A comparison of ChatGPT and Bard, and a discussion about the usefulness and limitations of each. By Paul Kiesel and Jeffrey Ko...
While some commentators have characterized Judge Davis’ refusal to enter summary judgment on the “actual malice” element as a ...
Judicial officers are well-advised to avoid any type of conduct that has the potential not only to create a conflict of intere...
The client, who is in custody or sitting by themselves at counsel table, starts to talk to the Court about their case, their f...
If the Supreme Court decides that a court in a non-California forum is one of competent jurisdiction to rule on a motion to c...
Government, 9th U.S. Circuit Court of Appeals
The prospect of other judges in future cases similarly substituting their own judgment for FDA’s expert scientific determinati...
Our state high court exists to maintain consistency and clarity in the law – not to correct errors.
Juvenile dependency presents somewhat unique issues of mootness.
How "Responsible AI" practices in combination with ESG frameworks can be applied both to mitigate risk and support a corporat...
Trump is a dealmaker and he may yet be able to make his greatest deal of all. The election cycle is just around the corner – o...
ChatGPT proved to be a liar and a literary fraud in my very first interaction with him, ah … it. How very human. There are man...
Attorneys – as ambassadors of the courts, please work to help educate others on the importance of judicial independence and ke...
The ChatGPT moment is not the moment when we decide whether a computer can replace the legal profession. That debate is...
At judge’s meetings, in fact, at any gathering, when Norm (Justice Norman Epstein) spoke, everyone listened. I remember the fi...
In 2019, the Trump administration rewrote the Title IX rules via a formal rulemaking process. Schools no longer had an affirma...
Torts/Personal Injury, Government, Civil Litigation
The legislature should make the change permanent, because doing so is both just and feasible.
While the mediator’s job is not to evaluate the case, the best mediators help the parties adjust their altitudes, bringing the...
Year in Review Column, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
In 2022, the Ninth Circuit’s notable FCA rulings included one interpretation and application of the FCA’s scienter requirement...
Taking the time to make the eligibility determination and prepare the necessary filings will provide a company with the advant...
With the advent of the Internet and smartphones, the availability of video content has propagated exponentially over the last...
The Taxpayer Protection and Government Accountability Act has gathered sufficient signatures to be placed on the California st...
Ediscovery, Criminal
The crime-fraud exception stems from a letter Trump’s legal team sent to the Department of Justice that was arguably used in f...
State Bar & Bar Associations, Law Practice
Several members of the Blue Ribbon Commission missed as many as a quarter of the meetings, and the absenteeism rate was highes...
Studies show that doctors who give apologies in serious medical malpractice claims pay less to settle their claims compared to...
Insurance carriers have declined coverage on the basis of the Fraudulent Instructions Exclusion, presumably arguing that the r...
Government, Civil Rights
Government speech seems like a relatively simple doctrine, and yet its simplicity can be deceiving, especially in the context ...
The recently published report of the Jan. 6 committee includes sworn testimony that strongly supports a criminal prosecution o...
We are speaking openly about the State Bar’s mistakes to underscore our deep commitment to being both transparent and accounta...
Expert Advice, Alternative Dispute Resolution
A forensic neutral and how to use them effectively
Forensic neutrals play an essential role in safeguarding the accuracy and impartiality of investigations.