Alternative Dispute Resolution
When to use a discovery special master
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
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)
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
CPUC considers how to implement income-based fixed charges for residential electric utility service
By Seth Hilton, Lilly Mckenna
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 files class action against OpenAI for alleged copyright infringement
By Josh Eichenstein
Comedian Sarah Silverman has filed a class action lawsuit against OpenAI, alleging copyright infringement of her written work....
Labor/Employment, Alternative Dispute Resolution
A practitioner’s guide to the 2022 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
By Will Reed, Justin Shegerian
The 2022 amendment to the Federal Arbitration Act exempts from mandatory arbitration far more than just sexual, gender and pre...
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
By Jennifer Chavez, Whitney Hodges
Infrastructure project opponents have weaponized the California Environmental Quality Act to kill unwanted projects. Last minu...
Immigration, Government
Surprising immigration tactics continue with announcement of an additional lawful immigration pathway
By Eli M. Kantor
DHS announces “Family Reunification Parole Processes” for Colombia, El Salvador, Guatemala and Honduras.
U.S. Supreme Court, Tax
Pending Supreme Court case could overshadow the legality of the so-called “mansion tax”
By Jeffrey Dintzer, Garrett Stanton
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
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
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 hot real estate market has a surprising downside for sellers
By Deb Graceffa
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
Mediation fosters out-of-the-box solutions in matters fraught with family discord
By Philip Barbaro
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
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
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
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...
From 2018 through 2022, 69% of personnel cases involving VA employees included allegations of whistleblower retaliation. Durin...
Technology, Intellectual Property
The future of patent law with the emergence of artificial intelligence
By Manita Rawat
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
Employers subject to stricter religious accommodation standard under Title VII
By Tal Burnovski Yeyni
While the Groff decision constitutes a big change for Title VII religious accommodation claims, California laws and ru...
Government, Civil Procedure
The California Legislature needs to expand the personal jurisdiction consent statute
By Steven R. Young
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
By Michael Strauss
Lawyers generally are not mathematicians; mistakes in their calculations are common. Rather than point out your opponent’s mis...
Contracts
Unwritten construction contracts are as risky as a triple dog dare and a frozen pole
By Garret D. Murai
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
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
Streamlining provisions won’t apply to Delta Conveyance Project
By Hina Gupta
The final budget bill recently signed by the Governor includes the overall CEQA reforms, but removed the Delta Conveyance Pro...
Technology
Altered intelligence: will it make us better, worse or extinct?
By A. Marco Turk
It has been said the most nightmarish scenario one can imagine with AI and robotics is a world where robots have become so pow...
Law Practice, Judges and Judiciary
Listening to hear is a start, but it’s also important to fairly consider conflicting viewpoints
By Mark B. Baer
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
Artistry no excuse for trademark infringement where use is source identifying
By David Martinez, Zac Cohen
Trademark plaintiffs should lean on Jack Daniels Properties and the recent opinion in Hermès to defeat motions to dismiss and ...
Civil Rights, Administrative/Regulatory
The CFPB’s ability to prohibit discrimination against prospective credit applicants may weaken, but it could have a back-up plan
By Scott Sakiyama, Amanda Lawrence
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
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...