Insurance, Civil Procedure, 9th U.S. Circuit Court of Appeals
9th Circuit confirms use of extrinsic evidence in interpreting insurance policies
By Kirk A. Pasich
Insurance coverage disputes always start with questions about the interpretation of insurance policies. But despite decades of...
International Law
When the goalposts move: Rethinking dispute strategy in Mexico
By Ilan Katz
Mexico's ongoing judicial reforms are reshaping how foreign investors think about risk, enforcement and dispute resolution.
Antitrust & Trade Reg.
California should lead on competition while Washington falters
By Gene Kimmelman
As federal antitrust enforcement falters and monopolies tighten their grip on the economy, California's COMPETE Act aims to cl...
As courts repeatedly block executive overreach, the judiciary's role as an independent check on presidential power underscores...
A Father's Day reflection on the tough-love generation of dads whose quiet sacrifices, humor and hard-earned wisdom shaped the...
Technology
The ghost in the courtroom: From AI chatbots to 'agentic litigation'
By Timothy Spangler, Steven E. Young
AI is reshaping litigation by challenging traditional attorney-client privilege, work product doctrine and discovery rules, wh...
Law Practice
Inconceivable! Judges mangling famous lines from literature
By Ashfaq G. Chowdhury
A Shakespearean phrase commonly used to describe ignored rules originally meant the opposite and its evolution illustrates how...
Alternative Dispute Resolution
Costing nothing, but buying everything: Common courtesies in arbitration, part two
By Christopher David Ruiz Cameron
Simple courtesies such as accommodating witness availability, allowing remote testimony, stipulating to produced documents, an...
Public distrust of lawyers and judges, fueled by high-profile scandals and everyday misconduct, threatens confidence in the ju...
Ethics/Professional Responsibility
When helping hurts: Understanding and managing vicarious trauma in legal practice
By Noel E. Guth
Attorneys absorb clients' trauma every day, yet the profession rarely acknowledges the toll. Recognizing vicarious trauma is e...
Litigation & Arbitration
20 cases, one message: Arbitration law is in flux
By Paul Dubow
California appellate courts issued 20 arbitration decisions in the first five months of this year, tackling high-stakes questi...
Insurance
Title insurance law improvement could provide greater 'peace of mind'
By Douglas W. Stern
California could improve the peace-of-mind protection promised by title insurance by allowing title insurers to substitute the...
Alternative Dispute Resolution
Costing nothing, but buying everything: Common courtesies in arbitration, part one
By Christopher David Ruiz Cameron
Simple professional courtesies, such as accepting reasonable procedural suggestions, meeting and conferring before raising dis...
Civil Procedure
California's civil procedure morass and the federal fix in 35 states
By Loren Kieve
For a state that prides itself on innovation, California's civil procedure rules have become unnecessarily complex, driving up...
Wills, Estates & Trusts
Restraints that won't hold: What Godoy v. Linzner means for California fiduciaries and beneficiaries
By Madeleine Vasily
A new Court of Appeal decision, Godoy v. Linzner, holds that trust provisions restricting beneficiaries' ability to ...
Heppner fired the warning shot. Morgan drew th...
Torts/Personal Injury
Supreme Court glyphosate fight is supposed to redefine failure-to-warn lawsuits, but will it?
By R. Brent Wisner
Monsanto v. Durnell asks whether federal pesticide labeling law preempts state failure-to-warn claims, a question emerg...
Consumer Protection Law
Regulatory law is both an art and a science
By Pejman Javaheri
What food companies can learn from the David Protein lawsuit: When regulatory compliance, science and consumer perception coll...
Civil Procedure
Can we end discovery abuse? A Kotter-inspired blueprint for reform
By Mel Red Recana
A proposed overhaul of California discovery practice applies John P. Kotter's change-management framework to create a faster, ...
A Justice Department opinion seeks to dismantle decades of employment discrimination protections by making it far harder for w...
Constitutional Law
Proposition 50's gerrymander worked exactly as designed
By James R. Bozajian
Post-primary analysis of Proposition 50's redistricting shows a near-elimination of competitive California congressional distr...
Environmental & Energy
Providing environmental protection or merely performing it
By Nicholas Targ
California's environmental and land use laws have become so focused on process and litigation that they often fail to deliver ...
Letters
Noting women's leadership across the federal and state bench in San Diego
By Timothy G. Williams
San Diego's federal and state courts continue to be led by a strong roster of women judges and justices serving in key chief a...
As California expands CARE Court, meaningful access and communication must remain central to due process.
Wills, Estates & Trusts
Tung decision signals more expansion to fulfilling testator intent
By John Scheerer
In In re Tung Trust, the California Court of Appeal held that a general survivorship clause was insufficient to overrid...
Criminal
When rehabilitation and public safety collide: Lessons from the parole bench
By William M. Paparian
California's elderly parole system has tilted too far toward releasing serious sex offenders, underscoring the need for strict...
Health Care, Pharmaceuticals, Biotech
California must go it alone on universal medical care
By William W. Bruzzo
The United States spends more on healthcare than any other developed nation, yet Americans do not live longer or healthier liv...
Environmental & Energy
Beyond compliance: How atrazine litigation is redefining manufacturer responsibility
By Pedram Esfandiary
Atrazine's growing legal and scientific scrutiny is forcing new questions about manufacturers' duty to warn, environmental exp...
Law Practice
What caregiving taught me about being a better lawyer
By Jessica K. Lomakin
A working mother and law firm partner reflects on the "fourth shift"--the invisible, unbilled labor of caregiving--and argues ...
Civil Procedure, Alternative Dispute Resolution
The 10-day trap in arbitration appeals
By Garret D. Murai
Mind those deadlines! Party loses appeal of arbitration decision by failing to timely file petition to vacate.