Technology, Insurance
Companies that pay hackers may be able to recoup their losses
By Peter S. Selvin
Insurance carriers have declined coverage on the basis of the Fraudulent Instructions Exclusion, presumably arguing that the r...
Labor/Employment
NLRB’s important decision on confidentiality and nondisparagement clauses
By Wendy M. Lazerson, Jordan Varberg
Employers may need to revise their severance and other agreements with non-supervisory/managerial employees.
Torts/Personal Injury, Civil Litigation
Lopez v. American Medical Response West expands MICRA to negligent driving?
By Benjamin T. Ikuta
In short, the opinion held that a non-patient passenger harmed by an EMT’s negligent driving was a professional negligence act...
Contracts, Alternative Dispute Resolution
Ensure arbitration provisions leave the nest in the Ninth Circuit
By Jason D. Russell, Adam K. Lloyd
Businesses should review their agreements to ensure that any arbitration provision meant to govern “all disputes” is expressl...
The attorney in a cultural divorce is more than a legal shepherd and fact finder. Attorneys are hired to do justice and stop c...
If you are a lawyer, does moving out of state make your practice income free of California tax? In many cases the answer will ...
If you engage in income or capital gains tax planning during the year which, at the end of the year, does not look quite as at...
What happens if an insurance carrier is required to post an appeal bond as part of its contractual obligation to an insured s...
Government, Civil Rights
The blurred lines of government speech and private expression
By Catherine Nashed
Government speech seems like a relatively simple doctrine, and yet its simplicity can be deceiving, especially in the context ...
Judges and Judiciary
JUDGING BAD GUYS. Part III: The effect on “the law”
By Myron Moskovitz
If Good Guy/Bad Guy affects how judges decide cases, they should talk about it – and allow the rest of us to watch the debate...
Judges and Judiciary, Constitutional Law
The Major Questions Doctrine
By Erwin Chemerinsky
Agency actions that have been allowed for decades now are vulnerable to challenge.
Litigation & Arbitration, Alternative Dispute Resolution
Mediating the impossible: dealing with difficult personalities
By Elizabeth A. White
Government, Criminal
The coming prosecution of Donald Trump
By Paul N. "Pete" McCloskey
The recently published report of the Jan. 6 committee includes sworn testimony that strongly supports a criminal prosecution o...
State Bar & Bar Associations, Criminal
State Bar admits it failed - badly
By Hailyn J. Chen, George Cardona
We are speaking openly about the State Bar’s mistakes to underscore our deep commitment to being both transparent and accounta...
Expert Advice, Alternative Dispute Resolution
A forensic neutral and how to use them effectively
By Daniel B. Garrie, Charles Margines
Forensic neutrals play an essential role in safeguarding the accuracy and impartiality of investigations.
Technology, Intellectual Property
Determining human creative control in AI-generated works is futile
By Elizabeth Rothman
AI systems are challenging traditional notions of authorship and creativity and denying copyright protection to these works so...
Civil Rights
Gideon’s 60th anniversary: defending indigent clients is a public good
By Nirej Sekhon, Hadi Razzaq
Public defense benefits the community far beyond the courtroom
Community News, Alternative Dispute Resolution
A pioneer of using mediation, the California legal community celebrates mediation week
By Serena K. Lee
Public education agencies could be liable for pension overpayments
By Alysha R. Stein-Manes, Morgan Johnson
Assembly Bill 1667 holds public education agencies financially accountable for proper reporting compensation to CalSTRS, while...
Law Office Management, Ethics/Professional Responsibility
Moving offices: can you throw out old files?
By Alanna G. Clair, Shari L. Klevens
In deciding how long to keep documents, many attorneys consider the statute of limitation applicable to legal malpractice claims.
Communications Law
FTC likely to issue 6(b) orders to social media companies regarding deceptive advertising
By Jeffrey M. Dennis
When the FTC sought information from the top social media and video streaming platforms, it was simply the next step in the ev...
California Supreme Court, Administrative/Regulatory
California Supreme Court Review: February 2023
By Alexis S. Coll, Jennifer Fisher
Given the pervasiveness of illegal cannabis operations throughout California, the Court's upcoming decision in Wheeler ...
Government
Shareholders demanding that PAC contributions align with corporate values
By Leslie Stern, Michael Dark
There is considerable academic debate over whether corporate political activism has any effect on bottom lines, with some rese...
Few other governors have been as deferential to the parole board as Gov. Gavin Newsom.
Labor/Employment, Antitrust & Trade Reg.
FTC faces criticism of Non-Compete Clause Rule, prepares for legal challenges
By Brette Tannenbaum
A threshold question likely to be presented by any such challenge is whether the FTC can make rules to regulate business pract...
Government, Civil Rights
Punishing doctors for going against scientific consensus is unconstitutional
By Jenin Younes
AB 2098 targets pure speech by explicitly applying to advice. If it were meant only to regulate conduct, there would have been...
Expert Advice, Consumer Law
It still does not take an expert to testify about a vehicle’s defective design
By Rebecca Gilliland
This case - Braverman v. BMW of North America - is an interesting, but narrow case on how the 9th Circuit handles non-m...
Can an AI program commit a fraud? Can it get its human overseers in trouble?
Meinhardt v. City of Sunnyvale highlights the confusion in California law as to what is or is not a judgment.