Technology
The humans win round one
Predictably, the widespread use of AI has led to numerous complex legal issues.
Government
California as a safe haven for red-state women
Under current California law, a woman only has to be present in the state and fleeing from domestic violence in order to seek ...
Litigation & Arbitration, Constitutional Law
Recent SCOTUS opinions on arbitration statutes
Absent truly ambiguous text, public policy arguments appear to be taking on a diminishing role. Then again, so has stare decisis.
Real Estate/Development, Government, Environmental & Energy
Take a sober look at California's worst-in-the-nation poverty rate and the shameful fact that the vast majority of our poor ar...
Law Practice, Appellate Practice
While “cash is king” and it is beneficial to be paid by someone who owes you money, you must recognize that under certain circ...
Education Law
It’s time for a name change at UC Hastings
Should AB 1936 pass and be signed by Governor Gavin Newsom, it will remove the taint of association with Serranus Hastings but...
Health Care & Hospital Law
The reality is that most people never hear about deceitful marketing practices or other bad acts of companies that put out dan...
Government
Why I love democracy and you should too
Democracy should be coveted for the equal opportunity it affords its citizens, but also for its track record of success.
Education Law, Civil Rights
The simple truth is that employers who create diverse and inclusive workplaces get sued less – and fewer claims mean lower leg...
Technology
No one can dispute that the internet is a fundamental part of community life.
Family
The current iteration of SB 1279 simply refers to a “person who lacks legal capacity to make decisions” rather than referring ...
Family
Introduction to Powers and Duties of Guardians Ad Litem
This article is intended to assist judges and practitioners in understanding when, how, and why to apply for appointment of a ...
Torts/Personal Injury, Land Use
Recreational land use immunity
By enacting Section 846, the legislature did not intend to immunize landowners from all liability for permissive and nonpermis...
Family
Law Practice, Appellate Practice
“Harvard to Hashtag” is a must-read for anyone thinking of starting or growing a law firm.
Ediscovery, Civil Litigation
SB 1149 forbids protective orders and confidential settlement agreements in any litigation involving alleged product defects o...
Litigation & Arbitration
The testimony of even the most well-prepared witness may prove useless – or worse, problematic – unless the advocate listens a...
Law Practice, Appellate Practice
Trial prep in 16 “easy” steps
Some lawyers make the mistake of focusing their entire trial preparation on the jury, and make the mistake of forgetting the j...
Law Practice, Government, Appellate Practice
Top twelve approaches for a better America
One of the extreme threats not only to our economy but to our physical safety is our return to dependence upon some pretty dan...
Technology, Judges and Judiciary, International Law
Stochastic Gradient Descent
Unlike your country, which has been slow to accept the gifts of big data and artificial intelligence (I still smart at that us...
Land Use
No liability for trivial defects in sidewalks
Whether a defect is trivial or not is determined by looking at all of the facts of the particular case.
Civil Litigation
The time is ripe for courts to take a new look at jurisdictional issues involving national corporations. The business landscap...
Environmental & Energy, Constitutional Law
The Framers knew that divisions of power between governments and their branches would promote individual liberty and they thus...
Law Practice, Appellate Practice
The Racial Justice Act and Young's broad interpretation force courts to squarely address racial bias in the system, and...
Law Practice, Appellate Practice
Great Workout Arthur
Because he failed to notify the court that held the probation violation hearing of defendant’s imprisonment within 30 days aft...
Insurance
There have been several lawsuits involving the use or storage of biometric information which have resulted in multi-million do...
Securities, Banking
With the stablecoin meltdown of early May, and the recent collapses of cryptocurrency hedge funds like Three Arrows Capital, t...
Law Practice, Appellate Practice
Anti-SLAPP motions and hearsay
The time for the plaintiff in Sanchez to fish or cut bait on admissible evidence should have come later - when and if t...
Law Practice, Appellate Practice
Mistrials and Good Cause to Excuse Jurors
The discharge and substitution of jurors rests within the sound discretion of the trial court. The decisions are reviewed on a...
Securities
Filing an S-3: Preparing for an open market window
A shelf can facilitate several different types of offerings including at-the-market offerings, equity lines of credits, block ...