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Constitutional Law

Double jeopardy: Oh no! You again!

Mar. 25, 2024
By James P. Cooper III

California has enacted several statutes that provide greater double jeopardy protection than the constitutional clauses, and b...


Ethics/Professional Responsibility

Legal ethics lessons learned from COPRAC opinions

MCLE
Mar. 22, 2024
By Joanna L. Storey Mishler

The Committee on Professional Responsibility and Conduct has published several ethics opinions and helps lawyers navigate risk...


Malicious and negligent employees and contractors account for one-third of data breaches.


Torts/Personal Injury

Parental liability for minor child’s torts

Mar. 22, 2024
By Reza Torkzadeh, Allen P. Wilkinson

Parents can be held liable for up to $25,000 for the injuries, death, or damage caused by their child’s willful misconduct.


Labor/Employment

PAGA claims: Still room for uncertainty

Mar. 22, 2024
By Jonathan Andrews, Monique Ngo-Bonnici

There is a lack of clarity regarding the preclusive effect of an arbitrator’s decision in the individual PAGA action and wheth...


Environmental & Energy

Clearing the air on criminal enforcement of hydrofluorocarbon importation laws

Mar. 22, 2024
By Davina Pujari, Christopher Rheinheimer

Michael Hart is the first person to be charged with illegally importing HCFC-22, a hydrochlorofluorocarbon that depletes the o...


Constitutional Law

Commute them all, revisited

Mar. 22, 2024
By David A. Carrillo, Brandon V. Stracener

The California Supreme Court has only a limited and procedural review of the governor’s clemency power, and it should concur w...


Labor/Employment

Common misconceptions about PAGA penalties

MCLE
Mar. 21, 2024
By JJ Johnston

Parties need to educate themselves about the penalties and procedures under PAGA, the difference between statutory and civil p...


‘Above the Ground’ by Dan Lawton is a gripping non-fiction book that educates readers about the conflict in Northern Ireland d...


Technology

ByteDance, the owner of TikTok, has to decide whether to sell the company, risk a government ban, or go public in the face of ...


Technology

Banning TikTok would erode users’ confidence in the government, tarnish America’s reputation for freedom of expression, and tr...


Constitutional Law

The decision leaves open many questions about the meaning and implementation of Section 3, especially the criteria of “congrue...


Torts/Personal Injury, Technology

The approval of Google’s WAYMO self-driving taxis in Southern California raises legal issues involving safety, liability, and ...


Torts/Personal Injury

Understanding accidental shootings and their causes

Mar. 20, 2024
By Michael C. MacNeil

Unintentional shootings are profound tragedies that leave an indelible impact on many lives, and can result from improper stor...


U.S. Supreme Court, Labor/Employment, Constitutional Law

The Supreme Court justices asked questions about the historical reasons for the FAA’s exemption, the relevance of the exemptio...


Technology, Government

California continues wave of artificial intelligence legislation

Mar. 20, 2024
By Kevin J. White, Jesse Borja

AB 2930 aims to prevent algorithmic discrimination by imposing various requirements on developers and users of AI systems that...



Obituaries

A tribute to Larry H. Parker (1948-2024)

Mar. 20, 2024
By Michael E. Rubinstein

Larry H. Parker passed away earlier this month, leaving behind a legacy of fighting for the rights of the injured. He was reme...


Los Angeles County is failing to provide adequate legal defense for the accused due to high caseloads and staff shortages.


Torts/Personal Injury, Ethics/Professional Responsibility

The confidentiality rule for lawyers, which allows but does not require disclosure of information to prevent death or substant...


Technology, Insurance

Both insurers and insureds need to be transparent and diligent in assessing the risks and exposures of AI use and need to upda...


Civil Procedure, Civil Litigation

Civil litigators in California Superior Court should consider stipulating to apply Rule 26 of the Federal Rules of Civil Proce...


Letters

U.C. Berkeley Law Dean Erwin Chemerinsky criticizes the Supreme Court’s conclusion but fails to acknowledge that Section 3 can...


The California Department of Housing and Community Development released its revised Draft Guidelines to the Surplus Land Act, ...


Land Use, Environmental & Energy

Assembly Bill 1307 exempts social noise from CEQA as a significant environmental impact and simplifies the process for univers...


Tax

Do tax issues impact mediations?

Mar. 18, 2024
By Robert W. Wood

Post-settlement disputes over taxes can occur, especially if the settlement agreement is silent or vague on tax reporting, wit...


Technology, Labor/Employment

AI and DEI programs can have significant benefits for businesses and workers, depending on how carefully they are crafted and ...


Appellate Practice

The appellate court’s job is to apply the correct law and provide justice for the parties, regardless of the lawyers’ mistakes...


Law Practice, Judges and Judiciary

Not far from Langer’s

Mar. 18, 2024
By Anthony J. Mohr

Many cases present two narratives, where no one is lying but the other side is not telling the truth. These are the cases wher...


Insurance

A recent Court of Appeal ruling could create new challenges and uncertainties for insurers, such as a chilling effect on adjus...