Daily Recorder
Saturday, September 23, 2023
GUEST COLUMNS

Friday, September 22, 2023

New SEC rules may have prompted MGM Resorts' next day report of expected millions in losses from ongoing cyberattack.
There are safeguards that can be put into place to protect against AI-created misinformation or misleading the judge or jury as to the origin of the evidence. For example, experts or counsel may be duty-bound to inform the court when AI has been used to generate evidence presented.

Monday, September 18, 2023

While the Supreme Court's recent decisions in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina have altered the landscape of the college admissions process, the private sector's focus on diversity, equity and inclusion continues, and these initiatives continue to be viewed as a critical component of an ESG program.

Thursday, September 14, 2023

Vermont Law School decided to build a wall of acoustic panels just two inches in front of the mural, but not touching the mural. They did this because of something called the Visual Artists Rights Act, or VARA, which protects an artist's rights of attribution and integrity in particular works, such as murals. Under VARA, the owner of a mural can't simply paint over, modify, or destroy the mural, at least not without satisfying several requirements.

Monday, September 11, 2023

Lawsuits have been filed against Perkins Coie and Morrison and Foerster challenging their DEI internship programs. Both firms – recipients of diversity honors within the profession – intend to launch vigorous defenses and the American Bar Association has condemned the lawsuits, but the damage may already be done.
The tragic downing of Flight 007 came at the height of the Cold War. For many years, courts in the United States, including here in California, oversaw the litigation filed by surviving family members. These courts were responsible for helping the victims achieve some semblance of justice.

Wednesday, September 6, 2023

Machines are skilled at persuading each other, so if machines replaced human judges, engineers could understand the judge-machine's decision-making process and program lawyer-machines to come to the "right" decision.
Even the most experienced trial attorney would be lucky to have picked one hundred juries in their entire career. For this reason, a trial consultant has an enhanced skill set that trial attorneys simply do not have.

Tuesday, September 5, 2023

When you have a case that is low-impact, and thus has little to no property damage, it is important that you consider introducing a science-based approach to the case.

Friday, September 1, 2023

In this 340-page book, Tove Ditlevsen stays faithful to the grit of an exiled insider wandering her own cobblestone squares and public gardens, aware always of possible seizure by the Germans or the dangers of her opiate addictions. This knife-edge of tension rumbles down like thunder, as propulsive as any thriller or espionage novel.

Wednesday, August 30, 2023

On Aug. 24, Lawrence Caplan filed what may be the first federal civil lawsuit against Donald Trump under Section 3 of the Fourteenth Amendment. It may be the lawsuit that disqualifies him from a potential second term.
International Rights Advocates recently filed a complaint with the United States Court of International Trade to force the Biden Administration to halt the importation of Ivorian cocoa beans due to child labor violations, under section 307 of the Tariff Act of 1930.

Monday, August 28, 2023

While traditional mock trials let law school students simulate courtroom proceedings in a controlled environment, Flash Trials accelerate this process. This high-paced competition offers a condensed trial experience: 45 to 60 minutes to prepare a case for trial in front of a three-jury panel.

Friday, August 25, 2023

With rideshares, the safety ratings should set most riders' minds at ease. However, that does not mean that one should not be prepared if an accident should occur.
The case threatens the FDA's regulatory authority and could lead to established, safe medications being challenged simply because they are politically contentious.

Thursday, August 24, 2023

While the headlines are understandably focusing on Trump himself, the legal community should be looking to its own. We sit in the aftermath of a series of abuses by our so-called colleagues that make the charges against Nixon's legal advisors look like loitering.
Burnout is a workplace issue, resulting from ongoing, unrelenting, workplace stressors. These stressors take many forms, depending on practice area and setting, including working around the clock on high stakes matters, working with clients whose legal issues involve emotionally salient fact patterns, or working for clients or employers whose actions challenge your ethical code or value system.
Proposed rules pending consideration by the California Supreme Court are premised on the concept that advocacy for a client does not require incivility and that the First Amendment allows for regulation of civility.

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