Wills, Estates & Trusts
Beyond probable cause: When no-contest clauses are strictly enforced
By Joshua Taylor
For beneficiaries considering a challenge to an estate plan, the substantive strength of a claim may not be enough to protect ...
Civil Procedure
Fixing our broken civil discovery culture: Objectionable objections
By Lawrence P. Riff
Routine, meritless objections to written discovery delay litigation, increase costs and burden courts, and calls on lawyers an...
Law Practice
The case for thinking like a lawyer before going to war
By Robert L. Bastian Jr.
Legal reasoning can help presidents test assumptions, confront historical precedent and determine whether military force can a...
AI agents may soon remember our marriages better than we do, creating a powerful new kind of evidence--and forcing family cour...
Alternative Dispute Resolution
Beyond the merits: The executive lens on legal disputes
By Michael Schwimmer
The legal merits don't always drive litigation strategy. To be a true business partner, counsel must understand the leverage, ...
Law Practice
Facts not in evidence: Generational blind spots in legal culture and the law's lag
By Fatemeh Mashouf
Generational differences are reshaping legal culture, requiring attorneys and mediators to recognize changing communication st...
Labor/Employment
9th Circuit reviews challenge to California's captive audience law
By D. Andrew Quigley, Marissa Rael
The 9th Circuit is weighing whether California's "captive audience" law unlawfully restricts employer speech and conflicts wit...
Many families concentrate on minimizing estate tax, but families whose wealth is below the federal estate-tax exemption may fa...
Judges and Judiciary, Ethics/Professional Responsibility
The death of an ethical judge
By Anthony J. Mohr
A Japanese judge starved rather than violate a law he believed was unjust. His tragic choice raises enduring questions about w...
Family
Too many courts, one child: Fixing California's custody jurisdictional priority problem
By Daniel J. Kern
Jurisdictional priority among family law, juvenile dependency and probate courts must be reexamined to prevent conflicting or...
Ethics/Professional Responsibility
New law restricts corporate funder influence over litigation decisions
By Philippa J. Balestrieri, David M. Jargiello
AB 2305 draws a bright line between funding litigation and controlling it, allowing certain financial arrangements while barri...
Insurance
When systems crash: Avoiding common errors in network interruption claims
By Richard DeNatale
Policyholders can maximize recovery from network interruption claims by avoiding four common mistakes that can lead to dispute...
Appellate Practice
Working, Part 5: Adding meat to the bones with 'AOB 2'
By Myron Moskovitz
In the latest installment of his brief-writing series, Myron Moskovitz explains how he builds an appellate opening brief by as...
Consumer Law
California, America's playground (unless you're a data broker)
By Morgan Jones
California's first Delete Act enforcement actions put data brokers on notice: Regulators are moving quickly, and companies tha...
The 9th Circuit BAP's proposed filing changes would streamline appeals, but aligning its record-excerpt rules with the 9th Cir...
Consumer Protection Law
Proposed SB 690 eliminates pen register CIPA claims but leaves website privacy litigation intact
By Logan Leonard
SB 690 could wipe out most pending pen register claims and curb efforts to stack statutory damages, even as plaintiffs continu...
Civil Procedure
California closes a gap that let life-altering court errors go uncorrected
By Kate Marr
The California Supreme Court ruled that courts must provide indigent litigants with an official verbatim record, including thr...
Letters
The wrong lesson from the demise of the California Court Case Management System
By Loren Kieve
California's failed Court Case Management System reflected poor management rather than a flawed goal, and the state continues ...
Technology
New laws protecting children from social media and AI need enforcement to be effective
By Zachary N. Zaharoff
California's new child-safety laws create new avenues for holding social media and AI companies liable, but their effectivenes...
Environmental & Energy
Aesthetic injuries, standing and the White House ballroom
By Erwin Chemerinsky
The Supreme Court's East Wing ruling casts doubt on decades of precedent recognizing aesthetic injury as sufficient for standi...
Evidence
Back-to-school hearsay quiz is back to test your evidence law skills
By Ashfaq G. Chowdhury
This second annual back-to-school quiz tests California attorneys' knowledge of hearsay and other evidence rules through 10 pr...
Alternative Dispute Resolution
How to pick the top dog for your mediation
By Diana Maier
Choosing the right mediator is a lot like choosing the right dog: Attorneys should look beyond pedigree to find the temperamen...
Courts weighing whether to restrict a parent's social media activity during a custody dispute must balance the child's best in...
Intellectual Property
Comedy's copyright awakening: How Pandora litigation signals a potential shift in the comedy business
By Sam Roseme, Megan McWaters
The Pandora litigation shows how comedians are challenging traditional copyright models as streaming and AI create new opportu...
Family, Bankruptcy
When family law judgments meet bankruptcy court
By James P. Menton Jr.
From fraudulent transfers and strategic bankruptcies to hidden assets and sham entities, family law attorneys need actionable ...
Torts/Personal Injury
Fewer garbage-truck crashes, good. The same fatal cases, bad.
By Yosi Yahoudai, Parham Nikfarjam
Garbage-truck collisions are falling, but those dying are still overwhelmingly outside the cab, caught in routine backing and ...
"Billboard lawyers" is just the latest insult aimed at the plaintiffs' bar, following decades of others -- from "tasseled loaf...
The First District's ruling that San Francisco's Empty Homes Tax is preempted by the Ellis Act reinforces an owner's right to ...
Prop. 45 will speed data center construction
By Matthew McKerley, Richard M. Frank
Proposition 45's plain language, and millions of dollars in donations from data center developers, show that the measure will ...
Family
Can a divorcing parent post and profit from photos of their kids? (Part I)
By Scott J. Nord, Firdaus F. Dordi
When a celebrity divorce turns into a fight over posting the kids online, who decides--and who gets paid?