Constitutional Law
Private universities’ efforts to encourage sexual assault reporting without guaranteed immunity
By Karin Sweigart
The question arises whether universities should provide warnings about potential liability alongside their legally mandated st...
Administrative/Regulatory, Environmental & Energy, Land Use
Social noise is not an environmental impact
By Brandon Kline
Thanks to Assembly Bill 1307, UC Berkeley’s student housing initiative, and similar projects that faced public scrutiny, can p...
Torts/Personal Injury
Absent the improbable piranha when diving into local waters, there may be no duty to warn
By Michael E. Rubinstein
Everything is “inherent” when understanding a public entity’s duty to warn for hazardous recreational activities. Several rece...
Guide to Legal Writing
13 essential principles for advanced legal writers
By Steven B. Katz
If you can, banish the fact section completely and discuss pertinent facts in the proper level of detail in the argument. Orga...
Constitutional Law, Government
California forced to allow concealed carry – restrictions apply
By Nafiz M. Ahmed
Senate Bill 2 eliminates the good cause requirement for the issuance of said permit to carry, and whose counterpart version in...
Administrative/Regulatory
Corporate fraud may leave investors holding the bag while their pockets are emptied
By Kacey R. Riccomini
Wronged investors may struggle to recover their losses as government agencies primarily focus on prosecuting wrongdoers rather...
Alternative Dispute Resolution
Hybrid mediation: the best of virtually enhanced and effective live mediation
By Kristin Rizzo Esq.
The hybrid mediation format is evolving as the hybrid setting becomes more common.
Alternative Dispute Resolution, Technology
Revolutionizing Dispute Resolution
By David Coher, Jeffery Daar
Recent years have witnessed a rapid transformation in how disputes are mediated and arbitrated, with new technologies and othe...
It is likely that a human without AI may be swapped out for one with it.
Law Practice
Three key components to a healthy law firm
By Corey Castillo, Joshua Driskell
When it comes to fostering a healthy firm culture, it’s all about supporting favorable behaviors that not only support today’s...
Music’s biggest star can teach some lessons to the defense bar.
Law Practice, Technology
AI and the role of attorneys in policy, ethics and software development
By Jeewon Kim Serrato
As advisors, attorneys can help organizations identify what laws apply based on the nature of the data involved, what AI polic...
Family
California family law levels the playing field for domestic violence survivors
By Isaac D’Amore Nieblas
Revised in 2023, Family Code 6344 allows a family court to order attorney’s fees in favor of the prevailing party in a domesti...
Administrative/Regulatory
A litigious first half of the year for the False Claims Act
By James L. Zelenay Jr., José E. Madrid
Unique to the FCA's structure is the right of private citizens - often referred to as "relators" or "whistleblowers" - to purs...
Civil Litigation, Technology
And the sponsoring witness is ChatGPT: generative AI as an evidentiary tool in court
By Laura Lin, Rachel June-Graber
There are safeguards that can be put into place to protect against AI-created misinformation or misleading the judge or jury a...
Administrative/Regulatory, Government
The Government Transparency Act is good medicine
By Jerry Flanagan, Ryan Mellino
Resistance to disclosure sometimes coincides with investigations into malfeasance by public officials. Often, resistance to di...
Administrative/Regulatory, Data Privacy
SEC requires publicly traded companies to disclose cyberattacks within four days
By Anita Taff-Rice
New SEC rules may have prompted MGM Resorts’ next day report of expected millions in losses from ongoing cyberattack.
Law Practice
Listening is a dilapidated lawyer skill that actors can revive
By Katherine James
It will shock you at how different your relationship is with your client when they know you are actually listening to them. Th...
Constitutional Law, U.S. Supreme Court
"When is an acquittal not an acquittal?"
By Brian M. Hoffstadt
The United States Supreme Court will confront, next term, how the bar against double jeopardy applies when a jury’s verdicts a...
A growing body of scientific evidence shows that participants in virtual hearings perceive testimony by videoconference marked...
Civil Rights, Constitutional Law
California’s transgender youth ‘safe haven’ status is in jeopardy
By Alphonse Provinziano
California and Florida have conflicting laws about gender-affirming care. The divide will likely be resolved by the conservati...
Building an incredible book of business begins by starting a conversation
By Deb Feder
Bringing in business is about meeting, connecting, and learning about people and their needs. From that foundation, you can de...
Title IX extends to student-on-student harassment based on real or perceived sexual orientation
By Robert Ross DeKoven
Schools may also have an affirmative duty to identify those students who are being or have been bullied, harassed, hazed, or s...
Intellectual Property
The artist, the spouse, and breach of fiduciary duty
By Scott J. Nord, Karra Ideozu
Copyright law seeks to protect an individual’s freedom of expression. Ordering a sale of artistic property would seemingly def...
Contracts
Consumers are being victimized each time they lease a vehicle
By Louis A. Lipofsky
Boilerplate car leases fail to advise the customer that if their car is in an insured accident and is totaled, the customer wi...
Criminal
Why prosecutors should look back at a past sentence to ensure ongoing justice
By Hillary Blout
Many people serving long sentences are also part of an aging population that is far less likely to reoffend, and costly to kee...
Ethics/Professional Responsibility, Judges and Judiciary
I don’t want to spoil the party, but . . .
By Laura W. Halgren
If judges were to avoid all bar association events that were sponsored by law firms, their absence would adversely affect the ...
Criminal
Human trafficking in Ventura County: It’s happening in your own backyard
By McKenna Fitzpatrick
Implementing a statewide training program within schools across California can potentially save hundreds to thousands of victims.
Administrative/Regulatory, Corporate
The SEC’s cyber rules present a challenge and an opportunity for in-house counsel
By Douglas Yang
Final rules issued by the agency are a clarion call to action on the importance of advising business units on the necessity an...
Cannabis
Beyond rescheduling: reimagining cannabis policy for a more just society
By Allison B. Margolin, Warren Arndt
Although the rhetoric around rescheduling marijuana is a positive sign, the notion of rescheduling cannabis to a lower schedul...