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The Recorder

What to Do While the Fate of AB 51—and Arbitration Agreements—Remains in Litigation Limbo

The U.S. District Court for the Eastern District of California deftly articulated employers' dilemma: "continue to utilize arbitration agreements and risk criminal and civil sanctions or avoid arbitration agreements for fear of non-compliance with a statute that is likely preempted" under the supremacy clause of the U.S. Constitution.
6 minute read

The Recorder

Key Considerations When Attorneys Are Asked to Predict Litigation Outcomes

Even when attorneys carefully consider the facts and applicable law, in many cases there still remains a likelihood of an outlier result, especially when a jury is involved.
6 minute read

The Recorder

Out on a Limb: How to Litigate Against Dangerous Trees

Given this increased risk, a working knowledge of how to investigate and litigate tree cases, against both private and public entities, is increasingly useful.
8 minute read

The Recorder

Protecting Clients From Inadvertent Disclosure

Most attorneys are aware of their obligation to protect the attorney-client privilege, including the goal of avoiding of possible waiver resulting from the disclosure of privileged documents to third parties.
6 minute read

The Recorder

No-Rehire Provisions Are No More in California

With this new law set to take effect in a matter of weeks, what do California employers need to know?
4 minute read

The Recorder

Calif. Bars the Calculation of Tort Damages Based on Race, Gender and Ethnicity

The law, which is the first of its kind, expressly prohibits reductions of damages for lost future earnings in personal injury and wrongful death cases when those reductions are based on race, gender or ethnicity.
6 minute read

The Recorder

Understanding Privilege Issues Among Multiple Parties

Most attorneys are aware that the attorney-client privilege is something to be protected with vigilance at all times. For that reason, attorneys may avoid disclosing any client communications to third parties to guard against any suggestion of waiver.
6 minute read

The Recorder

No Good Deed Goes Unpunished: Takeaways From a Recent Pro Bono Malpractice Complaint

Despite the many learning opportunities for newer counsel, few attorneys may realize that the same standard of care applies to the legal representation of pro bono clients as it does with paying clients.
7 minute read

The Recorder

When to Bring Up Alternative Work Schedules in the Interview Process

I'm interviewing for a job and want to telecommute one to two days a week, but I don't want to give the impression that I don't want to work hard or it's all I care about. Should I raise the issue immediately or wait?
4 minute read

The Recorder

AB-5 Opens Up Damages Claims That Go Far Beyond the Mere Codification of 'Dynamex'

AB-5 confirms that its express intent is "to codify the decision in the Dynamex case." Even counsel for Uber has characterized AB-5 as a codification of the 2018 Dynamex decision.
6 minute read

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