Legislature

3 05, 2019

Legislating Against an Implicit Bias

By |2019-04-30T15:58:09-07:00May 3rd, 2019|Legislature|0 Comments

In 2017, I posted a blog entitled, “A Bias I Never Thought About” which discussed an implicit bias against hair styles, most notably, Afros, Dreads, Twists, and Braids. It was based on a lecture given by Professor Wendy Green who is an expert on discrimination based on hair style. This all came back to me [...]

16 04, 2019

Getting California Mediation Settlements Enforced Is Now Harder

By |2019-04-17T11:15:12-07:00April 16th, 2019|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Originally published in Law360, April 9, 2019 Typically, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included are provisions that the settlement agreement may [...]

4 01, 2019

New Disclosure Rule!

By |2019-01-03T14:16:29-07:00January 4th, 2019|Legislature|0 Comments

First and foremost, I would like to wish everyone a very Happy New Year; I hope that it proves to be a happy, healthy and very prosperous one for each of you. As I am still recovering from the holidays, I decided to post a blog about a very big change in the law regarding [...]

26 10, 2018

Informed Consent in Mediations Taking Place in California

By |2018-10-27T09:33:23-07:00October 26th, 2018|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Informed Consent in Mediations Taking Place in California Originally published in the Daily Journal, September 28, 2018. Download the PDF Version of the Article Here Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to explain the process of mediation [...]

12 10, 2018

Another Attempt to Create an Exception to Mediation Confidentiality.

By |2018-10-01T12:09:54-07:00October 12th, 2018|Legislature|0 Comments

Several weeks ago, I posted a blog about the enactment of Senate Bill 954 as Evidence Code section 1129. This new law effective January 1, 2019 requires counsel to obtain a written acknowledgement from their clients as soon as is reasonably possible after agreeing to mediation or to a mediation consultation that they understand the [...]

12 09, 2018

New Mediation Confidentiality Law

By |2018-09-12T18:14:38-07:00September 12th, 2018|Legislature|0 Comments

On September 11, 2018, Governor Jerry Brown signed  SB 954 which (when it takes effect on January 1, 2019) will require attorneys to inform their clients of the confidentiality restrictions related to mediation and to obtain their clients’ written acknowledgment that this disclosure has been made to them and that they understand it. While this [...]

15 06, 2018

New Rules

By |2018-06-01T13:27:03-07:00June 15th, 2018|Legislature|1 Comment

After many years of study and discussion, the California Supreme Court has finally adopted a modified version of the ABA Model  Rules of Professional Conduct. By order entered  May 10, 2018, the Court approved the request of the Board of Trustees of the State Bar for approval of comprehensive amendments to California's ethics rules for [...]