When a case gets dismissed as a discovery sanction, the first instinct for many litigants—and many lawyers—is to reach for Code of Civil Procedure section 473(b). The “mandatory relief” provision is often treated like a safety net: file an attorney affidavit of fault, and the court must undo the damage. But Rodriguez v. WNT, Inc. (Dec. 4, 2025, D084642) …
Just two weeks ago, we posted a summary of what was then the latest in a growing series of appellate cases dealing with AI-hallucinated citations. Already, however, it has lost its novelty. Earlier this week, Shayan v. Shakib became the most recent reminder of California lawyers’ responsibility for the accuracy of the material that they submit to the courts. It …
When a business believes a documentary has crossed the line from criticism to defamation, the natural instinct is to “fight back” with a lawsuit. OneTaste Incorporated v. Netflix, Inc. is a sharp reminder that in California, anti-SLAPP and the actual malice standard make that a very steep climb—especially against a global streaming platform. In this published decision, the Second District …
Schlichter v. Kennedy: California Courts Continue to Make Examples of “ChatGPT Lawyers” Generative AI has become a part of many workflows for a lot of litigators, whether or not they say so out loud. But California’s appellate courts are drawing a very clear line: you can use AI as a tool, but you cannot shift your professional duties onto …
The legal profession is undergoing a transformation, driven in part by artificial intelligence (AI). Tools powered by AI are now capable of assisting with tasks like legal research, document review, and even drafting initial pleadings. These tools offer significant benefits to lawyers, particularly in litigation, by improving efficiency and reducing time spent on repetitive tasks. However, the responsible use of …
On December 19, the United States Circuit Court of Appeals for the Second Circuit held oral arguments in Variscite NY Four, LLC v. New York State Cannabis Control Board, the latest front in an ongoing legal war over whether the dormant Commerce Clause (“DCC”) should apply to the state-licensed cannabis industry. With the caveat that reading the tea leaves of …
People procrastinate. It’s in our nature. And, paradoxically, the bigger the project, the more we tend to put things off. This tendency becomes particularly problematic in the context of bringing a lawsuit in attempt to remedy harm that has befallen you at someone else’s hands. This is because all claims against third parties (in California and any other jurisdiction in …
Jointly owning property can be a cost-efficient and lucrative investment, but when disputes arise, it can quickly become a legal and financial challenge. Whether it is in the context of a shared vacation home, an investment property, or inherited real estate, co-ownership disagreements can be complex. Understanding the causes of disputes and your legal options can help you resolve these …
In the realm of corporate law, the concept of limited liability is a cornerstone, providing a shield for shareholders against personal liability for the debts and obligations of the corporation. However, this protection is not absolute. Under certain circumstances, courts may “pierce the corporate veil” and hold shareholders personally liable. In California, courts have developed specific criteria for when this …
Legal disputes often bring stress, uncertainty, and the risk of costly court battles. While those who have not spent significant time in litigation often see it as a path to vindication and justice, the reality is that it is seldom an effective tool for that purpose and even more rarely an efficient one. Thus, it is not surprising that around …