Judges and Judiciary
Retort of an octogenarian: I'm still here, just give me a shot of adrenaline now and then
By Arthur Gilbert
Judging is a demanding profession. I offer the following explanation for the elderly: Once a case is before us, we judges can ...
AI products can be beneficial for firm operations, document creation, research, document review, and medical records. However,...
Litigation & Arbitration, California Supreme Court
California Supreme Court says goodbye to Saint Agnes: Prejudice no longer required to waive arbitration
By Daniel D. McMillan, Michael S. McCauley
The California Supreme Court has ruled that a party cannot invoke the right to arbitrate if they have waived it, even if the o...
Litigation & Arbitration, California Supreme Court
California Supreme Court upholds limits on arbitration discovery
By Raza Rasheed
The California Supreme Court upheld discovery limits in employment arbitration agreements, ruling that lower courts used the w...
Labor/Employment
One workplace harassment strike could mean an employee is out
By John-Paul S. Deol
The California Supreme Court recently held that a single, severe incident can constitute racial harassment under FEHA, which i...
Construction
Contractor loses arbitration victory due to licensing violation
By Garret D. Murai
In Vascos Excavation Group LLC v. Gold, the court found that the arbitrator exceeded her authority because the contract...
Entertainment & Sports
New gymnastics rules enhance the sport, but rule-makers have yet to stick the landing
By Robert L. Bastian Jr.
The 2024 Paris Olympic Games have introduced significant changes in gymnastics rules, scoring, and judging, enhancing the spor...
U.S. Supreme Court, Education Law, Civil Rights
With the new school year approaching, Title IX changes face Supreme Court scrutiny
By Benjamin Heller
The new regulations, which take effect on August Aug. 1, promise to significantly alter the procedures governing Title IX at e...
Government, Constitutional Law
Project 2025: How a new plan could shape federal abortion prosecutions
By John H. Minan
One of the most troubling aspects of Project 2025 is its proposal for the DOJ to intensify enforcement of the Comstock Act aga...
Law Practice
The intersection of diversity of thought: A call for fairness and respect
By Mark B. Baer
How biases and ad hominem attacks hinder meaningful dialogue and contribute to a culture where people are reluctant to share t...
'Ascent to Power: How Truman Emerged from Roosevelt's Shadow and Remade the World,' by David L. Roll
By Lawrence P. Riff
An engrossing exploration of Truman’s ascent to power, his campaign tactics, and his pivotal decision to use the atomic bomb o...
Law Practice, Government
Striking a balance: The role of duality in the American justice system
By George Marquez
The ability to understand, empathize and manage both sides of a conflict is crucial for maintaining fairness at any age and in...
Labor/Employment
Current NLRB is a threat to industrial democracy for employees and employers
By John Wymer
Vice President Kamala Harris’s commitment to pro-labor policies indicates that the NLRB will likely stay on its current path u...
California’s mass transit system is under attack
By Michael Shemtoub
The California Civil Code safeguards metro transit violence victims’ rights but lacks preventative measures. Transit employees...
Books
My Chicano Heart: Using fiction to explore love in all its confounding forms
By Daniel A. Olivas
Daniel A. Olivas reviewed his past works during the pandemic and identified love as a recurring theme, leading to the creation...
9th U.S. Circuit Court of Appeals
The Ninth Circuit’s ‘ambiguity’ rule just became even more ambiguous
By Alexander M. Smith
Ninth Circuit's recent opinion in Whiteside v. Kimberly-Clark Corp. muddies the rule that the court had previously...
Environmental & Energy
Decoupling: A key solution to California’s water supply risks
By Lori Anne Dolqueist
California is facing a 10% water supply shortfall by 2040 due to climate change and aging infrastructure. A new regulation req...
Technology, Evidence, Criminal
The two secrets of facial recognition technology
By Abraham C. Meltzer
Lawyers involved in cases where FRT is used should seek information on how the probe image was edited, if at all, and how many...
The SEC has brought enforcement action against several bidders engaged in mini-tender offers, but the SEC’s dissemination requ...
Intellectual Property
Six months of Rule 702: Key insights for patent litigators
By Daniel C. Callaway, Timothy Horgan-Kobelski
Practical takeaways for patent litigators include understanding the new language of Rule 702, using it to their advantage, and...
Labor/Employment
California employers using tracking technology, including jigglers, face legal risks
By Amber Leong
Wells Fargo fired some employees for using mouse jigglers -- raising concern about employees’ privacy rights, especially when ...
The California Court of Appeal ruled against the City of Ontario for attempting to condemn properties near Ontario Internation...
Procedures for issuing and executing warrants in criminal cases, and challenges that can be raised to suppress evidence found ...
Governor of Texas, Greg Abbott, has been criticized for pardoning a man convicted of murder before he was sentenced or his cas...
U.S. Supreme Court
Judicial misstep: How a technicality on special counsel’s appointment could undermine justice
By Philip M. Howe
The court found that Special Counsel was not an “inferior officer” under the Appointments Clause, as opposed to a “principal o...
Technology, Law Practice
Protecting your practice: When redundancy is not superfluous
By Daniel B. Garrie, Gail A. Andler
The recent widespread disruption caused by the CrowdStrike software defect underscores the need for redundancy in law firm tec...
Securities
Crypto industry demands regulatory clarity amid SEC overreach
By Teresa Goody Guillén, Andrew Grossman
A trade association submitted an amicus curiae brief in a case brought by a new digital asset exchange against the SEC, seekin...
Letters
The City of LA unlawfully harassed street vendors despite previous precedent
By Christopher Sutton
In a recent case, street vendors in Los Angeles successfully challenged the city’s onerous regulations, marking their second v...
The fallacy of incommensurate balancing is a common issue in legal cases where judges are expected to balance attributes that ...
Wills, Estates & Trusts
Generational wealth and ensuring a lasting legacy
By Megan A. Moghtaderi
The “Great Wealth Transfer” is estimated to transfer trillions of dollars from one generation to the next within 20 years. Est...