Intellectual Property, Technology
The inherent tension between copyright protection and AI fair-use
By John H. Minan
An important legal question involves the role of federal copyright law and Machine Learning applications. Some have called it ...
Ethics/Professional Responsibility, Insurance
Dangerous myths about malpractice insurance coverage
By Hellen Hong, Suma Mathai
Beyond cost, the attorneys surveyed by the State Bar seemed to feel that a malpractice claim just wouldn’t happen to them. But...
Criminal, Ediscovery, Ethics/Professional Responsibility
Crime-fraud exception to A/C privilege pierces Trump’s communications with lawyers
By Jason E. Fellner, Andrew Browning
The crime-fraud exception stems from a letter Trump’s legal team sent to the Department of Justice that was arguably used in f...
Intellectual Property, Technology
The case for fair use designation of copyrighted AI training content
By David B. Hoppe
Training AI “artists” with copyrighted material is no different than human painters’ access to thousands of landscape oils, wa...
In addition to the typical duties of an estate administrator, the courts tend to use the Public Administrator in their role as...
Criminal, Immigration
Criminal defense attorneys need to know crimmigration law
By Georgina Gannon
The Bar doesn’t recognize crimmigration as a specialist area. Without a specialist, attorneys and defendants get stuck between...
Criminal, Entertainment & Sports
Stream it Tonight! Gideon's Trumpet (1980)
By Paul Bergman, Michael Asimow
To comply with Gideon, most states have established public defender offices, but they are often drastically underfunded...
Entertainment & Sports, Labor/Employment
Are college athletes employees?
By Frank N. Darras
What the newest round of federal court hearings means for student-athletes’ employment status and their colleges.
Law Practice, State Bar & Bar Associations
State Bar virtual meetings: the good, the bad and the ugly
By Claire M. Solot
Several members of the Blue Ribbon Commission missed as many as a quarter of the meetings, and the absenteeism rate was highes...
Law Practice, State Bar & Bar Associations
As release of report on alternative path to licensure looms, commissioners are at odds over the process
By Susan Smith Bakhshian
Commissioners were selected to participate and deliberate the complex issues surrounding the attorney licensure in California ...
Studies show that doctors who give apologies in serious medical malpractice claims pay less to settle their claims compared to...
Letters
The more subjectivity involved, the greater the potential for influence of bias.
By Mark B. Baer
Ethics/Professional Responsibility, Technology
This barrister robot was a bust, but the next one may not be
By Anita Taff-Rice
Given the extraordinary capabilities of artificial intelligence and the much-touted ChatGPT, there will be much thornier probl...
Litigation & Arbitration, Technology
The allure and risks of blockchain-enabled litigation finance
By Mark Chen
Imagine being able to log into an app on your smartphone to buy and sell different litigation tokens on an unregulated, decent...
State Bar & Bar Associations
The California Bar intends to “identify and prevent unethical behavior.” Really?
By A. Marco Turk
Notwithstanding the magnitude of decades-long lawsuits and complaints against Girardi, the consistent failure of the Bar to ...
Alternative Dispute Resolution
Why virtual ADR is critical in our post COVID-19 economy
By Jonathan A. Goldstein
Zoom has provided the perfect platform for ADR and a prime opportunity for time and cost-cutting efficiencies.
Insurance, Technology
Companies that pay hackers may be able to recoup their losses
By Peter S. Selvin
Insurance carriers have declined coverage on the basis of the Fraudulent Instructions Exclusion, presumably arguing that the r...
Labor/Employment
NLRB’s important decision on confidentiality and nondisparagement clauses
By Wendy M. Lazerson, Jordan Varberg
Employers may need to revise their severance and other agreements with non-supervisory/managerial employees.
Civil Litigation, Torts/Personal Injury
Lopez v. American Medical Response West expands MICRA to negligent driving?
By Benjamin T. Ikuta
In short, the opinion held that a non-patient passenger harmed by an EMT’s negligent driving was a professional negligence act...
Alternative Dispute Resolution, Contracts
Ensure arbitration provisions leave the nest in the Ninth Circuit
By Jason D. Russell, Adam K. Lloyd
Businesses should review their agreements to ensure that any arbitration provision meant to govern “all disputes” is expressl...
The attorney in a cultural divorce is more than a legal shepherd and fact finder. Attorneys are hired to do justice and stop c...
If you are a lawyer, does moving out of state make your practice income free of California tax? In many cases the answer will ...
If you engage in income or capital gains tax planning during the year which, at the end of the year, does not look quite as at...
What happens if an insurance carrier is required to post an appeal bond as part of its contractual obligation to an insured s...
Civil Rights, Government
The blurred lines of government speech and private expression
By Catherine Nashed
Government speech seems like a relatively simple doctrine, and yet its simplicity can be deceiving, especially in the context ...
Judges and Judiciary
JUDGING BAD GUYS. Part III: The effect on “the law”
By Myron Moskovitz
If Good Guy/Bad Guy affects how judges decide cases, they should talk about it – and allow the rest of us to watch the debate...
Constitutional Law, Judges and Judiciary
The Major Questions Doctrine
By Erwin Chemerinsky
Agency actions that have been allowed for decades now are vulnerable to challenge.
Alternative Dispute Resolution, Litigation & Arbitration
Mediating the impossible: dealing with difficult personalities
By Elizabeth A. White
Criminal, Government
The coming prosecution of Donald Trump
By Paul N. "Pete" McCloskey
The recently published report of the Jan. 6 committee includes sworn testimony that strongly supports a criminal prosecution o...
Criminal, State Bar & Bar Associations
State Bar admits it failed - badly
By Hailyn J. Chen, George Cardona
We are speaking openly about the State Bar’s mistakes to underscore our deep commitment to being both transparent and accounta...