Ediscovery, Alternative Dispute Resolution
Addressing the common objection that a question “calls for a fishing expedition,” the court in Norton v. Superior Court (1994)...
Technology, Constitutional Law
The Solicitor General argues that allowing for content-moderation would impermissibly allow States to “enhance their citizens’...
Environmental & Energy
The scale of the Inflation Reduction Act funding and its potential positive impact on communities is extraordinary. But many o...
Real Estate
Hopefully, stricter lending standards since the Great Recession mean commercial real estate lenders will not realize significa...
Family
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...
Family, Contracts
Why would the spousal support waiver be unenforceable when the rest of the prenuptial agreement is enforceable? The answer lie...
Evidence
How to do things with words
Verbal acts are generally not hearsay because these statements have actual effects and are therefore generally not introduced ...
Constitutional Law
Who gets to punish members of the National Guard?
Administrative/Regulatory
CARE Court, an acronym for Community Assistance, Recovery, and Empowerment, aspires to help those diagnosed with schizophrenia...
Family, Criminal
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
California Supreme Court Review: September 2023
Recent decisions have expanded potential liability under the California Unfair Competition Law and the California Fair Employm...
Judges and Judiciary
Queasy as ABC (Appellate Bias Committee)
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
Many decades ago, judges were more guarded about who they truly were as human beings. Today most are more willing to reveal th...
Administrative/Regulatory
From the start, the PPP loan program was destined for problems. Speed was prioritized over security, and conscious choices wer...
Securities, Administrative/Regulatory
New SEC rules create industry chaos
While the industry watches and waits for the outcome of the lawsuit filed by six trade associations against the SEC, private f...
Intellectual Property, Administrative/Regulatory
What practitioners need to know about the Google trial
The Google case is historically significant as the first major antitrust challenge against a tech company in over two decades,...
Administrative/Regulatory
A better solution than resurrecting SB 662 is on its way
If professional court reporters will not be producing the transcripts from recordings of court proceedings and gig transcriber...
Law Practice
Three key components to a healthy law firm
When it comes to fostering a healthy firm culture, it’s all about supporting favorable behaviors that not only support today’s...
Civil Litigation
Can Taylor Swift help prevent Nuclear Verdicts®?
Music’s biggest star can teach some lessons to the defense bar.
Administrative/Regulatory
Unique to the FCA's structure is the right of private citizens - often referred to as "relators" or "whistleblowers" - to purs...
Constitutional Law, Civil Rights
California and Florida have conflicting laws about gender-affirming care. The divide will likely be resolved by the conservati...
Intellectual Property
The artist, the spouse, and breach of fiduciary duty
Copyright law seeks to protect an individual’s freedom of expression. Ordering a sale of artistic property would seemingly def...
Criminal
Many people serving long sentences are also part of an aging population that is far less likely to reoffend, and costly to kee...
Judges and Judiciary
I don’t want to spoil the party, but . . .
If judges were to avoid all bar association events that were sponsored by law firms, their absence would adversely affect the ...
Judges and Judiciary
Currently, some districts divide their business geographically, so that a case filed in a particular division will only be hea...
California Courts of Appeal
This is the first time that any court has dealt with a settlement that is less than the 998 offer when the case involved a fee...
Labor/Employment, Administrative/Regulatory
California employers with workspaces that are prone to extreme heat, such as warehouses, may want to review newly-proposed Cal...
Alternative Dispute Resolution
Tell your story, but to a mediator
Outcomes in a courtroom are not sterile; they are the result of human beings assessing the motivations and actions of others. ...