Communications Law
Federal approval, state authority and the future of California landlines
By Thaila Sundaresan
AT&T's effort to retire traditional landline service in California presents a classic federalism dispute over the boundary...
Law Practice, Ethics/Professional Responsibility
The weight wrongful death lawyers carry home
By Yosi Yahoudai, Parham Nikfarjam
Wrongful death cases require more than legal skill. They require empathy, restraint, emotional discipline and better training ...
Constitutional Law
Geofence warrants after Chatrie: new limits, same old constitutional duty
By William M. Paparian
The Supreme Court's decision in Chatrie v. United States holds that geofence warrants seeking Google location data constitute ...
Labor/Employment
The safety tool retailers keep leaving on the shelf
By John N. Dahlberg
Workplace Violence Restraining Orders under CCP § 527.8 offer retailers a far more effective way to stop recurring violence, t...
Technology, Labor/Employment
California's AI over-legislation problem: Why existing employment law already has it covered, part 2
By Brett Young
Part two of this series argues that pending California AI workplace bills define "automated decision system" so broadly that t...
Technology, Ethics/Professional Responsibility
Bias is implicit in all AI, even legal AI
By Susan L. Greenberg
Attorneys who use AI must do so with their eyes wide open, understanding its limitations and recognizing that their work is ju...
Books
Book review: The Adventures of Herman, a Very "Special" Parrot
By George G. Lomeli
Retired Judge Rand S. Rubin's The Adventures of Herman is more than a charming children's book--it's a thoughtful story about ...
Data Privacy
California's website tracking litigation nears a defining moment
By Ranjan A. Lahiri
As California's website tracking litigation enters a new phase, the question is no longer whether businesses will continue to ...
Insurance, Contracts
Payment of benefits does not excuse unreasonable delay
By William A. Foster
A recent appellate decision makes clear that an insurer's unreasonable delay in paying benefits can trigger bad faith liabilit...
Ethics/Professional Responsibility
Four steps for lawyers to harness AI without the risks
By Crawford Appleby
AI is reshaping legal practice, but attorneys must use it competently and ethically to avoid becoming the next cautionary head...
Technology, Appellate Practice
Using AI to supercharge an appellate practice
By Kirk C. Jenkins
AI is transforming appellate practice, but its greatest value is not in replacing lawyers but in helping disciplined advocates...
Evidence, Ediscovery
Fixing our broken civil discovery culture: The problem of 'any and all writings evidencing or related to'
By Lawrence P. Riff
Overly broad discovery requests waste time, drive up costs and fuel unnecessary disputes; smarter, more targeted requests get ...
Labor/Employment, Civil Litigation
The safety valves are failing as ordinary cases produce extraordinary verdicts
By Leonid M. Zilberman
Two verdicts, one summer: What Byrne v. Ameris Bank and Glick v. City of Los Angeles should teach every employme...
Ethics/Professional Responsibility
Malpractice exposure and the knowledgeable client
By Shari L. Klevens, Alanna G. Clair
A lawyer's professional obligations do not change based on a client's sophistication. But when malpractice claims arise, a cli...
Civil Procedure, Appellate Practice
Laying up or going for the green? Maniago and the risks of aggressive appellate strategy
By Andrew Workman, Charles Hyun
Appellate strategy, like golf, rewards patience over shortcuts. In Maniago, the California Supreme Court reminds litigants tha...
Class Action, Civil Procedure
Return to the cave: AI and the protection of absent parties
By Karin Schwartz
Artificial intelligence could help judges identify errors and protect absent or vulnerable parties in uncontested proceedings,...
A Senate contempt finding against Dr. Anthony Fauci for invoking the Fifth Amendment raises complex constitutional questions a...
Law Practice
The Gates Foundation's Epstein probe has a scope problem
By Keith Rohman, Susan Woolley
WilmerHale's review of the Gates Foundation's ties to Jeffrey Epstein illustrates how a narrowly scoped investigation can prod...
When a driverless car breaks the law in California, the violation now goes to the manufacturer's regulator instead of to a dri...
Constitutional Law
Trump to E. Jean Carroll: I owe you nothing because I'm president
By William Rothbard
If the Supreme Court accepts Trump's sweeping immunity claims, it could erase Carroll's $83 million judgment and transform per...
Labor/Employment
Navigating the hazy boundaries of public employee speech
By Rebecca G. Powell
The Ninth Circuit's Theis decision clarifies public employees' workplace speech protections, holding that when employee...
Alternative Dispute Resolution
A word to the wise: sayings can save a mediation
By Maria A. Audero
Effective mediation requires attorneys to prepare not only the case but also the client by reducing anxiety, encouraging persp...
Construction
Why construction experience matters in mediating construction disputes
By Robert S. Mann
In construction disputes, a mediator's experience and subject-matter knowledge can often guide the parties toward a resolution...
Constitutional Law
Detain but do not arrest: A Purple Heart veteran's claim and the limits of Title 32 authority
By William M. Paparian
King's case illustrates the legal limits of Title 32 detention authority and the accountability challenges that arise when Nat...
IRS Form 4669 serves a legitimate purpose in worker-classification disputes but requiring it in employment settlements may be ...
Purpose-built AI tools that catch curable defects before filing and flag issues during court review--from pleadings and defaul...
Technology, Labor/Employment
California's AI over-legislation problem: Why existing employment law already has it covered, part 1
By Brett Young
While California leads the world in AI innovation, its legislature is advancing sweeping AI workplace regulations that broadly...
Alternative Dispute Resolution
Revisiting familiar assumptions about California arbitration
By Jillian London, Marissa Mulligan
California courts and legislation have narrowed several long-held assumptions about arbitration--including its confidentiality...
Ethics/Professional Responsibility
Do I have a conflict? Case law reveals some practical ways to know
By Wendy L. Patrick
A recent California decision reinforces that a lawyer's move to a new firm does not automatically create a disqualifying confl...
Family
Whose fault is it? His? Hers? Theirs? Or nobody's?
By Scott J. Nord, Annabel Binandeh
California's status as a pure no-fault divorce state, established in 1969, is now facing renewed reform proposals, prompting a...