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Insurance, Contracts


There is no easy solution and there are competing interests creating a constant political “tug of war.” Only time will tell ho...


Judges and Judiciary


An open letter to the widow and son of murdered Family Law Judge Andrew Wilkinson of Hagerstown, Maryland.


Every other jurisdiction has in place a version of American Bar Association Model Rule 8.3, and California’s rule includes the...


Technology, Intellectual Property


Because of the way that streaming services compensate artists, there is a real concern that a flood of AI-generated content wi...


Environmental & Energy, Administrative/Regulatory


While SB 253 and SB 261 are similar to the Securities and Exchange Commission’s (SEC) proposed emissions disclosure rules that...


State Bar & Bar Associations


The most common ways your Client Trust Accounts may be compromised from both internal and external sources, and how to help pr...


Technology, Expert Advice


How AI technology is transforming the legal landscape and holding unsavory experts accountable.


Alternative Dispute Resolution


Arbitration may not be perfect, but it can provide significant value to litigants and the judicial system overall, taking burd...


Domestic violence restraining orders based on disturbing emotional calm should be subject to a reasonableness standard.


Rule 8.3 has the right intent, and one must not fault the powers that be for trying to take a meaningful step to curb unethica...


U.S. Supreme Court, Alternative Dispute Resolution


The issue might sound like a geeky question of statutory interpretation, but it has substantial real-world implications for wo...


The state has enough tools to address our homelessness crisis without seeking the Supreme Court's intervention to allow for ci...


State Bar & Bar Associations


Attorneys have a duty to perform legal services with competence, which includes a nondelegable duty to oversee and properly ac...


Apart from a discovery sanctions motion, it is difficult to imagine when a court would be the proper tribunal for Rule 8.3 rep...


Ediscovery, Alternative Dispute Resolution


Addressing the common objection that a question “calls for a fishing expedition,” the court in Norton v. Superior Court (1994)...


The Solicitor General argues that allowing for content-moderation would impermissibly allow States to “enhance their citizens’...


The scale of the Inflation Reduction Act funding and its potential positive impact on communities is extraordinary. But many o...


Hopefully, stricter lending standards since the Great Recession mean commercial real estate lenders will not realize significa...


Labor/Employment


Workers are now more ready to strike than they have been in recent decades. In addition, younger and more activist leaders are...


Contrary to the globalization of communication, education, and trade, there is no universal definition or acceptance of “Major...


U.S. Supreme Court, Constitutional Law, Civil Rights


Redistricting is too often manipulated to discriminate against communities of color, advantage one political party over anothe...


Why would the spousal support waiver be unenforceable when the rest of the prenuptial agreement is enforceable? The answer lie...


Evidence


Verbal acts are generally not hearsay because these statements have actual effects and are therefore generally not introduced ...


Constitutional Law



Health Care & Hospital Law, Administrative/Regulatory


CARE Court, an acronym for Community Assistance, Recovery, and Empowerment, aspires to help those diagnosed with schizophrenia...


Contrary to what we see on television, there is no waiting period to report a missing person. This includes a child that is il...


California Supreme Court


Recent decisions have expanded potential liability under the California Unfair Competition Law and the California Fair Employm...


Judges and Judiciary


Raising issues of judicial or court bias is understandably uncomfortable, especially for those who have to continue to live an...


Labor/Employment, Contracts


Did the perfect storm of general labor changes, economic distress, and a protracted strike create fair winds for the WGA to re...


Judges and Judiciary


Times, they changed

Oct. 2, 2023

Many decades ago, judges were more guarded about who they truly were as human beings. Today most are more willing to reveal th...