Labor/Employment, Entertainment & Sports
The rights of college athletes take center stage in Trustees of Dartmouth
By William B. Gould IV
Despite potential challenges in determining bargaining units and addressing gender discrimination, the ruling signifies a sign...
Constitutional Law
Immunity vs. Impunity: What’s the difference and why is it important?
By Rafael Chodos
The law has two roles: to constrain our behavior so that we do not harm others, and to promote peace and prosperity throughout...
Law Practice
Buyer and seller beware: Advance fees for legal services are refundable
By George Cardona
Both parties should be clear in their understanding and agreement as to what an advance payment is for, and that if it is an a...
Administrative/Regulatory
…but some animals are more equal than others
By Michael M. Berger
Courts have overturned decisions by city councils or other agencies that acted as appellants and adjudicators in their own cas...
Intellectual Property
The Supreme Court contemplates a 3-year copyright damages bar
By Meredith L. Williams
Warner Chappell Music, Inc. v. Nealy could affect the incentives and challenges for copyright owners to monitor and enf...
Litigation & Arbitration
Recent decisions on the litigation privilege’s application on UCL claims
By Xinlin Li Morrow
The litigation privilege protects communications and conduct related to litigation from most tort claims, but it may not apply...
Technology
Patents and artificial intelligence – how do they fit together?
By Isabella Chestney, Jordan Nafekh
Some of the common questions and challenges that arise from the intersection of artificial intelligence and patent law.
Tax
How 1031 exchanges work, including controversial drop and swap exchanges
By Robert W. Wood
A 1031 exchange allows the seller to avoid or limit capital gains tax on the swap. However, depreciation recapture may apply i...
Real Estate/Development, Contracts
Seller carry-back financing may be making a comeback
By Deb Graceffa
Seller carry-back financing can be risky and potentially illegal, especially if it is not disclosed to the existing lender or ...
Insurance, Health Care & Hospital Law, Family, Alternative Dispute Resolution
If litigated, there may be no winners in child mental health treatment disputes
By Bob Blum
Mediation could have offered a better alternative to litigation, as it could have allowed the parties to create more balanced ...
Securities
Preparing for lawsuits challenging a company’s sale of securities
By Andrew S. Ong, Kourtney Kinsel
Some California superior court decisions have held that the PSLRA discovery stay does not apply to securities claims brought i...
Law Practice
Microaggression and gaslighting in the legal profession
By Angela Reddock-Wright, Halim Dhanidina
The legal profession has been trying to increase its diversity and inclusion, but still faces issues such as microaggressions,...
Education Law
Debate over parental involvement in education reignites
By William W. Bruzzo
All youth, regardless of whether they are homeschooled or not, should be taught and assessed on a standardized basis to ensure...
Wills, Estates & Trusts
Supreme Court clarifies rules for modification of revocable trusts
By Mark J. Phillips, Jake V. Phillips
In Haggerty v. Thornton, the Supreme Court followed the dissenting opinion from King v. Lynch -- that any method for revocatio...
Labor/Employment
Will Disney voluntarily recognize Mickey and Minnie’s union?
By David W. M. Fujimoto
Disney has publicly stated that it would rather have a National Labor Relations Board (NLRB) election than voluntarily recogni...
U.S. Supreme Court
Anti-DEI advocacy groups have a new target: minority-focused grant programs
By Ann O’Leary, Marcus A.R. Childress
Edward Blum’s attacks on the philanthropy sector could have serious consequences for the funding of programs that aim to incre...
Torts/Personal Injury, Entertainment & Sports, Contracts
Should the NCAA take a knee forever?
By Frank N. Darras
The NCAA was recently sacked by new players’ unions, coaches on the move, and the absence of a much-needed federal framework. ...
Ethics/Professional Responsibility
Navigating the workplace with compassion when a colleague is grieving
By Tricia A. Bigelow
Grief is personal and those in the legal community can learn from each other, and show empathy to those who are experiencing l...
Private judges can streamline the process and provide more attention to complex cases. However, they also create a two-tier sy...
Litigation & Arbitration
Planes, trains, and automobiles in the modern arbitration world
By Jared W. Slater
The outcome of Bissonnette v. LaPage Bakeries Park St., LLC will affect whether commercial drivers, regardless of the i...
Torts/Personal Injury
Can a landlord be liable for injuries caused by a tenant’s dog?
By Michael E. Rubinstein
California imposes strict liability on dog owners for any harm caused by their dogs biting someone, regardless of the dog’s pr...
Securities
Exxon’s unconventional route to block ESG shareholder proposals
By Gabriel Miranda
Exxon’s lawsuit is part of a larger trend of corporations and conservative groups seeking to overturn or limit ESG regulations...
Construction
Credit where credit is due – local agency action to promote housing
By Christopher S. Burt, Andrew K. Fogg
Local authorities have a shared responsibility to address the statewide housing crisis, and some cities have taken creative an...
Alternative Dispute Resolution
When a mediator must be the bearer of bad news
By Lori Dobrin
Mediators sometimes have to deliver unpleasant messages to the parties in a dispute, such as the risks of going to trial or th...
Judges and Judiciary
Maintaining judicial independence: a collaborative effort
By Erica R. Yew
Judicial independence is the foundation of the third branch of government and a vital principle of democracy, but it is threat...
Technology, Data Privacy
California Privacy Act still not being enforced seven years after enactment
By Anita Taff-Rice
Tardy issuance of privacy regulations lands watchdog agency in court.
Civil Litigation
Expedited discovery and mandatory sanctions: Why I wrote SB 235
By Thomas J. Umberg
SB 235 aims to reduce delay and litigation costs by requiring parties to disclose certain basic information early in the litig...
Ethics/Professional Responsibility
Applying a ‘measure of judgment’ in Rules of Professional Conduct
By Mark L. Tuft
Rule 8.3 involves many judgment calls, such as what constitutes a substantial question, credible evidence, material prejudice,...
Full-day mediations let the process dictate the schedule, rather than the other way around, and are more conducive to achievin...
Insurance
It’s raining, it’s pouring, your insurance policy clause is controlling
By Chinye Uwechue
Most insurance documents explain how standard homeowners policies in California exclude losses caused by floods or earth movem...