Law Office Management
The reckoning of the billable hour, part four
By Bahram Seyedin-Noor
Most lawyers are married to the billable hour. As AI enters the legal profession, the question is how it will transform the fe...
Construction
The 'retained control' exception under the Privette doctrine
By Garret D. Murai
Under the Privette doctrine's "retained control" exception, a general contractor isn't liable for a s...
Technology
How California's strict AI rules threaten access to justice for public defenders and low income litigants
By Joe Stephens
California's proposed attorney ethics rules requiring lawyers to personally verify all AI-generated work would largely elimina...
Employment cases are often won or lost years before trial because everyday workplace decisions, manager communications and int...
Alternative Dispute Resolution
Sit, stand or kneel? Preparing clients for mediation
By Matt White
A successful mediation depends on preparing clients for an unfamiliar process by explaining what to expect, addressing case st...
Constitutional Law
Expressive governance goes to court in the Northern District
By Simona Grossi
A closely watched Northern District case could reshape how courts evaluate claims that the government uses procurement and oth...
The IRS's new guidance on the Opportunity Zone program clarifies key transition rules under the One Big Beautiful Bill Act, pr...
Torts/Personal Injury, Evidence, Administrative/Regulatory
First driverless ticket may become evidence in AV litigation
By Kenneth P. Williams
California's new autonomous vehicle enforcement rules may transform traffic violations into critical evidence in future litiga...
Torts/Personal Injury, Class Action
Investigators mine a Meta whistleblower's 2021 disclosures to build discovery roadmaps
By Harry Kazakian, Tigran Martinian
Internal research a former Meta product manager leaked years before the MDL was filed is now guiding custodian lists and searc...
Labor/Employment, Civil Procedure
Remote workers, noncompetes and the new choice-of-law battlefield
By David S. Cunningham III
For a remote workforce distributed across state lines, the practical challenge is no longer determining whether a noncompete i...
Constitutional Law
The troubling implications of the Supreme Court's transgender athlete decision
By Erwin Chemerinsky
The U.S. Supreme Court's decision upholding West Virginia's ban on transgender girls participating in girls' sports continues ...
AI will dramatically increase litigation productivity for lawyers and self-represented parties alike, but without investment, ...
Civil Procedure
The limits of inadvertent disclosure
By Sanford Jay Rosen, Ernest Galvan
The 4th District draws a clearer line on inadvertent disclosures, holding that only obviously privileged or work product mater...
Class Action
Cortina serves as a cautionary tale in the use of representative evidence
By Phillip J. Ebsworth, Gina Gi
The Fifth Appellate District's decision in Cortina v. North American Title Company reaffirms Duran while signali...
Securities
Supreme Court bars implied private right of action under Investment Company Act
By Joshua D.N. Hess
The ruling delivers a significant victory for the registered investment industry, sharply limiting the ability of activist sha...
Consumer Protection Law
Service charges under fire: Navigating a new wave of hospitality litigation
By Amanda K. Monroe
Hospitality businesses are facing growing legal exposure over service charges as courts, regulators and consumers increasingly...
As courts grow increasingly impatient with meritless litigation, attorneys who cross the line from tenacious advocacy to frivo...
From a tax viewpoint, condemnation recoveries can trigger taxable gain, but Section 1033 of the Internal Revenue Code may allo...
PFAS: Forever chemicals with forever litigation?
By Joshua W. Praw, Gray H. Harlan
The same chemical properties that made PFAS commercially valuable have also created long-tail risks for manufacturers, insurer...
How not to split a baby: On 'Solomonic' decisions
By Ashfaq G. Chowdhury
The Judgment of Solomon produced enduring legal metaphors, but neither "splitting the baby" nor "Solomonic" means quite what l...
Health Care, Pharmaceuticals, Biotech
California's prior authorization remodel begins
By Henry Norwood
California's new prior authorization law does more than limit insurers' use of prior authorization--it gives the Department of...
Twenty years of practicing criminal law has offered lessons that extend well beyond the courtroom, shaping my views on advocac...
Immigration
Les Misérables, Aujourd'hui: Trump immigration policies create the 'scofflaws' they condemn
By Sergio A. Perez, Lizbeth Iniguez
Trump administration immigration policies are not merely enforcing the law--they are reshaping immigrant behavior in ways that...
Health Care, Pharmaceuticals, Biotech
California corporate practice doctrines after the Carbon Health settlement: Enforcement is evolving, not the law
By Shalyn S. Watkins
The Carbon Health settlement does not change California's corporate practice of medicine doctrine. It signals a more aggressiv...
Administrative/Regulatory
Can the Administrative Procedure Act limit rapid executive policy change?
By Stephen Kaus
The Administrative Procedure Act requires agencies to engage in reasoned decision-making before changing policy. Recent cases ...
Wills, Estates & Trusts
Can a will discriminate when the dead hand controls the future?
By Clifford Klein
California strongly protects testamentary freedom, but wills and trusts that discriminate on the basis of race, religion or ot...
Wills, Estates & Trusts
Beyond the family home: The Great Wealth Transfer and the rise of stewardship - part one
By Holly Gilani, Barry Resnick
The Great Wealth Transfer is shifting estate planning from simply transferring assets to preparing future generations to gover...
Health Care, Pharmaceuticals, Biotech
Health care fraud is surging, and enforcement is racing to keep up
By Derrelle Janey, John G. Moon
California has emerged as a major focal point in the healthcare fraud crisis, with regulators targeting a surge of sham hospic...
Torts/Personal Injury
The overlooked safety decisions behind serious truck crashes
By Daniel W. Munley
The U.S. Supreme Court's May decision in Montgomery v. Caribe Transport II LLC has ...
Ethics/Professional Responsibility
McGrath: Potential conflicts can void engagement agreements
By Brandon L. Winchel
McGrath underscores the importance of identifying and disclosing potential conflicts of interest at the outset of a rep...