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Alternative Dispute Resolution

When to use a discovery special master

Jul. 14, 2023
By Daniel B. Garrie, Gail A. Andler

Special Masters, unlike judges, do not typically have a formal court docket, and as such, Special Masters can respond to reque...


Torts/Personal Injury, Administrative/Regulatory

“Forever chemicals” shouldn’t be hidden

Jul. 14, 2023
By Vineet Dubey

Beginning in 2025, AB 1817 will prohibit the manufacture, distribution, sale or offer of textile articles containing PFAS. Thi...


Entertainment & Sports

Stream It Tonight! "Manhattan Melodrama" (1934)

Jul. 14, 2023
By Paul Bergman, Michael Asimow

This dramatic movie illustrates the competing cultural currents that Prohibition spawned. It was released about a year after P...


Administrative/Regulatory

California is considering fixed charge proposals to bill residential customers based on income rather than energy usage. The L...


Technology, Intellectual Property, Class Action

Comedian Sarah Silverman has filed a class action lawsuit against OpenAI, alleging copyright infringement of her written work....


Labor/Employment, Alternative Dispute Resolution

The 2022 amendment to the Federal Arbitration Act exempts from mandatory arbitration far more than just sexual, gender and pre...


Constitutional Law

Protecting speech by prohibiting speech

Jul. 13, 2023
By Steven S. Kimball

George Orwell’s name gets thrown around a lot by conservatives aggrieved at their treatment by the media, but I wonder what wo...


Land Use, Government, Administrative/Regulatory

CEQA reform bill slides into state budget at the eleventh hour

Jul. 13, 2023
By Jennifer Chavez, Whitney Hodges

Infrastructure project opponents have weaponized the California Environmental Quality Act to kill unwanted projects. Last minu...


DHS announces “Family Reunification Parole Processes” for Colombia, El Salvador, Guatemala and Honduras.


U.S. Supreme Court, Tax

The outcome of the Moore v. United States case is likely to serve as precedent that will dispose of the Mansion Tax as ...


Torts/Personal Injury

Student injuries during PE class & school sports

Jul. 12, 2023
By Michael E. Rubinstein

Mandatory activities that are part of the school curriculum fall outside the assumption of the risk doctrine.


Law Practice, Criminal

An easier route to disqualification of prosecutors

Jul. 11, 2023
By Antonio R. Sarabia II

Conflicts between the People and victims are common, and possible serious conflicts may appear at virtually every stage of a c...


Real Estate/Development

The more a buyer pays and the more hoops they have to jump through to close a deal, the more likely it is that a buyer will pu...


Family, Alternative Dispute Resolution

The bottom line is that family matters are never simply about money. They’re about competing interests, hurt feelings, and som...


Intellectual Property, Entertainment & Sports

George Harrison rocks the Mosk Courthouse

Jul. 11, 2023
By Michael L. Stern

Harrison reacted with outrage to the court ruling finding him liable for stealing another composer’s work. After the disastrou...


Civil Litigation, Bankruptcy

Geeking out on live J&J/LTL bankruptcy hearings

Jul. 10, 2023
By Catherine E. Bauer

While there isn’t an insolvency requirement for filing bankruptcy, one must ponder why a solvent individual or entity would vo...


Civil Rights, Administrative/Regulatory

Sexual harassment offensive conduct continues

MCLE
Jul. 10, 2023
By Arthur F. Silbergeld, Aya Z. Elalami

As the 60th anniversary of Title VII approaches, it is worth looking back at the judicial standards that have evolved, Califor...


Military Law

Retaliation is the order of the day

Jul. 10, 2023
By Eileen C. Moore

From 2018 through 2022, 69% of personnel cases involving VA employees included allegations of whistleblower retaliation. Durin...


Technology, Intellectual Property

The issue of inventorship in our country’s patent laws for AI-created inventions will continue to be important as more compani...


U.S. Supreme Court, Constitutional Law

While the Groff decision constitutes a big change for Title VII religious accommodation claims, California laws and ru...


Government, Civil Procedure

Companies with unclean hands tend to remove cases from California's state courts when a Californian seeks to recover damages f...


Alternative Dispute Resolution

Tips for mediating your next wage and hour case

Jul. 7, 2023
By Michael Strauss

Lawyers generally are not mathematicians; mistakes in their calculations are common. Rather than point out your opponent’s mis...


Although there was no written contract with an attorneys’ fee provision and no claim-specific statute providing for the recove...


Law Practice, Ethics/Professional Responsibility

Summer associates provide case load relief, but there are risks

Jul. 7, 2023
By Alanna G. Clair, Shari L. Klevens

Risks associated with summer associate programs arise from the obligation to supervise the inexperienced newcomers, and firm-s...


Land Use, Government

The final budget bill recently signed by the Governor includes the overall CEQA reforms, but removed the Delta Conveyance Pro...


It has been said the most nightmarish scenario one can imagine with AI and robotics is a world where robots have become so pow...


Judges are supposed to decide cases in an impartial manner. This does not mean that judges are free of bias (which is humanly ...


U.S. Supreme Court, Intellectual Property

Trademark plaintiffs should lean on Jack Daniels Properties and the recent opinion in Hermès to defeat motions to dismiss and ...


Civil Rights, Administrative/Regulatory

Industry observers should consider themselves on notice that the CFPB may pursue unfairness actions against consumer financial...


Ethics/Professional Responsibility

New guidance regarding the role of legal assistants in law offices

Jul. 5, 2023
By John B. Sullivan, Dale Bellitto

Earlier this month, the ABA issued Formal Opinion No. 506, which addresses a lawyer’s ethical obligations when he or she deleg...