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We invite the California Legislature to revisit Penal Code 261.5 in compliance with caljic 10.65, and Anderson, and to make th...


Technology, Administrative/Regulatory

In response to the public’s concerns, the White House announced on Friday that several major technology companies have committ...


Paul Kiesel and Jeffrey Koncius of Kiesel Law LLP discover that generative artificial intelligence responds better to polite r...


California Supreme Court, Alternative Dispute Resolution

The reasoning employed in Adolph, and the potential outcomes it allows, may run afoul of higher federal law, namely the...


U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility

Although there is a procedure to make a complaint about federal court judges, there is no mechanism to make a complaint about ...


U.S. Supreme Court, Alternative Dispute Resolution

Employers will not be able to escape PAGA liability simply by resolving individual Labor Code violations in arbitration. Thus,...


Tax

Tax missteps if you leave California

Jul. 21, 2023
By Robert W. Wood

California uses a comparative analysis to see if you have closer connections to another state. Some people who leave have unre...


Constitutional Law, Alternative Dispute Resolution

Older workers may get a broad arbitration carve-out

Jul. 21, 2023
By Barry M. Appell

There is reason to believe that additional arbitration carve-outs – for race, religion, disability and other forms of harassme...


California Supreme Court, Alternative Dispute Resolution

Legal implications of the Supreme Court's ruling in Adolph v. Uber

Jul. 20, 2023
By Sue M. Bendavid, Tal Burnovski Yeyni

Employers should review and consider modifying their arbitration agreements to conform to the Adolph decision. They sho...


Health Care & Hospital Law, Civil Rights

That Cedars-Sinai Medical Center is facing a federal civil rights probe is no surprise. The hospital, and many others across t...


Evidence

How much is that doggie in the window?

Jul. 20, 2023
By Brian M. Hoffstadt

An item’s price tag is clearly an out-of-court statement. But must it be true in order to be relevant proof of the item’s valu...


Land Use

Department of Water Resources issues groundwater plan determinations

Jul. 20, 2023
By Clark Morrison, Veena P. Beglinger

Starting in March of this year, DWR began releasing findings regarding the adequacy of critically overdraft basins’ GSPs and a...


Torts/Personal Injury, Government

On July 11, the DOJ advised counsel for both Trump and Carroll that it will no longer represent Trump (Carroll I, 590 F. Supp....


Alternative Dispute Resolution

Timing is everything when mediating a case

MCLE
Jul. 19, 2023
By Lindsey Bayman

A well-timed mediation will present the best opportunity to resolve the case. Conversely, an ill-timed mediation can sometimes...


Judges and Judiciary, Criminal

Difficult Humphrey bail findings can be easier to make

Jul. 19, 2023
By Laura W. Halgren

Bail rulings are often difficult and impact many lives, but using a checklist as a guide makes them easier to make correctly a...


Civil Procedure

We live in an interconnected world. To ensure accountability and protect the rights of individuals, state courts must exercise...



U.S. Supreme Court, Constitutional Law

While the line between protected and unprotected speech seems to be getting more ambiguous, the Supreme Court provided certain...


State Bar & Bar Associations, Ethics/Professional Responsibility

Legal skeptics have argued for years that this rule is easy to read, but hard to enforce.


Law Practice, Civil Litigation

Preparing your client for deposition

Jul. 18, 2023
By Tianqi Sun

Depositions often take place when your client feels most vulnerable. Preparing a client therefore requires careful attention t...


U.S. Supreme Court

The arrogance of power

Jul. 18, 2023
By Erwin Chemerinsky

The Court has its lowest public confidence and approval ratings in history. I have the strong sense that if the Court continue...


California Supreme Court, Alternative Dispute Resolution

California Supreme Court Review: June 2023

Jul. 18, 2023
By Andrew S. Ong, Kourtney Kinsel

A recent court of appeal decision took aim at arbitration provisions seeking to limit injunctive awards to individuals – rathe...


Intellectual Property

Copyright: rights even heroes can’t protect

Jul. 18, 2023
By Tommy H. Du, David Martinez

A recent federal court decision illustrates the contours of derivative work protection and underscores the difficulty in estab...


Torts/Personal Injury, Land Use, Insurance

As experts scramble to assess the damage and determine the cause of the Rolling Hills landslide, many are left wondering wheth...


Worldwide, bigamy is a response to surviving and obtaining the necessities of life, but the reasons for entering a bigamous ma...


Law Practice, Civil Litigation

As a practical matter, it is incredibly important for plaintiffs’ counsel to keep pertinent and organized data about their cli...


Civil Rights

The Strike! Part 3: The picket line

Jul. 17, 2023
By Myron Moskovitz

The workers arrived at 4:30 a.m., but they weren’t there to work. Instead, they walked back and forth along the road carrying ...


Government, Evidence

SB 652 clarifies Evidence Code § 801 to ensure all experts must testify to a reasonable degree of probability based on their f...


Government

Our next transit challenge is safety

Jul. 14, 2023
By Eric Siddall

Those who would do harm or interrupt transit need to know they will be held accountable for their actions and will face proper...


Constitutional Law, 9th U.S. Circuit Court of Appeals

The court’s holding opens doors to personal and professional censorship. Although the 9th Circuit may be right about the Distr...