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U.S. Supreme Court, Torts/Personal Injury


Even if the results AI achieves are helpful, its use may foster the atrophy of the human creative brain. If this happens, our ...


Ediscovery, California Supreme Court


If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the gro...


Insurance company wrongfully conflates duty to defend with insured’s potential liability in third party action. On appeal, the...


Legal professionals practicing in the cryptocurrency sector must keep jurisdictional challenges in mind, particularly when dea...


Land Use, Government


Lower Division States’ agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in...


Military Law


Veteran’s failed suicide led to monumental changes in California’s prisons for incarcerated veterans.


Alternative Dispute Resolution, Administrative/Regulatory


The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore ...


U.S. Supreme Court, Intellectual Property


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...


With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the Cali...


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...


While Texas, Illinois, and Washington are currently the only states with dedicated biometric privacy laws, many states have ex...


U.S. Supreme Court, Constitutional Law


Et tu, Bruton?

May 17, 2023

The 1968 decision in Bruton v. United States – which acts as a defensive shield for defendants – has witnessed a slow erosion ...


Expert opinions rife with methodological issues could result in a complete dismissal of the litigation.


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...


California Supreme Court


Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger cove...


The painting’s subject matter and its centerpiece-placement at Crow’s private luxury resort show not just the importance of th...


Alternative Dispute Resolution


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...


Military Law, Constitutional Law


The United States military’s dress code requirements preventing Sikhs from having beards and wearing turbans and religious art...


Technology, Judges and Judiciary


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...