Ken Sterling, Esq., MBA

Blog post containing in one pdf my seven recent posts discussing the new California directed trust provisions - https://lnkd.in/gr_q_AiW

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Arbitration news: A California-based federal trial court has compelled single-plaintiff arbitration of a putative Citibank class action alleging discrimination against Armenian-Americans. Under a 2017 California Supreme Court ruling, McGill v. Citibank, pre-dispute arbitration provisions are unconscionable where they deprive plaintiffs from obtaining "public injunctive relief." So, isn't this precisely the relief sought here? No, says the court: "McGill ... defined public injunctive relief as 'injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public.' By contrast, 'relief that has the primary purpose or effect of redressing or preventing injury to an individual plaintiff—or to a group of individuals similarly situated to the plaintiff—does not constitute public injunctive relief.' Here, Plaintiff’s request falls into the latter category as she seeks to enjoin [#Citibank] from employing discriminatory policies against those of #Armenian national origin or heritage. As such, the requested relief is inherently limited to Plaintiff and other similarly situated individuals." #classactions #arbitration #consumerfinance #discrimination #CaliforniaLaw

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California law librarians turn to CEB for the nuanced, state-specific legal research and practical guidance they need to help ensure the best outcomes for the firm’s clients. With contributions from top law firms and judicial insights, CEB Practitioner delivers content that is both authoritative and actionable.    Find out more at AALL! Everyone who sees a demo will be entered into a drawing to win a trip to Napa. https://lnkd.in/g36jS6TQ #AALL2024 #LegalTech #CEBPractitioner 

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Blazing it's own path, Nevada has introduced a novel alternative to traditional lawyer licensing, opening new pathways for legal practitioners. This approach not only diversifies the legal landscape but also potentially increases access to justice, aligning well with evolving industry needs. As we observe these developments, it's crucial to consider their implications on the broader legal ecosystem. What are your thoughts on alternative licensing models? #LegalInnovation #LawyerLicensing #AccessToJustice #LegalReform #FutureOfLaw https://lnkd.in/eaAzBxt7

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All litigants, regardless of their economic status or representation, deserve to have a verbatim record of court proceedings to ensure accountability and the ability to review legal decisions. Yet, due to a severe shortage of court reporters, over half a million family law, probate, and unlimited civil proceedings in Los Angeles County have occurred without a verbatim record during a recent 18-month span. This gap means that many litigants, especially those who are self-represented and cannot afford private court reporters, are unable to obtain a verbatim record of their proceedings. We applaud the Los Angeles Superior Court for addressing this critical problem by issuing a new General Order yesterday allowing electronic recording in these proceedings when court reporters are unavailable. This action ensures that litigants’ rights are protected, providing fairness, transparency, and access to justice for all. #AccessToJustice #CourtReporterCrisis #FairnessForAll #LASuperiorCourt

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After a string of decisions from California state and federal courts uniformly holding that California's CCP section 1281.97, 98 and 99 are all not preempted by the Federal Arbitration Act, finally in Hernandez v. Sohnen Enterprises, a published appellate decision went the other way and held it is preempted. As a refresher, CCP 1281.97, 98, and 99 are California statutes providing that California employers and consumer litigation defendants must pay all arbitration-related fees required of them within 30 days of the deadline imposed by the arbitration provider. The statutes were meant to prevent defendants from cynically using arbitration to avoid class actions, and then refusing to pay the fees owed for the arbitration they required. In Hernandez, a split panel held that the California statutes are preempted because they pose an obstacle to the the FAA's objectives. Which is surprising, given that the FAA's objectives are supposedly facilitating arbitration, which is precisely what CCP 1281.97 does. The court's decision includes a strong dissent from Justice Baker, making review by the California Supreme Court appear likely. #arbitration #classaction #appellatelaw #appellatelinkedin #californialitigation #wageandhour

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BREAKING NEWS: Latest status report on copyright lawsuits v AI companies. 📰 4 new lawsuits = 24 total lawsuits May 8 hybrid hearing on MTD in Andersen v Stability AI: you can attend via Zoom 🏎️ Link in article below 👇🏽 Judge Tigar cancels hearing on MTD in Doe 1 v Microsoft. Who does that favor?

