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Government, Torts/Personal Injury

On July 11, the DOJ advised counsel for both Trump and Carroll that it will no longer represent Trump (Carroll I, 590 F. Supp....


Alternative Dispute Resolution

Timing is everything when mediating a case

MCLE
Jul. 19, 2023
By Lindsey Bayman

A well-timed mediation will present the best opportunity to resolve the case. Conversely, an ill-timed mediation can sometimes...


Criminal, Judges and Judiciary

Difficult Humphrey bail findings can be easier to make

Jul. 19, 2023
By Laura W. Halgren

Bail rulings are often difficult and impact many lives, but using a checklist as a guide makes them easier to make correctly a...


Civil Procedure

We live in an interconnected world. To ensure accountability and protect the rights of individuals, state courts must exercise...



Constitutional Law, U.S. Supreme Court

While the line between protected and unprotected speech seems to be getting more ambiguous, the Supreme Court provided certain...


Ethics/Professional Responsibility, State Bar & Bar Associations

Legal skeptics have argued for years that this rule is easy to read, but hard to enforce.


Civil Litigation, Law Practice

Preparing your client for deposition

Jul. 18, 2023
By Tianqi Sun

Depositions often take place when your client feels most vulnerable. Preparing a client therefore requires careful attention t...


U.S. Supreme Court

The arrogance of power

Jul. 18, 2023
By Erwin Chemerinsky

The Court has its lowest public confidence and approval ratings in history. I have the strong sense that if the Court continue...


Alternative Dispute Resolution, California Supreme Court

California Supreme Court Review: June 2023

Jul. 18, 2023
By Andrew S. Ong, Kourtney Kinsel

A recent court of appeal decision took aim at arbitration provisions seeking to limit injunctive awards to individuals – rathe...


Intellectual Property

Copyright: rights even heroes can’t protect

Jul. 18, 2023
By Tommy H. Du, David Martinez

A recent federal court decision illustrates the contours of derivative work protection and underscores the difficulty in estab...


Insurance, Land Use, Torts/Personal Injury

As experts scramble to assess the damage and determine the cause of the Rolling Hills landslide, many are left wondering wheth...


Worldwide, bigamy is a response to surviving and obtaining the necessities of life, but the reasons for entering a bigamous ma...


Civil Litigation, Law Practice

As a practical matter, it is incredibly important for plaintiffs’ counsel to keep pertinent and organized data about their cli...


Civil Rights

The Strike! Part 3: The picket line

Jul. 17, 2023
By Myron Moskovitz

The workers arrived at 4:30 a.m., but they weren’t there to work. Instead, they walked back and forth along the road carrying ...


Evidence, Government

SB 652 clarifies Evidence Code § 801 to ensure all experts must testify to a reasonable degree of probability based on their f...


Government

Our next transit challenge is safety

Jul. 14, 2023
By Eric Siddall

Those who would do harm or interrupt transit need to know they will be held accountable for their actions and will face proper...


9th U.S. Circuit Court of Appeals, Constitutional Law

The court’s holding opens doors to personal and professional censorship. Although the 9th Circuit may be right about the Distr...


Alternative Dispute Resolution

When to use a discovery special master

Jul. 14, 2023
By Daniel B. Garrie, Gail A. Andler

Special Masters, unlike judges, do not typically have a formal court docket, and as such, Special Masters can respond to reque...


Administrative/Regulatory, Torts/Personal Injury

“Forever chemicals” shouldn’t be hidden

Jul. 14, 2023
By Vineet Dubey

Beginning in 2025, AB 1817 will prohibit the manufacture, distribution, sale or offer of textile articles containing PFAS. Thi...


Entertainment & Sports

Stream It Tonight! "Manhattan Melodrama" (1934)

Jul. 14, 2023
By Paul Bergman, Michael Asimow

This dramatic movie illustrates the competing cultural currents that Prohibition spawned. It was released about a year after P...


Administrative/Regulatory

California is considering fixed charge proposals to bill residential customers based on income rather than energy usage. The L...


Class Action, Intellectual Property, Technology

Comedian Sarah Silverman has filed a class action lawsuit against OpenAI, alleging copyright infringement of her written work....


Alternative Dispute Resolution, Labor/Employment

The 2022 amendment to the Federal Arbitration Act exempts from mandatory arbitration far more than just sexual, gender and pre...


Constitutional Law

Protecting speech by prohibiting speech

Jul. 13, 2023
By Steven S. Kimball

George Orwell’s name gets thrown around a lot by conservatives aggrieved at their treatment by the media, but I wonder what wo...


Administrative/Regulatory, Government, Land Use

CEQA reform bill slides into state budget at the eleventh hour

Jul. 13, 2023
By Jennifer Chavez, Whitney Hodges

Infrastructure project opponents have weaponized the California Environmental Quality Act to kill unwanted projects. Last minu...


DHS announces “Family Reunification Parole Processes” for Colombia, El Salvador, Guatemala and Honduras.


Tax, U.S. Supreme Court

The outcome of the Moore v. United States case is likely to serve as precedent that will dispose of the Mansion Tax as ...


Torts/Personal Injury

Student injuries during PE class & school sports

Jul. 12, 2023
By Michael E. Rubinstein

Mandatory activities that are part of the school curriculum fall outside the assumption of the risk doctrine.


Criminal, Law Practice

An easier route to disqualification of prosecutors

Jul. 11, 2023
By Antonio R. Sarabia II

Conflicts between the People and victims are common, and possible serious conflicts may appear at virtually every stage of a c...