Government
Not raising the debt ceiling would hurt the average American most
By Ty Carss
Raising the debt ceiling is imperative for the American people. Congress needs to legislate on behalf of all Americans, not pa...
An attorney used generative artificial intelligence to write a pleading. What followed was a lawyer's worst nightmare. By Pau...
Alternative Dispute Resolution
Mediation is poker, not chess: a mediator’s guide to “Rounders”
By Bret Geckeler
Both poker and mediation negotiations involve perceived wagers and evoke a tension between playing one’s cards and playing one...
A wag once noted that “a navigable river is any river with enough water in it to float a Supreme Court opinion.” See United St...
Government, Military Law, U.S. Supreme Court
National Guardsman have same protections as federal employees
By Ryan C. Nerney
Since the high court ruled that the National Guard acts as a federal agency due to its supervision and hiring of dual-status t...
Companies should use the available transition period to establish their disclosures, benchmark against peers and be nimble eno...
Insurance, Land Use
The use of geologic hazard abatement districts to mitigate landslides
By Patricia E. Curtin
Most of the damages caused by earth movement are not covered by insurance. Mitigation funding through geologic hazard abatemen...
Ethics/Professional Responsibility
Lessons learned from taking a true summer vacation
By Joanna L. Storey Mishler
Being well makes it much easier to be competent. California is ahead of the curve on this one, as the American Bar Association...
Administrative/Regulatory, Environmental & Energy
Turning from roads to rails: CARB approves In-Use Locomotive Regulation
By Maureen F. Gorsen, Caleb J. Bowers
The In-Use Locomotive Regulation is the first of its kind in terms of state regulation of in-use locomotives. But the regulati...
Law Practice, Technology
The AI revolution: transforming the practice of law and why attorneys need to adapt
By Kevin A. Adams
Several prognosticators have predicted a seismic shift in the legal profession within two years’ time, with both legal fees an...
Criminal, Government
California bail schedules face dire consequences as state law is ignored
By Jeffrey J. Clayton
Practically speaking, getting rid of the bail schedule is going to harm all persons arrested in Los Angeles County.
If the stock qualifies as qualified small business stock (QSBS), you might pay zero federal tax.
Civil Litigation, Torts/Personal Injury
Autonomous vehicles: the new frontier in products liability automotive litigation
By Jonathan S. Tam, Allie Ozurovich
If Hsu v. Tesla is any guide, with accurate and precise instructions and effective testimony from the defendants' engin...
Intellectual Property
Clarifying the defense of de minimis use in copyright infringement
By Dariush Adli
All courts agree that de minimis use defense applies in analyzing whether enough of a copyright protected work has been copied...
U.S. Supreme Court
U.S. Supreme Court refuses to face down violent speech in cyber town square
By Anita Taff-Rice
Court declines to rule on scope of Section 230 immunity for violent speech on social media platforms.
U.S. Supreme Court, Real Estate/Development
Legislative? Administrative? Constitutional? Land-use law is in disarray
By Michael M. Berger
It is no longer a secret that California has always been among the most stringent in reviewing land use permits and the most f...
Intellectual Property, U.S. Supreme Court
Supreme Court in Warhol case resets significance of “transformative” issue in fair use analysis
By Rollin A. Ransom, Lauren M. De Lilly
Despite the concerns articulated in the dissent, the Court’s decision is far from a death knell for transformative uses of exi...
Constitutional Law, Government
Dangerous new laws criminalize the right to protest
By Stephen F. Rohde
Since January 2017, 45 states have considered 267 bills that restrict the right to protest.
Tax, U.S. Supreme Court
Polselli, et. al., v. Internal Revenue Service – is it a blank check?
By Christina Weed, Diana Lopez
While this case may not be entirely a blank check to the IRS to issue summons without notice because the Court leaves open the...
Criminal, U.S. Supreme Court
Supreme Court reins in government's fraud theories...again
By Agustin D. Orozco, Nimi Aviad
The Supreme Court issued two opinions limiting the reach of the federal fraud statutes and eliminating often-used theories fro...
Intellectual Property, U.S. Supreme Court
Supreme Court rules against fair use of Andy Warhol silkscreen
By Douglas L. Johnson, Daniel B. Lifschitz
The decision, which affirms the 2nd Circuit’s findings in the landmark copyright case, rebalances the fair use doctrine to pla...
Constitutional Law, Government
President should apply 14th Amendment to increase debt ceiling if deal isn't reached
By John H. Minan
The concern with presidential overreach is legitimate. But the phrase “the Constitution is not a suicide pact” reflects the re...
Real Estate/Development
How to minimize complications when arbitrating real estate disputes
By Bernard M. Resser
With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the Cali...
For a California attorney, FL-100 provides basic information about parties, their legal relationship, the reasons for the term...
Civil Litigation, Law Practice
Wait, wait… please tell me! The benefits of speaking to jurors after trial
By Robert Glassman, Jonathan Davidi
Speaking to jurors after winning or losing a trial can benefit a trial lawyer in many ways. It can provide valuable feedback, ...
Constitutional Law
Ending cash-based jailing: a win for the Constitution and public safety
By Miriam Aroni Krinsky, Erwin Chemerinsky
As a former federal prosecutor, a constitutional law scholar and a former judge, we believe the Court made the right decision....
Alternative Dispute Resolution, California Courts of Appeal
Settlements must now address Section 998 costs and fees
By Scott Carr
This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate ju...
Entertainment & Sports, Legal Education
Stream It Tonight! "The Paper Chase" (1973)
By Michael Asimow, Paul Bergman
Aspiring law students used to be told to watch “Paper Chase” to prepare themselves, but the film doesn’t describe the 21st cen...
Probate, Wills, Estates & Trusts
An unconventional application of Probate Code §850? The Court’s dissenting opinion
By Jeremiah Raxter
Documents and communications do not qualify as recoverable property under Section §850.
California Courts of Appeal, Torts/Personal Injury
Negligent infliction of emotional distress: how “present” is present?
By Michael E. Rubinstein
Technology use in our daily lives is expanding the definition of who is ‘present’ at the scene of an accident.