Real Estate/Development
The hot real estate market has a surprising downside for sellers
By Deb Graceffa
The more a buyer pays and the more hoops they have to jump through to close a deal, the more likely it is that a buyer will pu...
Alternative Dispute Resolution, Family
Mediation fosters out-of-the-box solutions in matters fraught with family discord
By Philip Barbaro
The bottom line is that family matters are never simply about money. They’re about competing interests, hurt feelings, and som...
Entertainment & Sports, Intellectual Property
George Harrison rocks the Mosk Courthouse
By Michael L. Stern
Harrison reacted with outrage to the court ruling finding him liable for stealing another composer’s work. After the disastrou...
Bankruptcy, Civil Litigation
Geeking out on live J&J/LTL bankruptcy hearings
By Catherine E. Bauer
While there isn’t an insolvency requirement for filing bankruptcy, one must ponder why a solvent individual or entity would vo...
Administrative/Regulatory, Civil Rights
Sexual harassment offensive conduct continues
By Arthur F. Silbergeld, Aya Z. Elalami
As the 60th anniversary of Title VII approaches, it is worth looking back at the judicial standards that have evolved, Califor...
From 2018 through 2022, 69% of personnel cases involving VA employees included allegations of whistleblower retaliation. Durin...
Intellectual Property, Technology
The future of patent law with the emergence of artificial intelligence
By Manita Rawat
The issue of inventorship in our country’s patent laws for AI-created inventions will continue to be important as more compani...
Constitutional Law, U.S. Supreme Court
Employers subject to stricter religious accommodation standard under Title VII
By Tal Burnovski Yeyni
While the Groff decision constitutes a big change for Title VII religious accommodation claims, California laws and ru...
Civil Procedure, Government
The California Legislature needs to expand the personal jurisdiction consent statute
By Steven R. Young
Companies with unclean hands tend to remove cases from California's state courts when a Californian seeks to recover damages f...
Alternative Dispute Resolution
Tips for mediating your next wage and hour case
By Michael Strauss
Lawyers generally are not mathematicians; mistakes in their calculations are common. Rather than point out your opponent’s mis...
Contracts
Unwritten construction contracts are as risky as a triple dog dare and a frozen pole
By Garret D. Murai
Although there was no written contract with an attorneys’ fee provision and no claim-specific statute providing for the recove...
Ethics/Professional Responsibility, Law Practice
Summer associates provide case load relief, but there are risks
By Alanna G. Clair, Shari L. Klevens
Risks associated with summer associate programs arise from the obligation to supervise the inexperienced newcomers, and firm-s...
Government, Land Use
Streamlining provisions won’t apply to Delta Conveyance Project
By Hina Gupta
The final budget bill recently signed by the Governor includes the overall CEQA reforms, but removed the Delta Conveyance Pro...
Technology
Altered intelligence: will it make us better, worse or extinct?
By A. Marco Turk
It has been said the most nightmarish scenario one can imagine with AI and robotics is a world where robots have become so pow...
Judges and Judiciary, Law Practice
Listening to hear is a start, but it’s also important to fairly consider conflicting viewpoints
By Mark B. Baer
Judges are supposed to decide cases in an impartial manner. This does not mean that judges are free of bias (which is humanly ...
Intellectual Property, U.S. Supreme Court
Artistry no excuse for trademark infringement where use is source identifying
By David Martinez, Zac Cohen
Trademark plaintiffs should lean on Jack Daniels Properties and the recent opinion in Hermès to defeat motions to dismiss and ...
Administrative/Regulatory, Civil Rights
The CFPB’s ability to prohibit discrimination against prospective credit applicants may weaken, but it could have a back-up plan
By Scott Sakiyama, Amanda Lawrence
Industry observers should consider themselves on notice that the CFPB may pursue unfairness actions against consumer financial...
Ethics/Professional Responsibility
New guidance regarding the role of legal assistants in law offices
By John Sullivan, Dale Bellitto
Earlier this month, the ABA issued Formal Opinion No. 506, which addresses a lawyer’s ethical obligations when he or she deleg...
Appellate Practice
Y’all behave now: looking to Texas for appellate civility standards
By Benjamin G. Shatz
California appellate courts and appellate bar organizations could easily modify, adopt, and perhaps improve on the templates s...
Law Practice, Technology
The need for speed: how smart lawyers use artificial intelligence
By Wendy L. Patrick
In order to spot false information, lawyers have to remain attentive. This is particularly true when seeking artificial assist...
Oppenheimer lied about his communism his entire life. He lied when he completed his Security Personnel Questionnaires for the ...
Government, Labor/Employment
Legislation that would protect certain domestic workers continues to move forward
By Algeria R. Ford
For many, Senate Bill 686 is a welcome next step to protect the health and safety of domestic workers who have been excluded f...
Torts/Personal Injury
Igniting discourse: a legal perspective on July Fourth fireworks
By Arash Homampour
Can an individual escape liability simply by relying on the fact that the fireworks that caused the harm were “safe and sane?”...
Civil Rights
The Strike! Part 2: Why California asparagus farmers ditched a legal battle and chose to strike instead
By Myron Moskovitz
Farmworkers had been cutting Green Giant asparagus for the settled price of $3 a box, but when the giant food company shorted ...
Cultural Divorce, Part VIII: Marrying your mother-in-law
By Abbas Hadjian
Next time you are asked to file for divorce of a client married in another country, test it for its validity where contracted....
Managing conflict at your Fourth of July gathering
By Richard Birke
When family and friends gather they often want to rehash the past. Sometimes that’s just lovely. Who doesn’t like to reminisce...
Administrative/Regulatory, Antitrust & Trade Reg.
Don’t block the Microsoft-Activision merger
By Robert E. Bright
It is easy to sympathize with the FTC’s skepticism of increased marketplace concentration in the tech industry. Over the last...
Constitutional Law, U.S. Supreme Court
Affirmatively deaf to the uniqueness of America
By Denisse O. Gastélum
While the practice of affirmative action may be imperfect and may have an impact on tuition and revenue, albeit minimal or non...
Constitutional Law, U.S. Supreme Court
Unanimous decision facilitating religious accommodation is also victory for the Court
By Mitchell Keiter
Justice Alito’s opinion yesterday emphasized the recent shift in Establishment Clause jurisprudence toward greater accommodati...
Government, Technology
Mounting litigation and legislative action against social media that's harming kids is justified
By Frederick Schenk
California lawmakers recently voted to proceed with an updated version of SB 287, a bill that examines how social media compan...