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
White House announces commitments by leading companies to responsible development of AI technology
By Evan Kratzer, Wesley Sze
In response to the public’s concerns, the White House announced on Friday that several major technology companies have committ...
Best Practice for using AI in your practice, Vol. 1.
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
PAGA: Did Adolph round the bend on Viking River? Maybe not
By Mark D. Kemple
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
What does “good behavior” mean when you have the appointment of a lifetime?
By Barbara E. Cowan
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
Compelling employees to arbitration suddenly has less of an upside
By Chandra S. Andrade
Employers will not be able to escape PAGA liability simply by resolving individual Labor Code violations in arbitration. Thus,...
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
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
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
Death of Black mother at Cedars-Sinai matches national trend
By K. Chike Odiwe
That Cedars-Sinai Medical Center is facing a federal civil rights probe is no surprise. The hospital, and many others across t...
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
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
Trump’s temper and constant jabs are costing him
By John H. Minan
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
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
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
State courts have jurisdiction over foreign corporations doing business in their state
By Scott L. Frost, Paul C. Cook
We live in an interconnected world. To ensure accountability and protect the rights of individuals, state courts must exercise...
Letters
Legislation that provides a civil damage remedy for workplace bullying is overdue
By William M. Crosby
U.S. Supreme Court, Constitutional Law
Free speech is protected, but how is less clear following recent court rulings
By Elizabeth M. Pipkin, Annan Chen
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
Why the new 'snitch rule' might be one of the hardest ethical rules to follow
By Wendy L. Patrick
Legal skeptics have argued for years that this rule is easy to read, but hard to enforce.
Depositions often take place when your client feels most vulnerable. Preparing a client therefore requires careful attention t...
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
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
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
Challenges in seeking compensation for victims of Rolling Hills Estates landslide
By Shant A. Karnikian
As experts scramble to assess the damage and determine the cause of the Rolling Hills landslide, many are left wondering wheth...
Family
Cultural Divorce, Part IX: Understanding and litigating bigamy
By Abbas Hadjian
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
Tips for organizing and selecting bellwether trials
By Sophia Arim
As a practical matter, it is incredibly important for plaintiffs’ counsel to keep pertinent and organized data about their cli...
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
CAOC-sponsored bill addressing Kline v. Zimmer signed
By Saveena Takhar
SB 652 clarifies Evidence Code § 801 to ensure all experts must testify to a reasonable degree of probability based on their f...
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
9th Circuit slides off slope with determination that rap music gives rise to sex discrimination claim
By William J. Briggs II
The court’s holding opens doors to personal and professional censorship. Although the 9th Circuit may be right about the Distr...