Administrative/Regulatory, U.S. Supreme Court
Key employer takeaways from oral arguments in Murray v. UBS Securities
By Brian Neil Hoffman
Future litigants may not see dramatic changes to the existing SOX retaliation claim framework from Murray, and further ...
Contracts, Entertainment & Sports
How USC’s Shield can lead the way for NIL in college sports
By Frank N. Darras
Many of our current legislators across America were former college athletes now living back home with enormous college stadium...
Judges and Judiciary
Your son needs to know that his dad was a hero
By Lawrence P. Riff
An open letter to the widow and son of murdered Family Law Judge Andrew Wilkinson of Hagerstown, Maryland.
Ethics/Professional Responsibility, Letters
Addressing misconceptions and practical application under Rule 8.3
By George Cardona, Erika Doherty
Every other jurisdiction has in place a version of American Bar Association Model Rule 8.3, and California’s rule includes the...
Intellectual Property, Technology
Addressing the limitations of the right of publicity in the world of AI
By Ashley R. Yeargan
Because of the way that streaming services compensate artists, there is a real concern that a flood of AI-generated content wi...
Administrative/Regulatory, Environmental & Energy
Practical advice for companies preparing for California’s new emissions laws
By David A. Niemeyer, Blake H. Bainou
While SB 253 and SB 261 are similar to the Securities and Exchange Commission’s (SEC) proposed emissions disclosure rules that...
Ethics/Professional Responsibility, State Bar & Bar Associations
Part 2 – Internal and external threats
By Jennifer Stalvey
The most common ways your Client Trust Accounts may be compromised from both internal and external sources, and how to help pr...
Expert Advice, Technology
Unraveling the unscrupulous expert witness through AI
By Andrew T. Ryan
How AI technology is transforming the legal landscape and holding unsavory experts accountable.
Alternative Dispute Resolution
Is arbitration truly cost-effective?
By Tricia A. Bigelow
Arbitration may not be perfect, but it can provide significant value to litigants and the judicial system overall, taking burd...
Torts/Personal Injury
Sexual assault multidistrict litigation against Uber revs up
By Navruz Avloni
Uber wanted to put the brakes on sexual assault multidistrict litigation. Instead, a judicial panel transferred 13 cases to th...
State legislators approved a bill in 2020 shortening the length of probation in most misdemeanor cases. It is this law – not P...
Criminal, Family
Discarding the reasonableness standard in DVROs muddies the process
By Stephanie I. Blum, Timothy D. Reuben
Domestic violence restraining orders based on disturbing emotional calm should be subject to a reasonableness standard.
Apart from the tax filing and payment delays, there are other tax benefits too. Individuals and businesses in a federally decl...
In 2022, a McMaster University health report stated that “China is the only country in the world to have an industrial-scale o...
The Lunada Bay Boys gang has a free pass from the district attorney
By Antonio R. Sarabia II
How did this well-publicized gang operate for so many years with impunity? The likely answer is that the District Attorney nev...
Why not use an AI mediator?
By David Coher
Mediation is not solely a technical or procedural process; it is deeply rooted in human interactions and the ability to empath...
Civil Rights, Constitutional Law, U.S. Supreme Court
SCOTUS should preserve tester standing under the ADA
By Raymond A. Wendell
Because of the widespread fixation on serial litigation, a decision against Laufer would threaten not just avowed tester plain...
Letters, State Bar & Bar Associations
Portfolio Bar Exam: facts vs. fiction
By Claire M. Solot
Legal aid organizations support the PBE, as it will help them recruit new staff attorneys, increase their capacity to serve th...
Ethics/Professional Responsibility, State Bar & Bar Associations
Am I my brother’s keeper? Seeking Golden Snitches in the Golden State.
By Arian Kevin Kayhanian
Rule 8.3 has the right intent, and one must not fault the powers that be for trying to take a meaningful step to curb unethica...
Alternative Dispute Resolution, U.S. Supreme Court
Bakery case before Supreme Court shows knead for clarity of FAA exemption
By Rex Darrell Berry
The issue might sound like a geeky question of statutory interpretation, but it has substantial real-world implications for wo...
Law Practice, Legal Education
Don’t underestimate the power of networking as a law student
By Brigitta Cymerint
It is common for law students to underestimate the power of networking. We are so focused on our studies that it is easy to fo...
Constitutional Law, U.S. Supreme Court
Part III on interpreting our Constitution: when to rule “That’s unconstitutional!”
By Myron Moskovitz
When a statute (or an executive order) is the product of the ordinary give-and-take of our messy democratic process, a judge s...
The Digital Services Act reaches the USA
By Robert Spano, Vivek Mohan
U.S. companies must not bury their heads in the sand: while the DSA’s regulations are formally limited to online services that...
California’s property insurance: balancing consumer interests and industry needs
By Daniel J. Veroff, Rudy Tap
The road ahead for California’s property insurance landscape is one of cautious optimism. The impending changes to Proposition...
Letters
The bar exam benefits test preppers and isn’t indicative of qualified attorneys
By Joanna Mendoza
The Portfolio Bar Exam would not offer a free pass or easier path to candidates. It would instead be a more rigorous process d...
The future of the administrative state
By Erwin Chemerinsky
The Supreme Court has not defined what is a major question or what is sufficient authorization from Congress to meet the major...
Civil Rights, Government
California abdicating duties on housing people who are unhoused
By Brandon Greene
The state has enough tools to address our homelessness crisis without seeking the Supreme Court's intervention to allow for ci...
Ethics/Professional Responsibility, State Bar & Bar Associations
Client Trust Accounts, Part 1 - The basics
By Jennifer Stalvey
Attorneys have a duty to perform legal services with competence, which includes a nondelegable duty to oversee and properly ac...
Corporate
Unhappily ever after – saving your company when your business divorce winds up in court
By Aaron M. Gladstein
This article explores the specific steps to halt the dissolution process, highlights some traps for the unwary, and encourages...
Government, State Bar & Bar Associations
It is time to restore confidence in the State Bar
By Thomas J. Umberg
Like most lawyers, I have spent much of the last few years in shock as investigative journalists have, bit by bit, unraveled T...