Ethics/Professional Responsibility, Judges and Judiciary
Do Superior Court judges have a role to play in the new ‘snitch rule?’
By Laura W. Halgren
Apart from a discovery sanctions motion, it is difficult to imagine when a court would be the proper tribunal for Rule 8.3 rep...
Labor/Employment, Technology
Employers willing to accept a certain level of risk in exchange for AI benefits
By Niloy Ray, Alice H. Wang
The survey population, who represent a range of industries and company sizes in the US and have a significant role in how AI i...
Alternative Dispute Resolution, Ediscovery
California allows attorneys to cast a wide net in discovery, but there are limits
By Gary Nadler
Addressing the common objection that a question “calls for a fishing expedition,” the court in Norton v. Superior Court (1994)...
Alternative Dispute Resolution
Modified FRCP Rule 26 proposal means quicker outcome, happy clients
By James P. Gray
Why has the use of this modified Rule 26 been so effective? It basically provides the parties with the same information that t...
Administrative/Regulatory, Government, Land Use
A tale of two types of takings might soon come to an end
By Ellia Thompson
Too often, developers are an easy scapegoat for all infrastructure problems, and, more often than not, local officials push ev...
Constitutional Law, Technology
Do social media companies “speak” by curating your news feed? The jury is out.
By Krista L. Baughman
The Solicitor General argues that allowing for content-moderation would impermissibly allow States to “enhance their citizens’...
Environmental & Energy
Attorneys, nonprofits and the promise of the IRA to address climate change
By David S. Beckman
The scale of the Inflation Reduction Act funding and its potential positive impact on communities is extraordinary. But many o...
International Law, Technology
Using AI to protect Chinese prisoners from themselves, and the guards
By Xinying Huang
AI plays a significant role in China law enforcement in prisons, where every corner is monitored.
State Bar & Bar Associations
Bar associations urge attorneys to oppose State Bar proposal to eliminate bar exam requirement
By Gil N. Peles
The State Bar has entered into a public comment period through Oct. 25 on a proposal to eliminate the bar exam requirement to ...
Real Estate/Development
Commercial loan defaults, and calls from clients seeking advice, are on the horizon
By Bernard M. Resser
Hopefully, stricter lending standards since the Great Recession mean commercial real estate lenders will not realize significa...
Antitrust & Trade Reg., Government
The federal government finally files its antitrust case against Amazon
By David W. Kesselman, Amy T. Brantly
A key question that remains unanswered at this early stage: what is the end goal of the FTC’s lawsuit? The complaint generally...
Contracts, Entertainment & Sports
NIL strategies to consider in college athletics
By Frank N. Darras
As it happens, new bipartisan bills addressing NIL and collectives are being introduced again in the Senate that might gain th...
Administrative/Regulatory, Government
Know the rules in suits involving the Government Claims Act
By Daniel P. Barer
The claim-presentation statutes impose on the normal requirements for filing timely lawsuits against defendants an overlay of ...
Construction, Evidence, Expert Advice
Questioning protocols of an expert witness takes a turn
By Garret D. Murai
Paint complaint raises issue as to whether expert can be questioned on construction standard, even if not relied upon when for...
Workers are now more ready to strike than they have been in recent decades. In addition, younger and more activist leaders are...
Contrary to the globalization of communication, education, and trade, there is no universal definition or acceptance of “Major...
Ethics/Professional Responsibility
Considerations for producing attorney work product in a client’s file
By Alanna G. Clair, Shari L. Klevens
If the attorney determines that the request includes the attorney’s work product, properly responding to the request could bec...
Tax, Real Estate/Development
Even landlord tenant settlements have tax issues
By Robert W. Wood
How could you be taxed on a legal settlement, especially on the whole 100%, when your lawyer takes 40% off the top? If that so...
Civil Rights, Constitutional Law, U.S. Supreme Court
Partisan-based gerrymandering is code for discrimination
By Dan Vicuna
Redistricting is too often manipulated to discriminate against communities of color, advantage one political party over anothe...
Contracts, Family
The spousal support waiver conundrum in the Kevin Costner case
By Christine Byrd
Why would the spousal support waiver be unenforceable when the rest of the prenuptial agreement is enforceable? The answer lie...
Government, Labor/Employment
California sinks its teeth into noncompete agreements prohibition
By Burton E. Falk
SB 699 will be a much more effective tool than a lawsuit merely seeking a declaration that the noncompete clause is void, whic...
Verbal acts are generally not hearsay because these statements have actual effects and are therefore generally not introduced ...
Constitutional Law
Who gets to punish members of the National Guard?
By Eileen C. Moore
Administrative/Regulatory, Health Care & Hospital Law
What is CARE Court and how can it help those with mental health issues?
By Megan A. Moghtaderi
CARE Court, an acronym for Community Assistance, Recovery, and Empowerment, aspires to help those diagnosed with schizophrenia...
Criminal, Family
Why lawyers make great advocates for the families of missing children
By M. Cris Armenta
Contrary to what we see on television, there is no waiting period to report a missing person. This includes a child that is il...
Tax, Real Estate/Development
Section 1031 may help affordable housing gain momentum
By Phil Jelsma
As government agencies press affordable housing alternatives, Section 1031 may play an increasingly important role as a planni...
Administrative/Regulatory, Technology
Net neutrality, previously sidelined by its foes, has a new friend at the FCC
By Don R. Dennis Jr.
The FCC and net neutrality have not always been friends. They have had good years and bad years that seem to coincide with whe...
California Supreme Court
California Supreme Court Review: September 2023
By Andrew S. Ong, Ariel E. Rogers
Recent decisions have expanded potential liability under the California Unfair Competition Law and the California Fair Employm...
Police reports are often a critical piece of discovery in many civil and criminal cases. Despite these reports being widely av...
Administrative/Regulatory
#MeToo movement induces contemporary revisions to EEOC Harassment Guidance
By Landon R. Schwob
The Proposed Guidance expresses official agency policy and explains how those laws and regulations apply to specific workplace...