U.S. Supreme Court
U.S. Supreme Court refuses to face down violent speech in cyber town square
By Anita Taff-Rice
Court declines to rule on scope of Section 230 immunity for violent speech on social media platforms.
U.S. Supreme Court, Real Estate/Development
Legislative? Administrative? Constitutional? Land-use law is in disarray
By Michael M. Berger
It is no longer a secret that California has always been among the most stringent in reviewing land use permits and the most f...
U.S. Supreme Court, Intellectual Property
Supreme Court in Warhol case resets significance of “transformative” issue in fair use analysis
By Rollin A. Ransom, Lauren M. De Lilly
Despite the concerns articulated in the dissent, the Court’s decision is far from a death knell for transformative uses of exi...
Government, Constitutional Law
Dangerous new laws criminalize the right to protest
By Stephen F. Rohde
Since January 2017, 45 states have considered 267 bills that restrict the right to protest.
U.S. Supreme Court, Tax
Polselli, et. al., v. Internal Revenue Service – is it a blank check?
By Christina Weed, Diana Lopez
While this case may not be entirely a blank check to the IRS to issue summons without notice because the Court leaves open the...
U.S. Supreme Court, Criminal
Supreme Court reins in government's fraud theories...again
By Agustin D. Orozco, Nimi Aviad
The Supreme Court issued two opinions limiting the reach of the federal fraud statutes and eliminating often-used theories fro...
U.S. Supreme Court, Intellectual Property
Supreme Court rules against fair use of Andy Warhol silkscreen
By Douglas L. Johnson, Daniel B. Lifschitz
The decision, which affirms the 2nd Circuit’s findings in the landmark copyright case, rebalances the fair use doctrine to pla...
Government, Constitutional Law
President should apply 14th Amendment to increase debt ceiling if deal isn't reached
By John H. Minan
The concern with presidential overreach is legitimate. But the phrase “the Constitution is not a suicide pact” reflects the re...
Real Estate/Development
How to minimize complications when arbitrating real estate disputes
By Bernard M. Resser
With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the Cali...
For a California attorney, FL-100 provides basic information about parties, their legal relationship, the reasons for the term...
Law Practice, Civil Litigation
Wait, wait… please tell me! The benefits of speaking to jurors after trial
By Robert S. Glassman, Jonathan H. Davidi
Speaking to jurors after winning or losing a trial can benefit a trial lawyer in many ways. It can provide valuable feedback, ...
Constitutional Law
Ending cash-based jailing: a win for the Constitution and public safety
By Miriam Aroni Krinsky, Erwin Chemerinsky
As a former federal prosecutor, a constitutional law scholar and a former judge, we believe the Court made the right decision....
California Courts of Appeal, Alternative Dispute Resolution
Settlements must now address Section 998 costs and fees
By Scott Carr
This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate ju...
Legal Education, Entertainment & Sports
Stream It Tonight! "The Paper Chase" (1973)
By Michael Asimow, Paul Bergman
Aspiring law students used to be told to watch “Paper Chase” to prepare themselves, but the film doesn’t describe the 21st cen...
Wills, Estates & Trusts, Probate
An unconventional application of Probate Code §850? The Court’s dissenting opinion
By Jeremiah Raxter
Documents and communications do not qualify as recoverable property under Section §850.
Torts/Personal Injury, California Courts of Appeal
Negligent infliction of emotional distress: how “present” is present?
By Michael E. Rubinstein
Technology use in our daily lives is expanding the definition of who is ‘present’ at the scene of an accident.
Technology, Data Privacy
Are biometric data violation cases coming to a courthouse near you?
By Arthur F. Silbergeld, Aya Z. Elalami
While Texas, Illinois, and Washington are currently the only states with dedicated biometric privacy laws, many states have ex...
Torts/Personal Injury, Insurance, Health Care & Hospital Law
MICRA re-do; a redux or retread?
By Stanley L. Friedman, Art Kalantar
The basic laws of economics inform us that the imposed MICRA caps reduce the incentive of doctors to be careful or to avoid ma...
The 1968 decision in Bruton v. United States – which acts as a defensive shield for defendants – has witnessed a slow erosion ...
U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility
Why SCOTUS Justice Clarence Thomas likely won’t be impeached
By Kevin Cardona
It appears unlikely that the Attorney General will prosecute Justice Thomas and find his failure to disclose was intentional a...
Expert Advice, California Courts of Appeal
California appellate court decision reaffirms the vital gatekeeping responsibility of trial courts
By Jonathan S. Tam, Mary H. Kim
Expert opinions rife with methodological issues could result in a complete dismissal of the litigation.
Attorneys need to realize that their clients (like most people) do not want to appear to be stupid. Clients will tend to over ...
Immigration, Constitutional Law
The end of the Title 42 order – a return to border migration normalcy and due process of law
By Kevin R. Johnson
The exaggerated fears of the end of Title 42 are now behind us. The hard work ahead is improving our under-resourced migration...
Law Practice, Government
California’s new consumer litigation finance bill is laudable, but imperfect
By Mark Chen
The bill arms consumers with important rights and protections, but most consumers won’t know how to enforce those rights. Add...
U.S. Supreme Court, Constitutional Law
Clarifying the dormant commerce clause
By Erwin Chemerinsky
The bottom line is that the Court ruled in favor of the ability of states to regulate what is sold in their borders, even if t...
U.S. Supreme Court, Constitutional Law
Extraterritorial state statutes and the emerging horizontal separation of powers doctrine
By Adi Dynar
For litigators looking to challenge state regulations that reach into the affairs of other states, the most profound insight c...
Expert Advice, Ediscovery
A comprehensive guide to selecting and preparing an effective Rule 30(b)(6) witness for e-discovery
By Daniel B. Garrie, Thomas I. Vanaskie
Preparation is crucial for a Person Most Knowledgeable witness handling e-discovery matters, as their testimony will represent...
Technology, Ethics/Professional Responsibility
Programming professionalism: the ethics of artificial intelligence
By Wendy L. Patrick
Although AI has proven over the years to be a helpful way to enhance the speed and accuracy of tasks – such as legal research ...
Technology, Ethics/Professional Responsibility
The ethics of the robot lawyer
By James D. White
If an attorney visits a client’s website, then uses an AI model to research the facts of their case, it is possible that a dat...
Civil Procedure
Motions for summary judgment: Beware of “The UMF Trap!”
By Myron Moskovitz
Tell your complete story in your MPA and in the exhibits. But don’t try to tell it in the UMF. It won’t do you any good, and i...