Government
Trump's showering of deregulation may just go down the drain
By John H. Minan
Trump's push to fast-track deregulation bypasses Administrative Procedure Act rules, but courts--bolstered by Loper Bright--m...
Since the Covid pandemic, virtual mediation via platforms like Zoom has become the dominant method in California, with approxi...
A longtime attorney and former bar exam grader expresses outrage but not surprise at the State Bar's latest scandal involving ...
Technology
CIPA meets AI: Genesys case signals compliance challenges ahead
By Pavel (Pasha) A. Sternberg, Kaitlyn N. Robles
At its core, the Genesys Cloud Services litigation extends established privacy principles to AI vendors, foreshadowing the com...
This article explores the use of misdemeanor convictions to impeach a witness's credibility in criminal cases, detailing when ...
Real Estate/Development, Administrative/Regulatory
California's Surplus Lands Act needs a reality check for rural parcels
By Brian D. Poulsen Jr.
Though well-intentioned, the act urgently needs reform to distinguish between viable housing sites and rural parcels like El D...
Law Practice
Understanding client needs and closing the deal: The competitive edge for modern lawyers
By George Brandon
Thriving lawyers today pair legal skills with empathy, clear communication, and trust-building to turn consultations into co...
Litigation & Arbitration, Civil Procedure
Early lessons on third-party subpoenas for California practitioners under SB 940
By David B. Coher
SB 940 expands discovery in California arbitrations, making civil-style subpoenas the new norm - unless parties clearly opt out.
Environmental & Energy
Red tape or green future? Unpacking California's climate disclosure laws and the pushback
By Noelle E. Wooten, Elizabeth Haskins
As the federal government retreats from climate regulation, California steps up with sweeping disclosure laws requiring large ...
How big tech defends algorithmic addiction in the name of the First Amendment.
Technology
AI takes center stage in the legal battle over digital creativity
By Schuyler M. Moore
AI developments are rapidly reshaping the legal landscape, with key issues like copyright infringement, trademark misuse, defa...
State Bar & Bar Associations
California bar exam plunges to new low amid scandal
By Mary Basick, Katie Moran
The California State Bar is facing a series of controversies, including the use of AI-generated questions on its bar exam, con...
Guide to Legal Writing, Alternative Dispute Resolution
Why mediation briefs fail in negotiations and how attorneys can improve them
By Richard M. Williams
The mediation brief is an important, if not essential, part of the process and should not be overlooked as an important tool f...
Alternative Dispute Resolution
The power of pre-session calls in negotiations
By Lynn Duryee
Many mediators will contact counsel separately after they've read the briefs, allowing them to focus on settlement strategies ...
Labor/Employment, Insurance, Alternative Dispute Resolution
Insurance for employment disputes: Know what's covered before negotiating
By JJ Johnston
Employers rely on their risk management teams to evaluate and acquire insurance coverage, but unless they know the key feature...
Evidence, Administrative/Regulatory
Community outreach defeats SB 832, creating a win for sex abuse survivors
By Doug Rochen
California Senate Bill 832, which proposed stringent "clear and convincing" evidence requirements for childhood sexual abuse s...
Labor/Employment, Immigration
Why immigration enforcement is changing the way California works
By Maxine D. Bayley, Michael S. Bernick
Immigration crackdowns post-2025 have made compliance a top business priority, with rising audits, steep fines, and legal ris...
Entertainment & Sports, Alternative Dispute Resolution
Lights, camera, negotiation: When mediation fails women
By Miriam Akhavan-Tafti
While mediation offers certain benefits, its constructs may not ensure fair treatment for women in entertainment labor dispute...
Alternative Dispute Resolution
Once dominated by retired judges with decades on the bench, California's alternative dispute resolution industry is seeing a g...
Ethics/Professional Responsibility, Alternative Dispute Resolution
Your mediation reputation matters
By Rosemarie Chiusano Aubert
While mediation techniques can be taught, a lawyer's reputation as a negotiator--shaped by professionalism, preparation, and c...
State Bar & Bar Associations, Alternative Dispute Resolution, Administrative/Regulatory
Navigating the complexities of SB 940: The debate over voluntary certification and its challenges
By John Derrick
As the State Bar struggles to implement SB 940's vague mandate for ADR certification, philosophical divisions and practice cha...
Alternative Dispute Resolution
Meet mass arbitration's new manager: The process arbitrator
By Janice L. Sperow
As mass arbitration cases multiply, a new approach to managing procedural complexities offers potential benefits to all parties.
Alternative Dispute Resolution
Your case, your call: Rethinking mediator's proposals
By Jeff Kichaven
A Mediator's Proposal can be a powerful settlement tool if used thoughtfully and collaboratively, but mishandling it - especia...
Insurance, Alternative Dispute Resolution
Want a better settlement? Play nice, win big
By Steven M. Sepassi
When a plaintiff's attorney works cooperatively with an insurance company, they create an atmosphere of transparency and open ...
Judges and Judiciary, Alternative Dispute Resolution
How ditching the gavel helps settle the score
By Geoffrey A. Goodman
The art of disrobing: how one retired judge balances judicial authority with approachability to maximize settlement results.
International Law, Alternative Dispute Resolution
Inside China's rapidly evolving arbitration landscape
By Xinying Huang
China's arbitration system has rapidly evolved into a key mechanism for domestic and international dispute resolution, marked ...
LA Fires, Alternative Dispute Resolution
Fires, lawsuits and the Olympic clock: Can ADR save LA?
By Howard B. Miller
Los Angeles' future depends on ADR as fire-related lawsuits threaten massive disruptions.
Law Practice, Alternative Dispute Resolution
Choosing the right partner: Tips for lawyers, entrepreneurs and business leaders
By Bill VanDeWeghe
Choosing the wrong business partner can lead to costly and frustrating mistakes, but by paying close attention to their behavi...
Contracts, Alternative Dispute Resolution
Arbitration or litigation: Making sure your agreement doesn't miss the mark
By Ellen S. Robbins, Scott Allbright
In California, businesses must ensure their arbitration provisions are clearly written, explicitly consented to, and compliant...
Choosing the right arbitrator is critical in commercial arbitration; key factors to consider include the arbitration agreement...