To be clear, Rule 11 is not intended to foreclose zealous legal arguments for the extension, modifications, or reversal of exi...
Technology
ChatGPT is AI magic, but beware of the ghost in the machine
By Danielle H. Moore, Alex Castro
Employers are rightfully worried that their confidential information or trade secrets are being improperly shared to ChatGPT, ...
The Girardi story is the quintessential “truth is stranger than fiction” paradigm. No one understands how such a successful tr...
Wills, Estates & Trusts, Ethics/Professional Responsibility
Ethical considerations in the representation of fiduciaries and beneficiaries
By Margaret G. Lodise
In the trust and estate context, ethical rules take on a bigger role as an attorney advising a fiduciary or a beneficiary may ...
Criminal
Incompetency to stand trial could create an escape path for Girardi’s colleagues
By Jason N. Argos
If Girardi is found mentally incompetent, the prosecution will be faced with a glaringly obvious open chair leaving a path for...
Real Estate/Development
Constitutional limitations on housing discrimination in California
By Sam Spiegelman, Jeremy B. Talcott
This year, the city of Anaheim offered a prime example of what not to do in response to NIMBY pressures to prohibit unwanted p...
Entertainment & Sports
Preventing NIL rules from creating a minor league within college sports
By Frank N. Darras
The progress made with NIL occurred during a tumultuous period in American history and the NCAA has seemingly thrown up its ha...
Health Care & Hospital Law
McGovern v. BHC Fremont Hospital and MICRA's CCP 364 - lessons learned
By Benjamin T. Ikuta
Advising not to follow section 364 is controversial given the potential discipline by the state bar, but not a single attorney...
Intellectual Property, Antitrust & Trade Reg.
Surveys in patent cases: watch your step for these 4 pitfalls
By Nathan Sabri
A control group is not always needed, but be cautious about skipping one, and make sure it is an intentional and educated choice.
Attorneys are often unaware of the purpose of some of these entities and the many free resources they offer attorneys and our ...
Criminal, Civil Litigation
Could a Rust criminal verdict change the civil landscape?
By Miguel A. Custodio
When criminal charges have been filed while civil litigation is pending, the dynamics of the civil litigation will change.
Delaying an IPO debut during a year when a company’s business and strategy were tested could be a recipe for potential disaster.
In the last quarter of 2022, the Court of Appeal issued five decisions involving PAGA, but none of them directly addressed the...
The Monterey Park violence is viewed in many circles as a form of expressing disagreement. That view affects all of us as a na...
Environmental & Energy, Civil Rights
Religious liberty for all: a principle worth standing up for
By Isabel Conrath, Jackson Grasz
Two students from the Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine prepared an 
The Chatbot lawyer
By Teresa J. Schmid
While the A.I. response is interesting, even thought-provoking, it is not on the mark. It mixed general ethics issues with tho...
Is unpublished academic correspondence a “public record” under the California Public Records Act that’s exempt from disclosure...
Legal Education, Education Law
Law schools continue to fall on the wrong side of the curve
By Yisrael Gelb
If law schools are serious about recruiting students from diverse backgrounds and those who come from low socio-economic backg...
What we are witnessing in the federal courts is a battle over the extent to which private autonomy can trump public norms.
Why did the chicken cross the road? Because he didn’t have to use a crosswalk to get to the other side.
Labor/Employment, International Law
Remote work & foreign nationals: how to avoid common mistakes
By Mandy Feuerbacher
Before remote work became so pervasive, it was very easy for foreign nationals to delineate between when they were working and...
Entertainment & Sports
Stream it tonight: Murder! (1930)
By Paul Bergman, Michael Asimow
Murder! emphasizes the close relationship between adversarial trials and theatrical productions, a connection that date...
Ethics/Professional Responsibility, Ediscovery
Stop paying your lawyers for useless and abusive civil discovery
By Lawrence P. Riff
It’s not “a discovery system” that’s the problem. It’s the participants’ behavior derived from a long-broken civil discovery c...
Intellectual Property, Contracts
How to avoid allegations of trade secret misappropriation in California
By Eugene Y. Mar, Raven Quesenberry
Before you leave, check your employment contract to see what post-departure restrictions there may be, such as non-solicitatio...
U.S. Supreme Court, Tax, Ethics/Professional Responsibility
Supreme Court to decide IRS summons-notice rule for innocent third parties; but why this case?
By Evan J. Davis
When the government knows a law firm caters to a particular type of client – worst case, criminals not known to the government...
Ethics/Professional Responsibility
Disqualification under Rule 3.7 (lawyer as witness): consent doesn't always cure
By Alison Buchanan
While it is customary to meet and confer before bringing a motion to disqualify, use caution.
Cherry-picking what you tell your tax adviser to get the answer you want to hear is not reasonable. That kind of behavior woul...
Law Practice, Appellate Practice
Utilizing the power of requests for admission
By Robert A. Roth
Ways to use California’s request for admissions scheme to gain a litigation advantage.
The Non-Compete Clause Rule was an unprecedented move by the FTC, both because the agency had not previously attempted to regu...
Wills, Estates & Trusts, Litigation & Arbitration
The limits of logical analysis in estate and trust mediations
By John H. Sugiyama
Logical analysis may give structure to estate or trust negotiations. But each dispute will be based on factors that cannot con...