Law Practice, Books
Stitching law and fiction: Daniel A. Olivas's 'Chicano Frankenstein'
By Orlando Ortega-Medina
True to his oeuvre, Olivas’s novel explores questions of identity and cultural assimilation, mirroring his own experiences as ...
Civil Procedure, Civil Litigation
Comments on Federal Rule of Civil Procedure 16.1
The Advisory Committee on Civil Rules is accepting public comment on Proposed Rule 16.1, which aims to streamline and improve ...
Labor/Employment, Alternative Dispute Resolution
Only the Supreme Court can stop the golden state from flouting the FAA
By Tom Manzo, Jonathan Berry
To stop California’s defiance of federal law, the US Supreme Court must weigh in on arbitration agreements.
Tax
Opting for IRS self-reporting: a smoother path for ill-gotten pandemic funds
By Selwyn D. Whitehead
The IRS is offering conditional partial amnesty for improperly-claimed employee retention tax credits. Companies should consid...
Instead of automatically applying McDonnell Douglas to disability discrimination cases, both courts and counsel should ...
Ethics/Professional Responsibility
Tips for navigating social media’s thicket of ethical risks
By Shari L. Klevens, Alanna G. Clair
One issue implicated by the use of social media is the potential that the attorney’s posts could arguably be seen to create a ...
U.S. Supreme Court
Will SCOTUS reconsider virtual child porn laws in light of deepfake culture?
By Krista L. Baughman
Deepfake culture, the First Amendment and child pornography legislation are still at odds, but the proliferation of AI content...
The use of stay or pay clauses may decline in the future due to increased regulatory scrutiny. Until then, employees should be...
The difference between legitimate tax avoidance and tax evasion is critical. The arguable “loan debt” may have been concocted ...
Alternative Dispute Resolution
Preemption and predispute arbitration agreements
By Paul Dubow
PDAAs have given arbitration an undeserved bad reputation. Here is the way to fix the problem.
Family
Where child and spousal support funds hide in plain view
By Ira M. Friedman, David Friedman
Judicial Counsel Form FL-460, entitled Qualified Domestic Relations Orders for Support, can be used for both current and spous...
Criminal, Civil Procedure, California Supreme Court
Giving credit where credit is due
By Laura W. Halgren
A recently published case provides direction on how courts should calculate credits when a defendant is resentenced.
Technology, Ethics/Professional Responsibility
Don’t forget to cite check your generative AI research
By Benjamin E. Strauss, David Boyadzhyan
It would be premature to label AI a danger to the legal profession or useless altogether. While we should not blindly cite ima...
Multiple new laws related to housing development go into effect this year, and could finally bring a much-needed boost to a st...
Judges and Judiciary
Judicial training through AB 1846 should be law in California
By Nancy E. O'Malley
It is time for California Judges to be educated about the impact of sexual assault on the victim/survivor, and training must i...
Appellate Practice
Let’s party: Federal courts and the party presentation doctrine
By Benjamin G. Shatz, Benjamin E. Strauss
Courts at all levels, including the Supreme Court, continue to struggle to color within the lines of the party presentation do...
Alternative Dispute Resolution
The advantages of mediating Computer Fraud and Abuse Act disputes
By Daniel B. Garrie, Gail A. Andler
CFAA cases often involve highly sensitive information, and mediation offers a unique level of privacy as generally mediation b...
Land Use, Government, Administrative/Regulatory
Wining and defining: regulating wineries that pre-dated Napa County's Winery Definition Ordinance
By Victoria Wood
To operate lawfully, Napa Valley wineries must comply with State and Federal laws, as well as the County’s general-plan, zonin...
Here are two awkward moments that occurred at the Music Center in Los Angeles. I could have been arrested.
Technology, Intellectual Property
‘AI-Generated’: the 8th dirty word?
By Jesse E. Morris, Neiloofar Sajedi
When it comes to the words in the ‘George Carlin: I’m Glad I’m Dead’ special, there could be a potential violation of the deri...
Torts/Personal Injury
Wipeout! Court rules assumption of the risk applies to surfing
By Michael E. Rubinstein
Assumption of the risk applies to most sporting activities. Olson v. Saville adds to the long list of California cases ...
Construction
Payment bond sureties’ right to attorneys’ fees clarified
By Garret D. Murai
Prevailing payment bond sureties, even if defended by their principals pursuant to a defense and indemnity agreement, are enti...
Military Law
Benjamin O. Davis Jr. defied racism and embodied unwavering dignity in his career
By Eileen C. Moore
For four years every cadet at West Point refused to acknowledge his presence. At his 1936 graduation, General John J. Pershing...
Torts/Personal Injury
Liens, insurance and attorney referrals
By Allen P. Wilkinson
There are a number of reasons for a client to seek treatment with a lien physician, though defense lawyers have criticized the...
Torts/Personal Injury
Mastering the FLP method for non-economic damages arguments in trial
By B.J. Abron
Closing arguments are where the FLP method truly shines in arguing for non-economic damages. This three-step approach involves...
Labor/Employment
Worker classification: New rules shouldn’t change settlement calculus
By Joe Lovretovich
US Department of Labor rule changes slated to go into effect March 11 are sure to have a significant impact on businesses acro...
International Law, Government
The US drug war is failing, echoing China’s missteps
By Xinying Huang
Legalizing drug use, in the name of public welfare and private health, is accumulating momentum in the United States. An appro...
Alternative Dispute Resolution
Can adult survivor claims disregard arbitration agreements under the EFAA?
By Abe Melamed
In light of the ongoing confusion surrounding the definitions of “arise” and “accrue” for purposes of applying the EFAA’s arbi...
Military Law
New California regulation protects veterans’ spouses
By Matthew P. Vafidis
A nonveteran spouse or domestic partner admitted to a California Veterans Home in a joint admission with a veteran may continu...
Federal officials vet prospective TN visa applicants before they come to the U.S., but there is no subsequent monitoring of em...