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California Supreme Court, Civil Procedure

Batten down the hatches, a new wave of UCL claims may be on the horizon

Jul. 27, 2023
By Ryan D. Ball, Matthew T. Billeci

In the wake of California Medical, organizations that routinely devote resources to fighting unfair business practices ...


Technology

AI drone reportedly kills its human controller in war simulation and becomes favorite weapon of cyber criminals.


Ethics/Professional Responsibility, State Bar & Bar Associations

To the extent that new Rule 8.3 might be a reaction to these recent events, the Thomas Girardi scandal was not caused by a rel...


The program started as a Continuing Legal Education (CLE) to enforce Iranian premarital and marital agreements in California d...


Constitutional Law, Land Use, U.S. Supreme Court

Who benefits from delay?

Jul. 26, 2023
By Michael M. Berger

We are seeing a growing number of land use cases that seem to fall under this rubric. And I wonder why that should be so.


With humility and curiosity, we ask better questions to guide clients towards solutions that make sense for them. In a world w...


Family

Maintaining cultural awareness for partners of justice

Jul. 26, 2023
By Maria Puente-Porras

Establishing Cultural Competency is necessary for any judicial officer presiding over family law matters to protect against we...


Contracts, Tax

When is unpaid rent a liability?

Jul. 26, 2023
By Phil Jelsma

In Catrina E. White v. Commissioner, T.C. Memo. 2023-77 (June 21, 2023), Tax Court Judge Paris looks at when unpaid ren...


Family

What is cultural competence?

Jul. 26, 2023
By Gitu Bhatia

We are more biased than we realize and these blind spots can make us contribute to injustices without having any intention of ...


Family

Plant seeds and a garden will grow

Jul. 26, 2023
By Ellyn J. Stein

Cultural Competency in Family Law Practice (CCFLP) has its genesis in a seed planted by Fred Glassman fifteen years ago. As th...


Administrative/Regulatory, Real Estate/Development

The lack of legal support and certainty around the effect of the Builder’s Remedy, combined with the likelihood that cities wi...


Criminal, Government

A Rule 59 motion for a new trial in Carroll II v. Trump was recently denied. In rejecting the motion, Judge Kaplan expl...


Environmental & Energy, Land Use, Native Americans

Frankly my dear, I don’t want a dam (on the Klamath)

Jul. 25, 2023
By Alexander Rufus-Isaacs

America’s long love affair with dams has left us with around 44,000 dams over 15 feet in height, and a great deal more under t...


Ethics/Professional Responsibility

Sharing office spaces can be beneficial, but it demands a commitment to professionalism and confidentiality.


The bar is arguing that Eastman conspired with Trump and his allies to overturn the 2020 election results with the purpose of ...


Judges and Judiciary

In 2023 the world is firmly in the era of “big data” and the LASC is no exception. Our court is awash in vast oceans of data. ...


Law Practice

Is a law office led by women different from one led by men?

Jul. 24, 2023
By Amy Oppenheimer, Gorev Ahuja

Decision-making styles have various pluses and minuses. While not necessarily gender-linked, in general, transparency is alway...


Administrative/Regulatory, Technology

FTC investigation of ChatGPT a win for consumers

Jul. 24, 2023
By Sabita J. Soneji

By any measure, this is an incredibly swift response by the agency to new technology. Although AI remains at nascent stages, t...


We invite the California Legislature to revisit Penal Code 261.5 in compliance with caljic 10.65, and Anderson, and to make th...


Administrative/Regulatory, Technology

In response to the public’s concerns, the White House announced on Friday that several major technology companies have committ...


Paul Kiesel and Jeffrey Koncius of Kiesel Law LLP discover that generative artificial intelligence responds better to polite r...


Alternative Dispute Resolution, California Supreme Court

The reasoning employed in Adolph, and the potential outcomes it allows, may run afoul of higher federal law, namely the...


Ethics/Professional Responsibility, Judges and Judiciary, U.S. Supreme Court

Although there is a procedure to make a complaint about federal court judges, there is no mechanism to make a complaint about ...


Alternative Dispute Resolution, U.S. Supreme Court

Employers will not be able to escape PAGA liability simply by resolving individual Labor Code violations in arbitration. Thus,...


Tax

Tax missteps if you leave California

Jul. 21, 2023
By Robert W. Wood

California uses a comparative analysis to see if you have closer connections to another state. Some people who leave have unre...


Alternative Dispute Resolution, Constitutional Law

Older workers may get a broad arbitration carve-out

Jul. 21, 2023
By Barry M. Appell

There is reason to believe that additional arbitration carve-outs – for race, religion, disability and other forms of harassme...


Alternative Dispute Resolution, California Supreme Court

Legal implications of the Supreme Court's ruling in Adolph v. Uber

Jul. 20, 2023
By Sue M. Bendavid, Tal Burnovski Yeyni

Employers should review and consider modifying their arbitration agreements to conform to the Adolph decision. They sho...


Civil Rights, Health Care & Hospital Law

That Cedars-Sinai Medical Center is facing a federal civil rights probe is no surprise. The hospital, and many others across t...


Evidence

How much is that doggie in the window?

Jul. 20, 2023
By Brian M. Hoffstadt

An item’s price tag is clearly an out-of-court statement. But must it be true in order to be relevant proof of the item’s valu...


Land Use

Department of Water Resources issues groundwater plan determinations

Jul. 20, 2023
By Clark Morrison, Veena P. Beglinger

Starting in March of this year, DWR began releasing findings regarding the adequacy of critically overdraft basins’ GSPs and a...