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Government

Trump's push to fast-track deregulation bypasses Administrative Procedure Act rules, but courts--bolstered by Loper Bright--m...


Litigation & Arbitration

In-person mediation or Zoom?

Apr. 28, 2025
By Ray Artiano

Since the Covid pandemic, virtual mediation via platforms like Zoom has become the dominant method in California, with approxi...



Letters

Still grading the State Bar

Apr. 28, 2025
By Robert F. Kane

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

Apr. 28, 2025
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...



Evidence

Use of a misdemeanor for impeachment

MCLE
Apr. 28, 2025
By Anne Costin

This article explores the use of misdemeanor convictions to impeach a witness's credibility in criminal cases, detailing when ...


Real Estate/Development, Administrative/Regulatory

Though well-intentioned, the act urgently needs reform to distinguish between viable housing sites and rural parcels like El D...



Thriving lawyers today pair legal skills with empathy, clear communication, and trust-building to turn consultations into co...


Litigation & Arbitration, Civil Procedure

SB 940 expands discovery in California arbitrations, making civil-style subpoenas the new norm - unless parties clearly opt out.



Environmental & Energy

As the federal government retreats from climate regulation, California steps up with sweeping disclosure laws requiring large ...


Technology

The ugly freedom of 'feeding speech'

Apr. 24, 2025
By Victor S. Dorokhin

How big tech defends algorithmic addiction in the name of the First Amendment.



Technology

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

Apr. 24, 2025
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

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

Apr. 23, 2025
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

Employers rely on their risk management teams to evaluate and acquire insurance coverage, but unless they know the key feature...


Evidence, Administrative/Regulatory

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

MCLE
Apr. 23, 2025
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

Apr. 23, 2025
By Miriam Akhavan-Tafti

While mediation offers certain benefits, its constructs may not ensure fair treatment for women in entertainment labor dispute...



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

Apr. 23, 2025
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

As the State Bar struggles to implement SB 940's vague mandate for ADR certification, philosophical divisions and practice cha...


Alternative Dispute Resolution

As mass arbitration cases multiply, a new approach to managing procedural complexities offers potential benefits to all parties.



Alternative Dispute Resolution

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

Apr. 23, 2025
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

Apr. 23, 2025
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

China's arbitration system has rapidly evolved into a key mechanism for domestic and international dispute resolution, marked ...



LA Fires, Alternative Dispute Resolution

Los Angeles' future depends on ADR as fire-related lawsuits threaten massive disruptions.


Law Practice, Alternative Dispute Resolution

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

Apr. 23, 2025
By Ellen S. Robbins, Scott Allbright

In California, businesses must ensure their arbitration provisions are clearly written, explicitly consented to, and compliant...


Alternative Dispute Resolution

The art of arbitrator selection

Apr. 23, 2025
By Cedric C. Chao

Choosing the right arbitrator is critical in commercial arbitration; key factors to consider include the arbitration agreement...