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State Bar & Bar Associations, Law Practice

Commissioners were selected to participate and deliberate the complex issues surrounding the attorney licensure in California ...


Alternative Dispute Resolution

The power of apology in mediation

Mar. 23, 2023
By Steven H. Kruis

Studies show that doctors who give apologies in serious medical malpractice claims pay less to settle their claims compared to...



Technology, Ethics/Professional Responsibility

Given the extraordinary capabilities of artificial intelligence and the much-touted ChatGPT, there will be much thornier probl...


Technology, Litigation & Arbitration

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

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

Mar. 22, 2023
By Jonathan A. Goldstein

Zoom has provided the perfect platform for ADR and a prime opportunity for time and cost-cutting efficiencies.


Technology, Insurance

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

Mar. 22, 2023
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

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

Mar. 21, 2023
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...


Family

Cultural Divorce, Part I: Introduction

Mar. 21, 2023
By Abbas Hadjian

The attorney in a cultural divorce is more than a legal shepherd and fact finder. Attorneys are hired to do justice and stop c...


Tax

Leave California taxes, don’t worry, be happy?

Mar. 21, 2023
By Robert W. Wood

If you are a lawyer, does moving out of state make your practice income free of California tax? In many cases the answer will ...


Tax

Tax planning: Oops! I changed my mind

Mar. 21, 2023
By Bruce Givner, Owen Kaye

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...


Insurance

When is a partial appeal bond sufficient?

MCLE
Mar. 20, 2023
By David M. Axelrad

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

Government speech seems like a relatively simple doctrine, and yet its simplicity can be deceiving, especially in the context ...


Judges and Judiciary

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

Mar. 20, 2023
By Erwin Chemerinsky

Agency actions that have been allowed for decades now are vulnerable to challenge.


Litigation & Arbitration, Alternative Dispute Resolution


Government, Criminal

The coming prosecution of Donald Trump

Mar. 17, 2023
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

Mar. 17, 2023
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

Mar. 17, 2023
By Daniel B. Garrie, Charles Margines

Forensic neutrals play an essential role in safeguarding the accuracy and impartiality of investigations.


Technology, Intellectual Property

AI systems are challenging traditional notions of authorship and creativity and denying copyright protection to these works so...


Civil Rights

Public defense benefits the community far beyond the courtroom


Community News, Alternative Dispute Resolution

The CLA Litigation Section

Public education agencies could be liable for pension overpayments

Mar. 16, 2023
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?

Mar. 16, 2023
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.


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

Mar. 16, 2023
By Alexis S. Coll, Jennifer Fisher

Given the pervasiveness of illegal cannabis operations throughout California, the Court's upcoming decision in Wheeler ...


Government

There is considerable academic debate over whether corporate political activism has any effect on bottom lines, with some rese...