U.S. Supreme Court, Torts/Personal Injury
Fear and trembling with apologies to Kierkegaard
Even if the results AI achieves are helpful, its use may foster the atrophy of the human creative brain. If this happens, our ...
If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the gro...
Torts/Personal Injury, Insurance
Insurance company wrongfully conflates duty to defend with insured’s potential liability in third party action. On appeal, the...
Civil Procedure, Alternative Dispute Resolution
Legal professionals practicing in the cryptocurrency sector must keep jurisdictional challenges in mind, particularly when dea...
Lower Division States’ agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in...
Veteran’s failed suicide led to monumental changes in California’s prisons for incarcerated veterans.
Alternative Dispute Resolution, Administrative/Regulatory
Tips to streamline settlement of CEQA lawsuits
The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore ...
Some Observations on Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.
An attorney used generative artificial intelligence to write a pleading. What followed was a lawyer's worst nightmare. By Pau...
Companies should use the available transition period to establish their disclosures, benchmark against peers and be nimble eno...
Environmental & Energy, Administrative/Regulatory
The In-Use Locomotive Regulation is the first of its kind in terms of state regulation of in-use locomotives. But the regulati...
U.S. Supreme Court, Criminal
The Supreme Court issued two opinions limiting the reach of the federal fraud statutes and eliminating often-used theories fro...
U.S. Supreme Court, Intellectual Property
The decision, which affirms the 2nd Circuit’s findings in the landmark copyright case, rebalances the fair use doctrine to pla...
Real Estate/Development
With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the Cali...
Constitutional Law
As a former federal prosecutor, a constitutional law scholar and a former judge, we believe the Court made the right decision....
California Courts of Appeal, Alternative Dispute Resolution
This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate ju...
Technology, Data Privacy
While Texas, Illinois, and Washington are currently the only states with dedicated biometric privacy laws, many states have ex...
The 1968 decision in Bruton v. United States – which acts as a defensive shield for defendants – has witnessed a slow erosion ...
Expert Advice, California Courts of Appeal
Expert opinions rife with methodological issues could result in a complete dismissal of the litigation.
U.S. Supreme Court, Constitutional Law
For litigators looking to challenge state regulations that reach into the affairs of other states, the most profound insight c...
Contracts, California Courts of Appeal
Recent California Appeals Court decisions reveal that although COVID-19 certainly classified as a force majeure, individualize...
Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance ca...
Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger cove...
Judges and Judiciary
The painting’s subject matter and its centerpiece-placement at Crow’s private luxury resort show not just the importance of th...
The behind-the-scenes negotiations between Fox News and Dominion Voting Systems ended up accomplishing far more, in terms of a...
Class settlements often involve unique deal terms that can implicate counsel's ethical obligations. Two areas that have been t...
The United States military’s dress code requirements preventing Sikhs from having beards and wearing turbans and religious art...
Familiarity with literature and the humanities as a human, as opposed to an unthinking machine searching for words, is our tri...
The nature, custom, and practice of opinion writing at the Supreme Court (and all other appellate courts as well) tells us how...