Elaine Lin Hering

With debates about employee speech and employer discipline increasingly in the spotlight, this article from Sahara Pynes of Fox Rothschild is especially timely. She explains the legal risks California employers face when disciplining staff for controversial posts, and how to respond consistently and lawfully. #CaliforniaEmploymentlaw #WrongfulTermination #JohnstonMediation

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California’s 2025 legislative session brought sweeping changes for employers, covering everything from wage equity and AI in employment decisions to expanded leave and reporting obligations. Anthony Zaller's latest summary offers a clear, organized rundown of what was signed, vetoed, and what’s next for 2026 compliance. #CaliforniaEmploymentLaw #LegislativeUpdate https://lnkd.in/gXriMsgA

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I was recently quoted in a Bloomberg Law article about ongoing questions in California labor law after PAGA reform. The piece explores how courts are interpreting the changes and what that could mean for employers and employees alike. If you’re following developments in this area, you might find it interesting: https://lnkd.in/g72PCV3c. #PAGA #WageandHour #CaliforniaEmploymentLaw #JohnstonMediation

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𝗙𝗼𝗰𝘂𝘀 𝗼𝗻 𝗠𝗗𝗟𝘀 Yesterday’s HarrisMartin MDL Conference in San Diego offered a thoughtful look at where multidistrict litigation is heading—and where it is getting stuck. The panels combined big-picture strategy with practical discussions of active MDLs, including Roblox, Depo Provera, and Ozempic. What stood out most was the emphasis on process: case vetting, inventory management, coordination across jurisdictions, and the challenges that arise when large dockets resist resolution. Those issues—far more than headline verdicts—often determine whether an MDL ultimately moves forward or stalls. I was also pleased to see my friend Hon. Stuart Rice (Ret.) in attendance. Recently retired from the Los Angeles Superior Court, Stuart has entered the ADR world as a mediator and arbitrator. He spoke on why inventories fail to settle—bringing the same clarity and judgment that marked his time on the bench. His transition to ADR is already off to a strong start.

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Emotions speak louder than words Online investment scams are on the rise, and they’re carefully crafted performances that use human psychology to lure victims. Here, the author (Akers C. Kuo, PhD, CFE) discusses his research on the emotional tricks that fraudsters use and how understanding these tactics can help stop such crimes in their tracks. https://bit.ly/48LMhH5

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Stanford Law Professor Norm Spaulding outlines six communication techniques for better understanding conversation partners, based on guidance from the Center for Creative Leadership: - Pay full attention - Give your conversation partner your complete focus through active listening and engaged body language, which helps to humanize the interaction and can help de-escalate tensions. - Suspend judgment - Avoid imposing preconceived beliefs or rushing to conclusions. First impressions can be misleading, and judging too quickly leads to confirmation bias that distorts how you interpret new information. - Pause and reflect - Connect with the speaker's experience on a deeper level by combining analysis with empathy. This is especially valuable when facing opposing viewpoints; it can transform difficult conversations. - Ask clarifying questions - Even when you think you understand, ask open-ended questions that start with “What?”. I’ve written extensively about this before and encourage additionally sticking with “When” and “How,” to deepen your comprehension rather than immediately responding with statements. Also, stay away from “Why” questions, which can trigger defensiveness. - Summarize - Also called "looping," this involves reflecting what you heard in a way that captures both the content and intention. The goal is to summarize so accurately that the speaker would say, "That's exactly what I meant." - Share - Only after confirming you've understood correctly should you offer your perspective, advice, or related experiences. These techniques emphasize understanding before being understood, creating stronger connections and more productive dialogue. See the full article in Stanford Report (link in comments section.)

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