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Civil Litigation

The COVID-19 effect on damages

Feb. 14, 2024
By Ivan Puchalt, Jenna Edzant

The lower life expectancy of certain groups, such as Hispanic males, can affect the economic value of life care plans and othe...


Environmental & Energy

Human composting reduces the environmental impact of death by saving land, fuel, and carbon dioxide emissions, and can also be...



Criminal

Special Prosecutor Jack Smith: an assist to Trump

Feb. 14, 2024
By Antonio R. Sarabia II

Trump's lawyers can cite Smith's previous petition to argue that the Supreme Court should take the case and overturn the lower...


Technology

The device’s immersive experience, high-resolution display, 3D camera, and spatial audio are impressive. Its weight, price, an...



Technology

Why you must not rely solely on AI for legal research

Feb. 13, 2024
By Abraham C. Meltzer

AI systems like Westlaw AI are prone to errors and should not be relied on solely for legal research. Practitioners should use...


Government

Upholding the rule of law

Feb. 13, 2024
By Erwin Chemerinsky

The D.C. Circuit ruled that a former president can be prosecuted for crimes committed in office and rejected Trump’s claim of ...



California Supreme Court

The California Supreme Court ruled that trial courts cannot dismiss PAGA claims solely for manageability reasons, but they can...


Alternative Dispute Resolution, Wills, Estates & Trusts

Mediating estate issues around an empty chair

Feb. 13, 2024
By Kenneth Wolf

Estate disputes can be emotionally and legally complex. A mediator can help parties find a satisfactory resolution by listenin...



Constitutional Law

A tale of two doggies

Feb. 12, 2024
By Myron Moskovitz

Two cases illustrate the difficulty of defining religion for legal purposes: U.S. v. Ballard, where the Court upheld the freed...


Tax, Wills, Estates & Trusts

Pre-2026 gift and estate tax planning strategies

Feb. 12, 2024
By Tiffany Halimi, Bret R. Carter

The Tax Cuts and Jobs Act of 2017 increased the lifetime estate and gift tax exemptions, but this provision is set to expire b...



Government

A looming threat to the rule of law

Feb. 12, 2024
By William M. Crosby

Donald Trump’s possible return to the presidency could cause political polarization, violence, and disruption of the democrati...


The Superior Court erred in sustaining demurrers to the complaint in Hastings College Conservation Committee v. Faigman...



If every African American member of the California judiciary were surveyed, most of us would say that some significant and inf...


Corporate, Mergers & Acquisitions

Key legal and regulatory trends for M&A in 2024

Feb. 9, 2024
By Michael O'Bryan

Generative AI is a driving force for M&A deals and poses new legal and business challenges.



Securities

What is the SEC so afraid of?

Feb. 9, 2024
By Margaret A. Little

The New Civil Liberties Alliance filed an amicus curiae brief in Elon Musk v. Securities and Exchange Commission...


Alternative Dispute Resolution

Unraveling the Gordian Knot of damages

Feb. 9, 2024
By Greg Derin

Damages are often the most difficult and overlooked aspect of mediation. Parties should analyze them early and realistically.



Law Practice

The innate disconnect between senior and junior practitioners across that generational divide impedes the seamless transfer of...


Books, Law Practice

True to his oeuvre, Olivas’s novel explores questions of identity and cultural assimilation, mirroring his own experiences as ...



Civil Litigation, Civil Procedure

The Advisory Committee on Civil Rules is accepting public comment on Proposed Rule 16.1, which aims to streamline and improve ...


Alternative Dispute Resolution, Labor/Employment

To stop California’s defiance of federal law, the US Supreme Court must weigh in on arbitration agreements.



The IRS is offering conditional partial amnesty for improperly-claimed employee retention tax credits. Companies should consid...


Civil Rights

Instead of automatically applying McDonnell Douglas to disability discrimination cases, both courts and counsel should ...



Ethics/Professional Responsibility

Tips for navigating social media’s thicket of ethical risks

Feb. 8, 2024
By Shari L. Klevens, Alanna G. Clair

One issue implicated by the use of social media is the potential that the attorney’s posts could arguably be seen to create a ...


U.S. Supreme Court

Deepfake culture, the First Amendment and child pornography legislation are still at odds, but the proliferation of AI content...



Labor/Employment

Navigating ‘stay or pay’ clauses

Feb. 7, 2024
By Matthew J. Matern, Rebecca Liu

The use of stay or pay clauses may decline in the future due to increased regulatory scrutiny. Until then, employees should be...


Civil Litigation

Piercing the veil of the Trump Organization

Feb. 7, 2024
By John H. Minan

The difference between legitimate tax avoidance and tax evasion is critical. The arguable “loan debt” may have been concocted ...



Alternative Dispute Resolution

PDAAs have given arbitration an undeserved bad reputation. Here is the way to fix the problem.


Family

Where child and spousal support funds hide in plain view

Feb. 7, 2024
By Ira M. Friedman, David Friedman

Judicial Counsel Form FL-460, entitled Qualified Domestic Relations Orders for Support, can be used for both current and spous...



California Supreme Court, Civil Procedure, Criminal

Giving credit where credit is due

Feb. 7, 2024
By Laura W. Halgren

A recently published case provides direction on how courts should calculate credits when a defendant is resentenced.


Ethics/Professional Responsibility, Technology

Don’t forget to cite check your generative AI research

Feb. 7, 2024
By Benjamin E. Strauss, David Boyadzhyan

It would be premature to label AI a danger to the legal profession or useless altogether. While we should not blindly cite ima...