Parties need to educate themselves about the penalties and procedures under PAGA, the difference between statutory and civil p...
A gripping and authentic non-fiction book sheds light on ‘the Troubles’ in Northern Ireland
By Mark W. Hansen
‘Above the Ground’ by Dan Lawton is a gripping non-fiction book that educates readers about the conflict in Northern Ireland d...
ByteDance, the owner of TikTok, has to decide whether to sell the company, risk a government ban, or go public in the face of ...
Technology
TikTok deserves the same treatment as its US-based competitors
By Xinying Huang
Banning TikTok would erode users’ confidence in the government, tarnish America’s reputation for freedom of expression, and tr...
Constitutional Law
The decision may have been unanimous, but many issues went unaddressed
By Philip M. Howe
The decision leaves open many questions about the meaning and implementation of Section 3, especially the criteria of “congrue...
Technology, Torts/Personal Injury
AI self-driving cars present a host of new legal issues
By Mark A. Neubauer
The approval of Google’s WAYMO self-driving taxis in Southern California raises legal issues involving safety, liability, and ...
Torts/Personal Injury
Understanding accidental shootings and their causes
By Michael C. MacNeil
Unintentional shootings are profound tragedies that leave an indelible impact on many lives, and can result from improper stor...
Constitutional Law, Labor/Employment, U.S. Supreme Court
LePage Bakery case: Supreme Court hears argument on FAA Transportation Exemption
By Rex Darrell Berry
The Supreme Court justices asked questions about the historical reasons for the FAA’s exemption, the relevance of the exemptio...
Government, Technology
California continues wave of artificial intelligence legislation
By Kevin J. White, Jesse Borja
AB 2930 aims to prevent algorithmic discrimination by imposing various requirements on developers and users of AI systems that...
Larry H. Parker passed away earlier this month, leaving behind a legacy of fighting for the rights of the injured. He was reme...
Letters
Los Angeles should be ashamed on National Public Defender Day
By Garrett Miller
Los Angeles County is failing to provide adequate legal defense for the accused due to high caseloads and staff shortages.
Ethics/Professional Responsibility, Torts/Personal Injury
Confidentiality and common carriers – the Boeing fiasco
By Carol M. Langford
The confidentiality rule for lawyers, which allows but does not require disclosure of information to prevent death or substant...
Insurance, Technology
AI liability could be the new ‘superfund’ for insurance carriers
By Jeffrey Kravitz
Both insurers and insureds need to be transparent and diligent in assessing the risks and exposures of AI use and need to upda...
Civil Litigation, Civil Procedure
In a fees-as-damages case, a Rule 26 stipulation can protect draft reports and communications
By Ken Moscaret
Civil litigators in California Superior Court should consider stipulating to apply Rule 26 of the Federal Rules of Civil Proce...
U.C. Berkeley Law Dean Erwin Chemerinsky criticizes the Supreme Court’s conclusion but fails to acknowledge that Section 3 can...
Land Use
Recent changes to the Surplus Land Act promise streamlining and flexibility: Should public agencies rejoice?
By Catherine Nashed
The California Department of Housing and Community Development released its revised Draft Guidelines to the Surplus Land Act, ...
Environmental & Energy, Land Use
State Supreme Court must decide whether people are pollution under CEQA
By Brandon Kline
Assembly Bill 1307 exempts social noise from CEQA as a significant environmental impact and simplifies the process for univers...
Post-settlement disputes over taxes can occur, especially if the settlement agreement is silent or vague on tax reporting, wit...
Labor/Employment, Technology
Artificial intelligence and hiring bias raise real challenges
By Jack Schaedel
AI and DEI programs can have significant benefits for businesses and workers, depending on how carefully they are crafted and ...
Appellate Practice
'Forfeitures' on Appeal Part 2: Ensuring fairness to the parties
By Myron Moskovitz
The appellate court’s job is to apply the correct law and provide justice for the parties, regardless of the lawyers’ mistakes...
Many cases present two narratives, where no one is lying but the other side is not telling the truth. These are the cases wher...
Insurance
New Court of Appeal decision allows insureds to video record examinations under oath
By John D. Edson, Preston B. Bennett
A recent Court of Appeal ruling could create new challenges and uncertainties for insurers, such as a chilling effect on adjus...
Letters
Sen. Umberg’s legislation is a step towards fixing a gaping hole in the judicial system caused by ADR
By Louis A. Lipofsky
ADR has become a forced remedy for consumers, homeowners, and medical patients, resulting in a perversion of our judicial syst...
Intellectual Property
Artists beware: Royalty arrangements likely not terminable under Copyright Act
By Kyle P. O’Malley
The Copyright Act’s termination right does not undo royalty agreements, creating an emerging trend that allows authors and the...
Data Privacy
Non-banking financial institutions face increased data breach reporting obligations by FTC
By Daniel B. Garrie, David Shonka
An amendment to the FTC Safeguards Rule poses challenges and necessitates a strategic reevaluation of the data security and pr...
Remote work is becoming increasingly popular, with about 27% of Americans now working remotely. However, this trend comes with...
Intellectual Property
Navigating the complex, ever-shifting landscape of California trade secrets law
By John-Paul S. Deol
A recent trade secrets case between Applied Medical Distribution Corporation and its former employee, Stephen Jarrells, highli...
Environmental & Energy, Government, Land Use
San Francisco’s economic woes have nothing to do with CEQA
By Ruby Acevedo, Douglas P. Carstens
SB 1227 would erode public health and safety standards for San Francisco residents and set a dangerous precedent for California.
Evidence, U.S. Supreme Court
Connecting the dots on the admissibility of expert opinions on defendant’s intent
By Brian M. Hoffstadt
The U.S. Supreme Court will hear argument in Diaz v. United States, a case that will clarify the extent to which expert...
9th U.S. Circuit Court of Appeals, Civil Procedure
Ninth Circuit confirms extraterritorial reach of federal WMD statutes and approves use of CIPA procedures
By Dmitry Gorin, Alan Eisner
The Ninth Circuit rejected the arguments of both parties and adopted a framework specific to criminal statutes, which consider...