The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions,...
Wills, Estates & Trusts
In Haggerty v. Thornton, the Supreme Court followed the dissenting opinion from King v. Lynch -- that any method for revocatio...
U.S. Supreme Court
Edward Blum’s attacks on the philanthropy sector could have serious consequences for the funding of programs that aim to incre...
Private judges can streamline the process and provide more attention to complex cases. However, they also create a two-tier sy...
Mediators sometimes have to deliver unpleasant messages to the parties in a dispute, such as the risks of going to trial or th...
Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threat...
SB 235 aims to reduce delay and litigation costs by requiring parties to disclose certain basic information early in the litig...
Most insurance documents explain how standard homeowners policies in California exclude losses caused by floods or earth movem...
Legal practitioners who oversee cases involving children with disabilities must be aware of the state and federal laws and reg...
Mediation is an art, not a science, and successful mediators need to have a range of skills and abilities.
Alternative Dispute Resolution
Arbitration is a more economical and expedient way to resolve issues than litigation, but the scope of discovery depends on th...
The Act may not deter criminals from using shell companies and may also impose a burden on legitimate businesses and expose th...
Two stories highlight the challenges and failures of the child welfare system, and how families are often separated and trauma...
Torts/Personal Injury
Section 377.34 now allows recovery for pain, suffering, and disfigurement damages in survival actions filed between Jan. 1, 20...
Environmental & Energy, Class Action
Businesses that fail to comply with new disclosure laws may face lawsuits from consumers who allege that they have been misled...
The lower life expectancy of certain groups, such as Hispanic males, can affect the economic value of life care plans and othe...
California Supreme Court
The California Supreme Court ruled that trial courts cannot dismiss PAGA claims solely for manageability reasons, but they can...
Wills, Estates & Trusts, Alternative Dispute Resolution
Mediating estate issues around an empty chair
Estate disputes can be emotionally and legally complex. A mediator can help parties find a satisfactory resolution by listenin...
Securities
What is the SEC so afraid of?
The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission...
Alternative Dispute Resolution
Unraveling the Gordian Knot of damages
Damages are often the most difficult and overlooked aspect of mediation. Parties should analyze them early and realistically.
Civil Procedure, Civil Litigation
Comments on Federal Rule of Civil Procedure 16.1
The Advisory Committee on Civil Rules is accepting public comment on Proposed Rule 16.1, which aims to streamline and improve ...
Civil Rights
Instead of automatically applying McDonnell Douglas to disability discrimination cases, both courts and counsel should ...
U.S. Supreme Court
Deepfake culture, the First Amendment and child pornography legislation are still at odds, but the proliferation of AI content...
Technology
It would be premature to label AI a danger to the legal profession or useless altogether. While we should not blindly cite ima...
Technology
It’s all Verdi’s fault
Here are two awkward moments that occurred at the Music Center in Los Angeles. I could have been arrested.
Military Law
For four years every cadet at West Point refused to acknowledge his presence. At his 1936 graduation, General John J. Pershing...
Labor/Employment
US Department of Labor rule changes slated to go into effect March 11 are sure to have a significant impact on businesses acro...
Alternative Dispute Resolution
In light of the ongoing confusion surrounding the definitions of “arise” and “accrue” for purposes of applying the EFAA’s arbi...
Alternative Dispute Resolution
Arbitrator disclosure: designed to ensure fairness
Disclosure is required whenever a reasonable, informed person could entertain doubts about the arbitrator’s impartiality.
State Bar & Bar Associations
While the revised Rule does not address incivility within organizations, it is important to note that lawyers who are uncivil ...