, Law Practice

The client, who is in custody or sitting by themselves at counsel table, starts to talk to the Court about their case, their f...



Civil Procedure, California Supreme Court

If the Supreme Court decides that a court in a non-California forum is one of competent jurisdiction to rule on a motion to c...


Government, 9th U.S. Circuit Court of Appeals

The prospect of other judges in future cases similarly substituting their own judgment for FDA’s expert scientific determinati...



California Supreme Court

Our state high court exists to maintain consistency and clarity in the law – not to correct errors.


Family, Constitutional Law

Paint it black

Apr. 12, 2023

Juvenile dependency presents somewhat unique issues of mootness.



How "Responsible AI" practices in combination with ESG frameworks can be applied both to mitigate risk and support a corporat...


Government, Criminal

Trump’s greatest deal

Apr. 11, 2023

Trump is a dealmaker and he may yet be able to make his greatest deal of all. The election cycle is just around the corner – o...



Technology, Law Practice

ChatGPT proved to be a liar and a literary fraud in my very first interaction with him, ah … it. How very human. There are man...


Judges and Judiciary

The perils of politics

Apr. 7, 2023

Attorneys – as ambassadors of the courts, please work to help educate others on the importance of judicial independence and ke...



Technology, Law Practice

The ChatGPT moment is not the moment when we decide whether a computer can replace the legal profession. That debate is...


Obituaries, Judges and Judiciary

At judge’s meetings, in fact, at any gathering, when Norm (Justice Norman Epstein) spoke, everyone listened. I remember the fi...



Government, Civil Rights

In 2019, the Trump administration rewrote the Title IX rules via a formal rulemaking process. Schools no longer had an affirma...


Torts/Personal Injury, Government, Civil Litigation

The legislature should make the change permanent, because doing so is both just and feasible.



Alternative Dispute Resolution

A Few Good Mediators

Mar. 30, 2023

While the mediator’s job is not to evaluate the case, the best mediators help the parties adjust their altitudes, bringing the...


Year in Review Column, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

In 2022, the Ninth Circuit’s notable FCA rulings included one interpretation and application of the FCA’s scienter requirement...



Securities

Taking the time to make the eligibility determination and prepare the necessary filings will provide a company with the advant...


The Taxpayer Protection and Government Accountability Act has gathered sufficient signatures to be placed on the California st...



The crime-fraud exception stems from a letter Trump’s legal team sent to the Department of Justice that was arguably used in f...


State Bar & Bar Associations, Law Practice

Several members of the Blue Ribbon Commission missed as many as a quarter of the meetings, and the absenteeism rate was highes...



Alternative Dispute Resolution

Studies show that doctors who give apologies in serious medical malpractice claims pay less to settle their claims compared to...


Insurance carriers have declined coverage on the basis of the Fraudulent Instructions Exclusion, presumably arguing that the r...



Government, Civil Rights

Government speech seems like a relatively simple doctrine, and yet its simplicity can be deceiving, especially in the context ...


Government, Criminal

The recently published report of the Jan. 6 committee includes sworn testimony that strongly supports a criminal prosecution o...