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U.S. Supreme Court

Former president Donald Trump has thrust the Supreme Court into the center of his legal problems. The US Supreme Court should ...


Administrative/Regulatory, Technology

Ensuring transparency in autonomous vehicle regulation

Dec. 26, 2023
By Aaron H. Jacoby, Gordon Sung

Developers of AV and safety-centric tech face distinct hurdles. They aim to be responsible, transparent, and cooperative with ...


Government, Health Care & Hospital Law

Transformative, potentially curative, and one-time administered therapeutics are pushing governments to reimagine the old way ...


Contracts, Real Estate/Development

New regulations regarding security deposits give tenants a lot more ammunition and give landlords greater responsibilities and...


Contracts, Labor/Employment

Noncompete agreements are a risky bet for businesses

Dec. 22, 2023
By Kurt A. Kappes, Michael Wertheim

Failure to comply with amendments to California Business and Professions Code Section 16600 banning noncompetes may also give ...


9th U.S. Circuit Court of Appeals, Environmental & Energy

The Ninth Circuit is the second most influential court in the nation when it comes to environmental law and policy, behind onl...


Law Practice, Legal Education

Cultivating learning for new lawyers

Dec. 22, 2023
By Mattheus E. Stephens

Law firm economics do not always add up to “training time.” Do it anyway. Not only is it our obligation to the profession, bui...


Intellectual Property, Technology

What’s ahead when AI and intellectual property converge

Dec. 22, 2023
By David Lisson, Serge Voronov

As interest in AI intensified this year, so too did intellectual property litigation in the space. In 2024, AI regulation will...


Torts/Personal Injury

The Firefighter’s Rule remains a source of confusion

Dec. 21, 2023
By Michael E. Rubinstein

The Firefighter’s Rule, which often bars firefighters’ injury claims, has many exceptions and won’t necessarily stomp out clai...


Ethics/Professional Responsibility, Law Practice

The quiet quitting phenomenon has always existed, but has recently become popularized through social media sites – allowing bu...


Labor/Employment

Appellate court reins in defense MSJ abuses

Dec. 21, 2023
By William M. Crosby

In an opinion drafted by Justice Eileen Moore, the Court noted the tendency of parties responding to undisputed statements to ...


California Supreme Court

California Supreme Court Review: December 2023

Dec. 21, 2023
By Andrew S. Ong, Ariel E. Rogers

The State Supreme Court’s major civil decisions in the last twelve months seem to underscore an overall bent on the parts of a...


Judges and Judiciary

If we want the jury system to survive, judges and lawyers will have to pull together to reduce the costs and increase the spee...


Civil Rights

As two new laws take effect, California may see a new era of claims and proceedings. Lawyers must know how to navigate the cha...


Technology

Have we trained AI to be our own worst enemy?

Dec. 20, 2023
By Anita Taff-Rice

Test of generative AI detects ability to accrue power, accomplish goals not concretely specified, and to deceive.


Alternative Dispute Resolution

Why mediation, and maybe your case, needs women

Dec. 20, 2023
By Eydith Kaufman

Parties involved in construction defect or business contract litigation tend to look for male mediators, but they should consi...


Administrative/Regulatory, Technology

A green light for EU AI Act

Dec. 19, 2023
By Robert Spano, Emily Lamm

The Artificial Intelligence Act, which will come into force early next year, is the most significant attempt to design a compr...


Alternative Dispute Resolution

How to move mediation forward

Dec. 19, 2023
By Tricia A. Bigelow

Mediations are rarely smooth sailing, and sometimes one side may appear incapable of moving toward the middle. Here are five s...


Tax

Tax lessons from Hunter Biden

Dec. 19, 2023
By Robert W. Wood

As Hunter Biden and his legal team mount a defense against nine counts of failing to file and pay taxes, tax evasion, and fili...


Civil Rights

In light of the recent decision under Students for Fair Admissions, Inc. v. President and Fellows of Harvard College an...


Letters

California Gov. Gavin Newsom has publicly referred to the state’s treatment of its native population as genocide, and Presiden...


Letters

Ascertain the preferences of the particular judge or court to whom your brief will be submitted prior to deciding whether to u...


Ethics/Professional Responsibility

The answer? No. This coal-in-the-stocking advice grows out of Formal Opinion 2023-024 of the California Supreme Court Committe...


Appellate Practice, Guide to Legal Writing

Throwing the book at improper citations

MCLE
Dec. 18, 2023
By Zareh Jaltorossian

Most appellate lawyers have some writing pet peeve, but there is one failing deserving of universal condemnation! No, not usin...


A rather bland legal decision - a local agency's violation of Public Contract Code section 20104.50(b) gives rise to a remedy ...


Contracts, Labor/Employment

Lessons learned when a termination goes sideways

Dec. 18, 2023
By Leonid M. Zilberman

Sam Altman’s termination (and reinstatement) as CEO of OpenAI is a case study in the perils of “at-will” employment and avoidi...


In these hyperpartisan times there's a temptation to criticize censorship only when exercised by the opposite political party....


Judges and Judiciary

How to use precedent cases

Dec. 18, 2023
By Myron Moskovitz

Many attorneys see appellate judges as ATM’s in black robes. Just insert the precedent, type in a few facts, apply the precede...


Alternative Dispute Resolution, U.S. Supreme Court

PAGA: What’s gone, what’s left, and what’s next

Dec. 15, 2023
By David D. Bibiyan

A year and-a-half after the Supreme Court of the United States sent shockwaves with its Viking River Opinion, we do kno...


Civil Litigation, Evidence

Creative expression and Lady Justice

Dec. 15, 2023
By Gary A. Watt, Stella Padilla

The iconic image of the blindfolded lady represents the promise of unbiased administration of justice. That promise has never ...