U.S. Supreme Court, Labor/Employment
Workers facing discipline for destroyed concrete due to union strike may still be protected
By Richard G. McCracken
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
Establishing protocols for videoconference depositions
By Scott E. Boyer
As several recent cases illustrate, the remote nature of videoconference depositions has also lent itself to deposition abuses...
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?
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...
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
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 ...
“Berkeley” denoted Bishop George Berkeley, a prominent Irish philosopher. I had only a passing acquaintance with 18th century ...
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
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
Extrinsic evidence may be used to defeat application of insurance policy exclusion
By Peter S. Selvin
Insurance company wrongfully conflates duty to defend with insured’s potential liability in third party action. On appeal, the...
Government, Environmental & Energy
Legislature finds governor's modest CEQA reforms too complex for a vote this year
By Sam Bacal-Graves, Megan V. Unger
Ironically, the governor's proposal to streamline and simplify CEQA may be delayed until next year due to its complexity.
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
Cryptocurrency sector arbitration provisions create jurisdictional uncertainties when applied to consumer claims
By Ibrahim Ati, Shahab Shawn Shaffie
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
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
Deputy sheriffs rolling up their sleeves: a win for workers
By Will Hanley
The requirement that employers bargain before implementing new terms and conditions of employment is sacrosanct and should be ...
Veteran’s failed suicide led to monumental changes in California’s prisons for incarcerated veterans.
Law Practice
Just because they think differently from you doesn’t make them wrong
By Mark B. Baer
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
High court finds dual-status contractors subject to labor relations protections
By Jonathan Andrews
In a strongly worded dissent, Justice Samuel Alito, joined by Justice Neil Gorsuch, asserts that because the petitioners are n...
Labor/Employment
The uniqueness and satisfaction of practicing employment law
By John S. Adler
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
By Gideon Kracov
The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore ...
Family
Tina Turner fled abusive husband with only 36 cents and a Mobil gas card in her pocket
By Eugene M. Hyman
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?
By Ashfaq G. Chowdhury
Some Observations on Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.
Criminal
The surrender of Elizabeth Holmes: a complex and cautionary tale of ambition turned deceit
By Panda L. Kroll
In addition to incarceration, Holmes and Ramesh “Sunny” Balwani were ordered to pay jointly and severally over $450 million in...
Government
Not raising the debt ceiling would hurt the average American most
By Ty Carss
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
Mediation is poker, not chess: a mediator’s guide to “Rounders”
By Bret Geckeler
Both poker and mediation negotiations involve perceived wagers and evoke a tension between playing one’s cards and playing one...
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
National Guardsman have same protections as federal employees
By Ryan C. Nerney
Since the high court ruled that the National Guard acts as a federal agency due to its supervision and hiring of dual-status t...
Companies should use the available transition period to establish their disclosures, benchmark against peers and be nimble eno...
Land Use, Insurance
The use of geologic hazard abatement districts to mitigate landslides
By Patricia E. Curtin
Most of the damages caused by earth movement are not covered by insurance. Mitigation funding through geologic hazard abatemen...