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💡 New full-length mock exam in LPCC and LCSW L&E Prep ✅ That’s right! There’s now an additional full-length mock exam in our California #LPCC and #LCSW Law & Ethics Exam Prep courses! Each course now includes more than 200 total practice questions (several topic-focused quizzes, a mini-mock, and two full-length mocks), all with complete rationales. The new exams were rolled out Sept 19 for LPCC, and today for LCSW. As usual, the rollout went to all active customers, and we’re not changing prices with the addition. The new exams, like all mocks in all our programs, also include our exclusive Test-Taking Skills Report. We’ve gotten great response on this new feature so far, and none of our competitors have anything like it. Check out our #examprep programs, still priced up to 60% less than competing programs: California LPCC Law & Ethics Exam Prep: https://lnkd.in/dxg6rfEn California LCSW Law & Ethics Exam Prep: https://lnkd.in/gf2JyWPe More on our exclusive test-taking skills reporting: https://lnkd.in/gxjRj6UW All of our online exam prep programs: https://lnkd.in/dzkDGZdn #apcc #asw #testprep

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The new era of depositions is here. Legal Recorder has quickly gained recognition among California attorneys for its ability to simplify Zoom depositions. Read our tips here - https://lnkd.in/d8S52KEk

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👨‍⚖️ On April 5, 2024, the California Court of Appeal (Case No. C097015 – Judge Krause) affirmed a critical decision regarding evidence admissibility in domestic violence cases. The court confirmed that secret recordings could be used in court even before a domestic violence restraining order (DVRO) request is formally filed. 🔍 In the case, the father argued against the use of secret recordings made by the mother prior to the filing of a DVRO. However, Penal Code section 633.6 supports victims intending to request a DVRO, allowing them to record communications if they believe those communications contain pertinent evidence. 👨‍👧‍👦 The court also found substantial evidence of harassment and threatening behavior by the father, including distressing interactions captured in the recordings, thus supporting the granting of a DVRO to protect the mother and her children. 🔄 Please share this post to spread awareness about the legal rights of domestic violence victims and the evidentiary standards that protect them. Source: CA Lawyers Association #DomesticViolenceAwareness #LegalRights #CourtOfAppeal #FamilyLaw #JusticeForVictims #BRvBE

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In this article, my Foley colleagues Chanley Howell and Leighton Allen discuss the major themes covered by the AI-related bills signed by California's Governor Gavin Newsom. Click below to read more. #California #ArtificialIntelligence #AI

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How does the #SCOTUS ruling on presidential immunity affect our legal landscape and democracy? Tune in to The San Francisco Experience podcast to hear Constitutional Law expert Professor Luke Boso explain the broader impacts of the decision.

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*FREE ARTICLE* Exciting news for attorneys in California! The state's judicial mentorship initiative, originally launched in 2019 by Justice Helen Zukin, is expanding to include those interested in becoming research attorneys for the Court of Appeal. This program aims to guide attorneys through the application process for a bench appointment and now, for these crucial research roles. With 106 Court of Appeal justices, each supported by three research attorneys, these positions are pivotal gateways to higher judicial roles. Yet, there's been a noticeable gap in the diversity of applicants. This expansion seeks to bridge that gap by reaching a broader, more diverse pool of talented individuals. How do you think this initiative will shape the future of California's judicial system? Could this be the key to a more diverse and inclusive legal landscape? https://ow.ly/JIKq50RgyNt #JudicialMentorship #DiversityInLaw #CaliforniaCourts #LegalNews

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Press Conference Announcement: Seeking Justice for Vera Plares Last month, our law firm held a press conference to announce the filing of a lawsuit following the tragic death of Vera Plares, a 98-year-old great-grandmother, at a Santa Clara nursing home. Vera was allegedly beaten to death by her roommate, a known aggressive patient with a history of violence. This heartbreaking incident underscores the urgent need for improved safety measures in elder care facilities. Our attorney, Victoria Gutierrez, who is representing the Plares family, spoke passionately about the case. Victoria, a seasoned litigator with over a decade of experience in civil litigation, personal injury, and civil rights, highlighted the facility’s failure to protect Vera despite knowing her roommate’s violent history. Victoria’s dedication to justice and her strategic approach have earned her recognition, including being named a “Top 40 Under 40” attorney by the National Trial Lawyers Association in 2023. We are committed to seeking justice for Vera and her family, and to ensuring that such a tragedy never happens again. Watch the highlights from our press conference to learn more about this case and our ongoing efforts to protect vulnerable nursing home residents. If you or a loved one has experienced neglect or abuse in a nursing home, contact us today for a free consultation. Visit our website at https://grtlaw.com or call us at 916 851 1900. We are here to help you seek justice and ensure the safety of your loved ones. #JusticeForVera #ElderAbuse #NursingHomeSafety #LegalNews

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When considering your personal statement for your University of California, Davis Law application, focus on telling your story. Here, Kristen Mercado, Assistant Dean of Admission and Financial Aid, shares a few tips for completing this portion of your application. #UCDavisLaw #UCDavis #KingHall #PersonalStatement #LawSchoolAdmissions

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