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The Recorder

Fallout From Supreme Court 'Dobbs' Investigation: How an Outside Investigation Could Have Helped

Oppenheimer Investigations Group's Jack Morse and Neil Bautista say it may have been more beneficial for the U.S. Supreme Court to have utilized a third-party investigator after the Dobbs draft opinion leak to avoid bias, or the appearance of it.
7 minute read

The Recorder

A New Constitutional Right to Housing Is a House of Straw

"Supporters of increased affordable housing think a recently proposed initiative constitutional amendment will generate increased state power to impose building mandates on local governments. That's unlikely to happen, because a new constitutional right to adequate housing has dim prospects in the courts," says David Carrillo and David Kaiser of the California Constitution Center.
6 minute read

The Recorder

Heckling as Principled Civil Disobedience

"Recent controversies regarding hecklers at law-school speaker events suggests that another time-honored American tradition has been forgotten: that of principled and non-violent civil disobedience," says Rory Little, a professor at University of California College of the Law, San Francisco.
5 minute read

The Recorder

9th Circuit Upholds Mandatory Arbitration Agreements Required by California Employers

While mandatory arbitration agreements still are subject to the same requirements applicable to other agreements, those agreements now may be enforced under the FAA. At least, that is, until the California legislature's next move, according to Rex Berry of Signature Resolution.
4 minute read

The Recorder

Burgeoning 'Caremark' Claims Likely to Drive Stockholder Demands

There has been a noticeable increase in the frequency of Caremark claims over the past four years, and this trend carries significant implications for companies' design of their oversight structures, as well as for the potential liability of directors and officers, according to Stephen Blake and Jordan Lamothe of Simpson Thacher & Bartlett.
13 minute read

The Recorder

Bedsworth: Stranger Than Fiction ... Science Fiction

"Hundreds, maybe thousands of Kiwis will have to be hired and deputized as cow burp umpires," says Justice William Bedsworth.
8 minute read

The Recorder

Mandatory Employment Arbitration Permissible—But For How Long?

With the Ninth Circuit's decision, the battle over mandatory employment arbitration will likely shift back to analyzing the overall fairness of the arbitration process, according to Jonathan Andrews of Signature Resolution.
6 minute read

The Recorder

What to Expect From the Next Era in White-Collar Enforcement

In 2022, the Department of Justice emphasized its focus on individual accountability and corporate cooperation while aggressively pursuing prosecutions, with mixed success, in multiple industries and using novel tools, including increased international cooperation and untested legal theories, according to Paul Weiss' Walt Brown, Melinda Haag, Joshua Hill and JiLon Li.
8 minute read

The Recorder

AB 2245: California's New Law and Its Impact on Estate Planning

"Whether you are the planner or the valuation expert, it is prudent to have a firm understanding of this new law, the protections it affords to your clients and the potential impact on value, and therefore planning opportunities," according to Eric Bardwell of Jeffer Mangels Butler & Mitchell and Carsten Hoffmann of Stout.
7 minute read

The Recorder

Proposition 8—End It and Mend It

If the U.S. Supreme Court abrogates Obergefell, as it did Roe, then the now-dormant Proposition 8 text in the California constitution will once again ban same-sex marriage in California, according to David Kaiser and David Carrillo of the California Constitution Center.
5 minute read

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