Technology, Administrative/Regulatory
In response to the public’s concerns, the White House announced on Friday that several major technology companies have committ...
U.S. Supreme Court, Judges and Judiciary
Although there is a procedure to make a complaint about federal court judges, there is no mechanism to make a complaint about ...
U.S. Supreme Court, Alternative Dispute Resolution
Employers will not be able to escape PAGA liability simply by resolving individual Labor Code violations in arbitration. Thus,...
Constitutional Law, Alternative Dispute Resolution
Older workers may get a broad arbitration carve-out
There is reason to believe that additional arbitration carve-outs – for race, religion, disability and other forms of harassme...
California Supreme Court, Alternative Dispute Resolution
Employers should review and consider modifying their arbitration agreements to conform to the Adolph decision. They sho...
Health Care & Hospital Law, Civil Rights
That Cedars-Sinai Medical Center is facing a federal civil rights probe is no surprise. The hospital, and many others across t...
An item’s price tag is clearly an out-of-court statement. But must it be true in order to be relevant proof of the item’s valu...
A well-timed mediation will present the best opportunity to resolve the case. Conversely, an ill-timed mediation can sometimes...
State Bar & Bar Associations
Legal skeptics have argued for years that this rule is easy to read, but hard to enforce.
California Supreme Court, Alternative Dispute Resolution
California Supreme Court Review: June 2023
A recent court of appeal decision took aim at arbitration provisions seeking to limit injunctive awards to individuals – rathe...
A recent federal court decision illustrates the contours of derivative work protection and underscores the difficulty in estab...
Special Masters, unlike judges, do not typically have a formal court docket, and as such, Special Masters can respond to reque...
Torts/Personal Injury, Administrative/Regulatory
“Forever chemicals” shouldn’t be hidden
Beginning in 2025, AB 1817 will prohibit the manufacture, distribution, sale or offer of textile articles containing PFAS. Thi...
Labor/Employment, Alternative Dispute Resolution
The 2022 amendment to the Federal Arbitration Act exempts from mandatory arbitration far more than just sexual, gender and pre...
Conflicts between the People and victims are common, and possible serious conflicts may appear at virtually every stage of a c...
Family, Alternative Dispute Resolution
The bottom line is that family matters are never simply about money. They’re about competing interests, hurt feelings, and som...
While there isn’t an insolvency requirement for filing bankruptcy, one must ponder why a solvent individual or entity would vo...
As the 60th anniversary of Title VII approaches, it is worth looking back at the judicial standards that have evolved, Califor...
From 2018 through 2022, 69% of personnel cases involving VA employees included allegations of whistleblower retaliation. Durin...
U.S. Supreme Court, Constitutional Law
While the Groff decision constitutes a big change for Title VII religious accommodation claims, California laws and ru...
Lawyers generally are not mathematicians; mistakes in their calculations are common. Rather than point out your opponent’s mis...
Risks associated with summer associate programs arise from the obligation to supervise the inexperienced newcomers, and firm-s...
U.S. Supreme Court, Intellectual Property
Trademark plaintiffs should lean on Jack Daniels Properties and the recent opinion in Hermès to defeat motions to dismiss and ...
For more than 30 years, I was enriched by Judge Arnold Gold’s friendship. He was a person of discriminating taste. He read all...
Letters
Given that large language models are not designed to extract information purely from traditionally reliable sources of legal a...
In the West, we are expected to look people directly in the eye when speaking, which is counterintuitive to cultures with high...
Grappling with evidence is as good as it gets – a sign that judges and lawyers want to get it right.
California Supreme Court
This rule has been a long time coming. According to the State Bar of California News Center, since 2010, California has twice ...
Alternative Dispute Resolution
When negotiations stall, it can be due to a reluctance to explore one’s own interests and motivations or insufficient confiden...