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Ciminelli and Percoco are the latest chapter in a long running tug of war between the Court and prosecutors to d...


Torts/Personal Injury


A defendant’s duty depends on the nature of the sport or activity and its inherent risks. A defendant has no duty to eliminate...


This week, it appears the #MeToo reckoning has reached the legal community; something that lawyers should all welcome a...


As several recent cases illustrate, the remote nature of videoconference depositions has also lent itself to deposition abuses...


Torts/Personal Injury, U.S. Supreme Court


Even if the results AI achieves are helpful, its use may foster the atrophy of the human creative brain. If this happens, our ...


California Supreme Court, Ediscovery


If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the gro...


Insurance company wrongfully conflates duty to defend with insured’s potential liability in third party action. On appeal, the...


Legal professionals practicing in the cryptocurrency sector must keep jurisdictional challenges in mind, particularly when dea...


Government, Land Use


Lower Division States’ agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in...


Military Law


Veteran’s failed suicide led to monumental changes in California’s prisons for incarcerated veterans.


Administrative/Regulatory, Alternative Dispute Resolution


The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore ...


Intellectual Property, U.S. Supreme Court


Some Observations on Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.


An attorney used generative artificial intelligence to write a pleading. What followed was a lawyer's worst nightmare. By Pau...



Companies should use the available transition period to establish their disclosures, benchmark against peers and be nimble eno...


Administrative/Regulatory, Environmental & Energy


The In-Use Locomotive Regulation is the first of its kind in terms of state regulation of in-use locomotives. But the regulati...


Criminal, U.S. Supreme Court


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


The decision, which affirms the 2nd Circuit’s findings in the landmark copyright case, rebalances the fair use doctrine to pla...


With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the Cali...


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


This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate ju...


While Texas, Illinois, and Washington are currently the only states with dedicated biometric privacy laws, many states have ex...


Constitutional Law, U.S. Supreme Court


Et tu, Bruton?

May 17, 2023

The 1968 decision in Bruton v. United States – which acts as a defensive shield for defendants – has witnessed a slow erosion ...


Expert opinions rife with methodological issues could result in a complete dismissal of the litigation.


For litigators looking to challenge state regulations that reach into the affairs of other states, the most profound insight c...


California Courts of Appeal, Contracts


Recent California Appeals Court decisions reveal that although COVID-19 certainly classified as a force majeure, individualize...


Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance ca...


California Supreme Court


Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger cove...


The painting’s subject matter and its centerpiece-placement at Crow’s private luxury resort show not just the importance of th...


Alternative Dispute Resolution


The behind-the-scenes negotiations between Fox News and Dominion Voting Systems ended up accomplishing far more, in terms of a...