California’s mass transit system is under attack
By Michael Shemtoub
The California Civil Code safeguards metro transit violence victims’ rights but lacks preventative measures. Transit employees...
Books
My Chicano Heart: Using fiction to explore love in all its confounding forms
By Daniel A. Olivas
Daniel A. Olivas reviewed his past works during the pandemic and identified love as a recurring theme, leading to the creation...
9th U.S. Circuit Court of Appeals
The Ninth Circuit’s ‘ambiguity’ rule just became even more ambiguous
By Alexander M. Smith
Ninth Circuit's recent opinion in Whiteside v. Kimberly-Clark Corp. muddies the rule that the court had previ...
Environmental & Energy
Decoupling: A key solution to California’s water supply risks
By Lori Anne Dolqueist
California is facing a 10% water supply shortfall by 2040 due to climate change and aging infrastructure. A new regulation req...
Criminal, Evidence, Technology
The two secrets of facial recognition technology
By Abraham C. Meltzer
Lawyers involved in cases where FRT is used should seek information on how the probe image was edited, if at all, and how many...
The SEC has brought enforcement action against several bidders engaged in mini-tender offers, but the SEC’s dissemination requ...
Intellectual Property
Six months of Rule 702: Key insights for patent litigators
By Daniel C. Callaway , Timothy Horgan-Kobelski
Practical takeaways for patent litigators include understanding the new language of Rule 702, using it to their advantage, and...
Labor/Employment
California employers using tracking technology, including jigglers, face legal risks
By Amber Leong
Wells Fargo fired some employees for using mouse jigglers -- raising concern about employees’ privacy rights, especially when ...
The California Court of Appeal ruled against the City of Ontario for attempting to condemn properties near Ontario Internation...
Procedures for issuing and executing warrants in criminal cases, and challenges that can be raised to suppress evidence found ...
Governor of Texas, Greg Abbott, has been criticized for pardoning a man convicted of murder before he was sentenced or his cas...
U.S. Supreme Court
Judicial misstep: How a technicality on special counsel’s appointment could undermine justice
By Philip M. Howe
The court found that Special Counsel was not an “inferior officer” under the Appointments Clause, as opposed to a “principal o...
Law Practice, Technology
Protecting your practice: When redundancy is not superfluous
By Daniel B. Garrie , Gail A. Andler
The recent widespread disruption caused by the CrowdStrike software defect underscores the need for redundancy in law firm tec...
Securities
Crypto industry demands regulatory clarity amid SEC overreach
By Teresa Goody Guillén , Andrew Grossman
A trade association submitted an amicus curiae brief in a case brought by a new digital asset exchange against the SEC, seekin...
Letters
The City of LA unlawfully harassed street vendors despite previous precedent
By Christopher Sutton
In a recent case, street vendors in Los Angeles successfully challenged the city’s onerous regulations, marking their second v...
The fallacy of incommensurate balancing is a common issue in legal cases where judges are expected to balance attributes that ...
Wills, Estates & Trusts
Generational wealth and ensuring a lasting legacy
By Megan A. Moghtaderi
The “Great Wealth Transfer” is estimated to transfer trillions of dollars from one generation to the next within 20 years. Est...
Real Estate/Development
The false narrative around CEQA and the California housing crisis
By Andrew W. Schwartz
The real causes of the affordable housing crisis are market forces and lack of housing subsidies, not CEQA, which has been ame...
Bankruptcy
Dissenting opinion highlights concerns over Purdue Pharma’s impact on mass tort cases
By Monique D. Jewett-Brewster
The strongly-worded dissent warned that this ruling would hinder bankruptcy courts in managing cases with numerous abuse claim...
Loper Bright Enterprises v. Raimondo ...
Insurance
California Supreme Court: Insureds can sue insurers for UCL violations
By Kirk A. Pasich
The California Supreme Court ruled that insureds can sue insurers for violations of the Unfair Competition Law, even if they h...
Law Practice
The strategic imperative: Why lawyers and law firms must create and update business plans
By George Brandon
A business plan provides a comprehensive framework for financial management, market analysis, competitive positioning, and ris...
State Bar & Bar Associations, Technology
Generative AI in legal practice: State Bar's ethical guidance
By Leah Wilson , Erika Doherty
The State Bar has issued guidance on the responsible use of generative AI in the practice of law, emphasizing that a lawyer's ...
Technology
California's Bolstering Online Transparency Act targets bot disclosures in elections and transactions
By Tracy Rubin , Vince Sampson
California passed the Bolstering Online Transparency Act (Senate Bill 1001), which became effective July 1, 2019, and requires...
Criminal, Government, U.S. Supreme Court
Supreme Court decision weakens federal law against state public corruption
By John H. Minan
The Supreme Court's recent 6-3 ...
Constitutional Law
Do first graders have free speech rights? Why it matters.
By Krista L. Baughman
A California federal court's decision to uphold discipline against a 7-year-old for an "inappropriate" drawing sets a dangerou...
Alternative Dispute Resolution
Doris Kearns Goodwin’s book explores missed opportunities in Cuban relations
By Greg Derin
The Cuban Missile Crisis, which brought the world to the brink of nuclear war, highlights the importance of recognizing opport...
Government
How Proposition E reduces oversight of the San Francisco Police Department
By K. Chike Odiwe
Proposition E not only limits the Police Commission's oversight authority but also updates 2019 laws to enhance protection for...
Labor/Employment, Technology
Employment bias isn’t new but generative AI as a defendant is
By Anita Taff-Rice
Workday’s AI platform for candidate screening may be liable as agent for employment discrimination.
Alternative Dispute Resolution, Technology
Evolving AI and arbitration legal practices
By Ryan Abbott , Daniel B. Garrie
The JAMS Artificial Intelligence Dispute Resolution Rules (AI Rules) are a crucial update of arbitration processes for modern ...