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U.S. Supreme Court, Labor/Employment

One might think that the NLRB must defer to what the U.S. Supreme Court has already ruled, but it need not and probably won’t....


Law Practice, Ethics/Professional Responsibility

As several recent cases illustrate, the remote nature of videoconference depositions has also lent itself to deposition abuses...


U.S. Supreme Court, Constitutional Law

Inflation is a taking

Jun. 6, 2023
By Richard A. Nixon

Given the Supreme Court’s propensity for making up new “taking” situations, I propose the following: for those individuals who...


Law Practice, Appellate Practice

It’s 5 p.m.! Do you know where your brief is?

Jun. 6, 2023
By Benjamin G. Shatz, Tal P. Edelstein

When notice of a proposed rule change regarding filing deadlines was issued, the Third Circuit invited comments – and comments...


Books

“Red Memory”

Jun. 6, 2023
By Richard Wirick

In this 283-page book by Tania Branigan about the afterlives of China’s cultural revolution, if the book had a thesis, it wou...


U.S. Supreme Court, Torts/Personal Injury

Fear and trembling with apologies to Kierkegaard

Jun. 5, 2023
By Arthur Gilbert

Even if the results AI achieves are helpful, its use may foster the atrophy of the human creative brain. If this happens, our ...


Legal Education

Cancel “Berkeley?”

Jun. 5, 2023
By Myron Moskovitz

“Berkeley” denoted Bishop George Berkeley, a prominent Irish philosopher. I had only a passing acquaintance with 18th century ...


Family

Cultural interest in marriage was created before the California solemnization of marriage. In some far horizons, many moons be...


Ediscovery, California Supreme Court

California Supreme Court Review: May 2023

Jun. 5, 2023
By Andrew S. Ong, Yoona Lee

If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the gro...


Torts/Personal Injury, Insurance

Insurance company wrongfully conflates duty to defend with insured’s potential liability in third party action. On appeal, the...


Government, Environmental & Energy

Ironically, the governor's proposal to streamline and simplify CEQA may be delayed until next year due to its complexity.


Government, Constitutional Law

'Deputy Gangs': fact or fiction?

Jun. 2, 2023
By Tom Yu

Within each patrol station, there are station tattoos that are unique to the unit of assignment. Apparently, the only two grou...


Civil Procedure, Alternative Dispute Resolution

Legal professionals practicing in the cryptocurrency sector must keep jurisdictional challenges in mind, particularly when dea...


Land Use, Government

Hurdles remain for Colorado River agreement

Jun. 2, 2023
By Meredith E. Nikkel, Samuel Edward Bivins

Lower Division States’ agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in...


Government, Constitutional Law

The requirement that employers bargain before implementing new terms and conditions of employment is sacrosanct and should be ...


Military Law

Incarcerated veterans gathered into HUBs

Jun. 1, 2023
By Eileen C. Moore

Veteran’s failed suicide led to monumental changes in California’s prisons for incarcerated veterans.


If someone is unable or unwilling to even receive certain information or limits the sources from which they are willing to rec...


U.S. Supreme Court, Government

In a strongly worded dissent, Justice Samuel Alito, joined by Justice Neil Gorsuch, asserts that because the petitioners are n...


Labor/Employment

No wonder employment attorneys are among the most fortunate in our profession. We are smart, bold, personable, creative, savvy...


Alternative Dispute Resolution, Administrative/Regulatory

Tips to streamline settlement of CEQA lawsuits

May 31, 2023
By Gideon Kracov

The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore ...


If someone as iconic and famous and, in theory, powerful as Tina Turner struggled so much to separate herself from her abuser,...


U.S. Supreme Court, Intellectual Property

A transformative decision on fair use?

May 31, 2023
By Ashfaq G. Chowdhury

Some Observations on Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.


In addition to incarceration, Holmes and Ramesh “Sunny” Balwani were ordered to pay jointly and severally over $450 million in...


Raising the debt ceiling is imperative for the American people. Congress needs to legislate on behalf of all Americans, not pa...


An attorney used generative artificial intelligence to write a pleading. What followed was a lawyer's worst nightmare. By Pau...


Alternative Dispute Resolution

Both poker and mediation negotiations involve perceived wagers and evoke a tension between playing one’s cards and playing one...


Land Use, Constitutional Law

Takings day at SCOTUS

May 30, 2023
By Michael M. Berger

A wag once noted that “a navigable river is any river with enough water in it to float a Supreme Court opinion.” See United St...


U.S. Supreme Court, Military Law, Government

Since the high court ruled that the National Guard acts as a federal agency due to its supervision and hiring of dual-status t...


Securities

SEC mandates tighter share repurchase disclosure

May 30, 2023
By Sara L. Terheggen

Companies should use the available transition period to establish their disclosures, benchmark against peers and be nimble eno...


Land Use, Insurance

Most of the damages caused by earth movement are not covered by insurance. Mitigation funding through geologic hazard abatemen...