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Intellectual Property, Technology

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

Mar. 27, 2023
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

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

Training AI “artists” with copyrighted material is no different than human painters’ access to thousands of landscape oils, wa...


Probate

The Public Administrator’s role in probate matters

Mar. 24, 2023
By Jeremiah Raxter

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

MCLE
Mar. 24, 2023
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)

Mar. 24, 2023
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?

Mar. 23, 2023
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

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

Commissioners were selected to participate and deliberate the complex issues surrounding the attorney licensure in California ...


Alternative Dispute Resolution

The power of apology in mediation

Mar. 23, 2023
By Steven H. Kruis

Studies show that doctors who give apologies in serious medical malpractice claims pay less to settle their claims compared to...



Ethics/Professional Responsibility, Technology

Given the extraordinary capabilities of artificial intelligence and the much-touted ChatGPT, there will be much thornier probl...


Litigation & Arbitration, Technology

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

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

Mar. 22, 2023
By Jonathan A. Goldstein

Zoom has provided the perfect platform for ADR and a prime opportunity for time and cost-cutting efficiencies.


Insurance, Technology

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

Mar. 22, 2023
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

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

Mar. 21, 2023
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...


Family

Cultural Divorce, Part I: Introduction

Mar. 21, 2023
By Abbas Hadjian

The attorney in a cultural divorce is more than a legal shepherd and fact finder. Attorneys are hired to do justice and stop c...


Tax

Leave California taxes, don’t worry, be happy?

Mar. 21, 2023
By Robert W. Wood

If you are a lawyer, does moving out of state make your practice income free of California tax? In many cases the answer will ...


Tax

Tax planning: Oops! I changed my mind

Mar. 21, 2023
By Bruce Givner, Owen Kaye

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...


Insurance

When is a partial appeal bond sufficient?

MCLE
Mar. 20, 2023
By David M. Axelrad

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

Government speech seems like a relatively simple doctrine, and yet its simplicity can be deceiving, especially in the context ...


Judges and Judiciary

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

Mar. 20, 2023
By Erwin Chemerinsky

Agency actions that have been allowed for decades now are vulnerable to challenge.


Alternative Dispute Resolution, Litigation & Arbitration


Criminal, Government

The coming prosecution of Donald Trump

Mar. 17, 2023
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

Mar. 17, 2023
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...