State Bar & Bar Associations, Law Practice
As release of report on alternative path to licensure looms, commissioners are at odds over the process
By Susan Smith Bakhshian
Commissioners were selected to participate and deliberate the complex issues surrounding the attorney licensure in California ...
Studies show that doctors who give apologies in serious medical malpractice claims pay less to settle their claims compared to...
Letters
The more subjectivity involved, the greater the potential for influence of bias.
By Mark B. Baer
Technology, Ethics/Professional Responsibility
This barrister robot was a bust, but the next one may not be
By Anita Taff-Rice
Given the extraordinary capabilities of artificial intelligence and the much-touted ChatGPT, there will be much thornier probl...
Technology, Litigation & Arbitration
The allure and risks of blockchain-enabled litigation finance
By Mark Chen
Imagine being able to log into an app on your smartphone to buy and sell different litigation tokens on an unregulated, decent...
State Bar & Bar Associations
The California Bar intends to “identify and prevent unethical behavior.” Really?
By A. Marco Turk
Notwithstanding the magnitude of decades-long lawsuits and complaints against Girardi, the consistent failure of the Bar to ...
Alternative Dispute Resolution
Why virtual ADR is critical in our post COVID-19 economy
By Jonathan A. Goldstein
Zoom has provided the perfect platform for ADR and a prime opportunity for time and cost-cutting efficiencies.
Technology, Insurance
Companies that pay hackers may be able to recoup their losses
By Peter S. Selvin
Insurance carriers have declined coverage on the basis of the Fraudulent Instructions Exclusion, presumably arguing that the r...
Labor/Employment
NLRB’s important decision on confidentiality and nondisparagement clauses
By Wendy M. Lazerson, Jordan Varberg
Employers may need to revise their severance and other agreements with non-supervisory/managerial employees.
Torts/Personal Injury, Civil Litigation
Lopez v. American Medical Response West expands MICRA to negligent driving?
By Benjamin T. Ikuta
In short, the opinion held that a non-patient passenger harmed by an EMT’s negligent driving was a professional negligence act...
Contracts, Alternative Dispute Resolution
Ensure arbitration provisions leave the nest in the Ninth Circuit
By Jason D. Russell, Adam K. Lloyd
Businesses should review their agreements to ensure that any arbitration provision meant to govern “all disputes” is expressl...
The attorney in a cultural divorce is more than a legal shepherd and fact finder. Attorneys are hired to do justice and stop c...
If you are a lawyer, does moving out of state make your practice income free of California tax? In many cases the answer will ...
If you engage in income or capital gains tax planning during the year which, at the end of the year, does not look quite as at...
What happens if an insurance carrier is required to post an appeal bond as part of its contractual obligation to an insured s...
Government, Civil Rights
The blurred lines of government speech and private expression
By Catherine Nashed
Government speech seems like a relatively simple doctrine, and yet its simplicity can be deceiving, especially in the context ...
Judges and Judiciary
JUDGING BAD GUYS. Part III: The effect on “the law”
By Myron Moskovitz
If Good Guy/Bad Guy affects how judges decide cases, they should talk about it – and allow the rest of us to watch the debate...
Judges and Judiciary, Constitutional Law
The Major Questions Doctrine
By Erwin Chemerinsky
Agency actions that have been allowed for decades now are vulnerable to challenge.
Litigation & Arbitration, Alternative Dispute Resolution
Mediating the impossible: dealing with difficult personalities
By Elizabeth A. White
Government, Criminal
The coming prosecution of Donald Trump
By Paul N. "Pete" McCloskey
The recently published report of the Jan. 6 committee includes sworn testimony that strongly supports a criminal prosecution o...
State Bar & Bar Associations, Criminal
State Bar admits it failed - badly
By Hailyn J. Chen, George Cardona
We are speaking openly about the State Bar’s mistakes to underscore our deep commitment to being both transparent and accounta...
Expert Advice, Alternative Dispute Resolution
A forensic neutral and how to use them effectively
By Daniel B. Garrie, Charles Margines
Forensic neutrals play an essential role in safeguarding the accuracy and impartiality of investigations.
Technology, Intellectual Property
Determining human creative control in AI-generated works is futile
By Elizabeth Rothman
AI systems are challenging traditional notions of authorship and creativity and denying copyright protection to these works so...
Civil Rights
Gideon’s 60th anniversary: defending indigent clients is a public good
By Nirej Sekhon, Hadi Razzaq
Public defense benefits the community far beyond the courtroom
Community News, Alternative Dispute Resolution
A pioneer of using mediation, the California legal community celebrates mediation week
By Serena K. Lee
Public education agencies could be liable for pension overpayments
By Alysha R. Stein-Manes, Morgan Johnson
Assembly Bill 1667 holds public education agencies financially accountable for proper reporting compensation to CalSTRS, while...
Law Office Management, Ethics/Professional Responsibility
Moving offices: can you throw out old files?
By Alanna G. Clair, Shari L. Klevens
In deciding how long to keep documents, many attorneys consider the statute of limitation applicable to legal malpractice claims.
Communications Law
FTC likely to issue 6(b) orders to social media companies regarding deceptive advertising
By Jeffrey M. Dennis
When the FTC sought information from the top social media and video streaming platforms, it was simply the next step in the ev...
California Supreme Court, Administrative/Regulatory
California Supreme Court Review: February 2023
By Alexis S. Coll, Jennifer Fisher
Given the pervasiveness of illegal cannabis operations throughout California, the Court's upcoming decision in Wheeler ...
Government
Shareholders demanding that PAC contributions align with corporate values
By Leslie Stern, Michael Dark
There is considerable academic debate over whether corporate political activism has any effect on bottom lines, with some rese...