The Fourth District held that family courts may impose reasonable time limits in domestic violence restraining order proceedin...
Civil Procedure
California's court recording mandate leaves questions unanswered
By Megan A. Moghtaderi
The California Supreme Court's new electronic recording mandate expands access to appellate review but leaves unresolved quest...
Family
A lis pendens is only as good as the pleading behind it
By Ira M. Friedman, Alyson Atencio
A lis pendens can be a powerful tool in family law, but California courts require attorneys to specifically identify the prope...
Wills, Estates & Trusts
How California's anti-lapse statute defeated a trust's survivorship provision
By Madeleine Vasily
In re Tung Trust held that a generic survivorship clause does not override California's anti-lapse statute, underscorin...
California's mental health diversion law creates an anomaly for misdemeanor DUI defendants: those found incompetent or eligibl...
Intellectual Property, 9th U.S. Circuit Court of Appeals
9th Circuit tosses $40M trade secrets verdict over trial errors
By Derek F. Foran, Conor Tucker
Comet's $40 million trade secret verdict unraveled on appeal, illustrating how midtrial claim changes, jury instructions, and ...
Civil Procedure
Now what? Insights into life and litigation post-judgment
By Timothy R. Laquer
A judgment for or against your client is a piece of paper. It may or may not be valuable. Either way, it is far from the end o...
Entertainment & Sports, Contracts
The state of college sports: When passion transitions to business
By Frank N. Darras
With NIL valuations and endorsements influencing every stakeholder in college sports--from the players and coaches to a school...
Constitutional Law
A voter suppression bill masquerading as an election integrity bill
By Stephen J. Kaufman
In 30 years of practicing election law, I have never witnessed widespread voter fraud. Two legislative proposals are using vot...
Alternative Dispute Resolution
Nuanced issues impacting the settlement of employment law cases: Economic damages in FEHA cases, Part 1
By Angela Reddock-Wright
In FEHA mediations, nuanced questions involving back pay, mitigation and non-wage losses can significantly affect the value of...
Environmental & Energy
California's Proposition 45 does not cover data centers
By Rachelle Chong
A recent debate over California's Proposition 45 has raised a surprisingly basic question: "Are data centers eligible for the ...
Labor/Employment
San Francisco shields workers from certain out-of-state criminal records
By Michele Haydel Gehrke, Ashley Shafer
San Francisco's expanded Fair Chance Ordinance prohibits employers from basing adverse employment decisions on out-of-state co...
Most cases settle before trial--but when one doesn't, the smallest overlooked detail can become the most important fact in the...
Business Law
Want to live in a world where we trade on tragedy?
By Alexander B. Boris, Yosi Yahoudai
A judge just ruled that Kalshi cannot operate most of its prediction markets in Washington, reopening the question of whether ...
The 9th Circuit has narrowed the Lanham Act's false advertising reach, holding that allegedly false claims about a product ide...
Labor/Employment
Hurt on the job? Good luck finding a lawyer
By Kathleen N. Mastagni Storm
California's workers' compensation system promises to protect injured workers, but its attorney fee structure can leave those ...
Business Law
For fine art transactions, it's best to read the fine print
By Jeff Miles
California art transactions sit within ordinary commercial law, but art-specific statutes can displace familiar assumptions ab...
Constitutional Law
Shock gloves at the MDC: A new tool meets old standards
By William M. Paparian
ICE's planned use of electric-shock G.L.O.V.E. devices raises serious legal and accountability questions about whether deployi...
Justice Goodwin H. Liu's efforts to ensure representative juries underscore the responsibility of attorneys and judges to guar...
Justice Clarence Thomas has advanced a series of far-reaching constitutional positions that would significantly narrow federal...
Constitutional Law
Is an algorithmic feed 'speech'? Courts are about to decide
By Krista L. Baughman
As courts grapple with whether algorithmically generated feeds are "expressive," the answer may determine the extent of social...
Torts/Personal Injury, California Supreme Court
No duty to innovate: California Supreme Court rejects new negligence theory
By Steven J. Boranian
The California Supreme Court rejected a novel "duty to innovate" theory, holding that a drug manufacturer had no duty to devel...
Appellate Practice
Working, Part 3: Reviewing the reporter's transcripts
By Myron Moskovitz
Winning appellate arguments often hide in the reporter's transcripts, where a judge's revealing remark, a damaging concession ...
Environmental & Energy
Storm water rules make a splash in Los Angeles
By Jon-Erik Magnus
A new regional storm water permit expands compliance obligations to previously unregulated Los Angeles County facilities, requ...
Data Privacy
Variety Media: The appeal that could decide whether CIPA applies to website technologies
By Jana Slavina Farmer, Lioba Bakker
California's Court of Appeal is weighing whether a 1967 wiretapping law can regulate everyday website technologies, with poten...
Torts/Personal Injury
Weighing California's medical malpractice cap increase
By Jacob A. Brender
Nearly 50 years after MICRA's enactment, California's medical malpractice landscape is evolving in ways that affect both injur...
Ethics/Professional Responsibility, Alternative Dispute Resolution
Preparing clients for mediation: Meet them where they are
By Zia F. Modabber
Experienced counsel know mediation preparation is not one-size-fits-all. Tailoring the process to each client's experience, ne...
Alternative Dispute Resolution
Mediator certification deserves to flatline
By Jeff Kichaven
Mediator certification is a solution in search of a nonexistent problem, and applying real due process to the State Bar's disc...
Technology
California's AI over-legislation problem: Why existing employment law already has it covered, part 3
By Brett Young
This final installment of the three-part series argues California's existing FEHA regulations already hold employers accountab...
Labor/Employment
Need a Workplace Violence Restraining Order? Here's how to get one fast
By John N. Dahlberg
California employers and unions can obtain workplace violence restraining orders quickly, yet few use them. Understanding the ...