Law Practice, Government
California’s new consumer litigation finance bill is laudable, but imperfect
By Mark Chen
The bill arms consumers with important rights and protections, but most consumers won’t know how to enforce those rights. Add...
U.S. Supreme Court, Constitutional Law
Clarifying the dormant commerce clause
By Erwin Chemerinsky
The bottom line is that the Court ruled in favor of the ability of states to regulate what is sold in their borders, even if t...
U.S. Supreme Court, Constitutional Law
Extraterritorial state statutes and the emerging horizontal separation of powers doctrine
By Adi Dynar
For litigators looking to challenge state regulations that reach into the affairs of other states, the most profound insight c...
Expert Advice, Ediscovery
A comprehensive guide to selecting and preparing an effective Rule 30(b)(6) witness for e-discovery
By Daniel B. Garrie, Thomas I. Vanaskie
Preparation is crucial for a Person Most Knowledgeable witness handling e-discovery matters, as their testimony will represent...
Technology, Ethics/Professional Responsibility
Programming professionalism: the ethics of artificial intelligence
By Wendy L. Patrick
Although AI has proven over the years to be a helpful way to enhance the speed and accuracy of tasks – such as legal research ...
Technology, Ethics/Professional Responsibility
The ethics of the robot lawyer
By James D. White
If an attorney visits a client’s website, then uses an AI model to research the facts of their case, it is possible that a dat...
Civil Procedure
Motions for summary judgment: Beware of “The UMF Trap!”
By Myron Moskovitz
Tell your complete story in your MPA and in the exhibits. But don’t try to tell it in the UMF. It won’t do you any good, and i...
Contracts, California Courts of Appeal
To pay or not to pay: knowing when you can and can’t rely on a Force Majeure
By Philip McDermott, Willow Karfiol
Recent California Appeals Court decisions reveal that although COVID-19 certainly classified as a force majeure, individualize...
Appellate Practice
The appeal of putting an appellate lawyer on a trial team
By Thomas G. Sprankling
It is becoming increasingly common for appellate attorneys to embed themselves in a trial team just weeks or months before the...
Civil Litigation
How third-party litigation financing works, and who benefits
By Reza Torkzadeh, Allen P. Wilkinson
Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance ca...
Health Care, Pharmaceuticals, Biotech, Government
Mifepristone debate could jeopardize access to many other FDA-approved drugs
By Eva Temkin, Anne Voigts
It is important to recognize the broad reach of the courts’ decisions in this case, the potential impacts of which are not lim...
California Supreme Court
California Supreme Court Review: April 2023
By Andrew S. Ong, Ariel E. Rogers
Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger cove...
Letters
As predicted, Madrigal vs. Hyundai Motor America was modified and remanded
By Ogochukwu Victor Onwaeze
While the plaintiffs in this case may end up dodging the bullet, the opinion still remains a wary trap for litigators and it i...
Labor/Employment, Government
Caste discrimination: what employers need to know about California’s potentially new protected category
By Krista Mitzel, Ronak Patel
The California Civil Rights Department will be required to collect and analyze data on caste discrimination complaints, which ...
The legislative process is exciting. As lawyers, it is important to be involved in the legislative process because we know how...
Torts/Personal Injury, Insurance
The importance of early disclosure of policy limits in personal injury cases
By Stephanie E. Charlin
While it is arguably much easier for defense attorneys to determine their clients’ applicable policy limits, it is nearly impo...
Judges and Judiciary
Commissioned painting underscores why Justice Clarence Thomas should resign
By Julie A. Werner-Simon
The painting’s subject matter and its centerpiece-placement at Crow’s private luxury resort show not just the importance of th...
Alternative Dispute Resolution
Resolving intractable cases is the mediator’s dominion
By Halim Dhanidina
The behind-the-scenes negotiations between Fox News and Dominion Voting Systems ended up accomplishing far more, in terms of a...
Law Practice, Ethics/Professional Responsibility
Beyond compliance: elevating your legal practice with ethical excellence
By George Cardona, Catherine Ongiri
Government, Criminal, California Courts of Appeal
A beach gang, a rock fort, and the expansion of the California Coastal Act
By Dione Garlick, Ritchie Vaughan
The Court analogized the allegations of harassment, which included throwing rocks at visitors, running over people with surfbo...
Alternative Dispute Resolution
Arbitration can be your solution to resolve disputes under CCPA’s private right of action
By Daniel B. Garrie
Arbitration can be a valuable alternative dispute resolution method for CCPA’s private right of action. It is faster, less exp...
Ethics/Professional Responsibility, Class Action
Ethical considerations in settling class actions
By Lauren M. Blas, Wesley Sze
Class settlements often involve unique deal terms that can implicate counsel's ethical obligations. Two areas that have been t...
Government, Constitutional Law
Disney sues DeSantis: Who has the strongest case?
By Omar Ochoa
If the case moves in Disney’s favor, it could set a precedent that leads to greater corporation freedom. While this could pote...
In a cultural setting, the basis for attorney payment is appreciation for services, not hourly work or wage payment.
U.S. Supreme Court, Legal Education
The Dust Bowl and the Supreme Court (Part II)
By John S. Caragozian
California’s Depression-era anti-Okie law had three ironic endings, none of which could have been contemplated at the time by ...
Judges and Judiciary
Clogged courts are empaneling limited-English-speaking jurors, despite what the law requires
By Patrick S. Nolan
Code of Civil Procedure Section 203(a)(6) states: All persons are eligible and qualified to be prospective trial jurors...
Entertainment & Sports
Stream It Tonight! 'Leave Her to Heaven' (1945)
By Paul Bergman, Michael Asimow
Vincent Price plays the part of a prosecutor who ignores both evidence rules and the Constitution by calling the defendant as ...
HEALTHY Divorce was created at the height of the pandemic as a way to reduce the negative physical and mental health outcomes ...
Labor/Employment
California employers could face stronger WARN obligations
By Sonya D. Goodwin
On Feb. 17, Assembly Bill 1356...
“In the context of litigation between insurers, “[a]lthough courts often use the terms `equitable contribution,’ `equitable in...