Intellectual Property
Voluntary cessation doctrine in trademark cases
By David Martinez, Tommy H. Du
A recent federal district court decision illustrates the contours of the voluntary cessation doctrine and provides a roadmap o...
Law Practice, Ethics/Professional Responsibility
2022 in Review: Cases Involving Lawyers
By Alex A. Graft, Kenneth C. Feldman
It’s been a bellwether year– procedurally – for the anti-SLAPP statute in cases involving lawyers.
Law Practice, Appellate Practice
Powerful legal communication
By Reza Torkzadeh, Allen P. Wilkinson
Words are a lawyer’s stock in trade. Law is all about words: the interpretation of a statute or contract, the persuasion of a ...
Rarely in American history has the Supreme Court ever taken a right away, but 2022 taught us that precedent matters little in ...
Persuasive writers must use the same techniques as their trial lawyer counterparts who employ persuasion science to increase t...
Even though employers have raised wages and offered signing bonuses, there are still help wanted signs in almost every store a...
These so called “mini-TCPA” statutes affect businesses looking to electronically solicit customers in those states – even if y...
9th U.S. Circuit Court of Appeals
Uncertain fate of AB 51 and PAGA arbitration prohibition
By Dariush Adli
Judge William A. Fletcher, one of the judges in the original 2-1 panel majority upholding AB 51, switched sides on Appellant’s...
Going forward, although bonus depreciation is the first of the tax benefits being reduced or phased out, it is by no means the...
I thought I could persuade a Sutter County jury of conservative farmers to acquit a welfare recipient with the right ap...
Law Practice, Appellate Practice
Trial tips for direct and cross-examination
By Dan L. Stanford
The most effective lawyers at cross-examination ask only questions calling for a “yes” or “no” answer.
Ethics/Professional Responsibility
The benefits of “on lien” compensation models in PI cases
By Matt Zar, Survam Patel
Directly bankrolling a client's funds will raise the ire of defense counsel and compromise a client's case. It can also raise ...
The IRAC formula is one surefire promise of success in litigation.
Employers who round time adjust employees’ hours worked might have made sense in a pre-technology era in which handwritten tim...
Law Practice, Appellate Practice
Leading questions and cause challenges
By Lawrence P. Riff
Code of Civil Procedure sections 225 and 229 specify grounds for a cause challenge based upon bias, either implied or actual. ...
If you like practicing in an area of law where you can go to a book and look up the answer, don’t become a water lawyer in Cal...
Guide to Legal Writing, Law Practice, Appellate Practice
Bah Humbug
By Brian M. Hoffstadt
We see a surprising number of briefs that level ad hominem attacks on the opposing party, opposing counsel, and the trial judg...
Technology, Data Privacy
Email scam losses may find recourse via cyber or business interruption coverage
By Peter S. Selvin
The recent Minnesota district court decision suggests that a "data breach" triggering cyber coverage may occur where a bad act...
Labor/Employment
A holiday wish list of potential employment law changes for 2023
By Michael S. Kalt, Lois M. Kosch
The Legislature could preserve daily overtime generally while providing scheduling flexibility by allowing individual employee...
U.S. Supreme Court, Technology
Gonzalez v. Google and tech platforms' liability
By Erik Olson, Raven Quesenberry
One Supreme Court case could change the Internet as we know it
Why no one was ever brought to justice for this crime remains a puzzling enigma.
Military Law
A holiday present for all of us… no more Confederate names of military bases
By Eileen C. Moore
The Commission voted unanimously on each of the names it recommended for renaming.
Ethics/Professional Responsibility, Construction
Simple construction dispute turns into ugly McMansion of a case
By Garret D. Murai
“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...
Tax
Should you get a tax opinion before filing taxes or only if audited?
By Robert W. Wood
If all the opinion accomplishes is preventing penalties, the client won’t be happy.
Civil Litigation
The revival of adult sexual assault claims
By Spencer Lucas, Jesse Creed
Five years after #MeToo, survivors of Harvey Weinstein’s sexual assault finally have a statute of limitations bill to call the...
California Supreme Court, 9th U.S. Circuit Court of Appeals
An arbitrary decision - Honchariw v. FJM Private Mortgage Fund, LLC
By Jonathan D. Fink
The California Supreme Court is considering review of an appellate court’s ability to reverse an arbitrator’s decision to enfo...
Constitutional Law, Civil Rights
Equality for one, equality for all
By Daren H. Lipinsky
With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...
Insurance, Entertainment & Sports
Tripping on the sidelines: inherent or increased risk of playing football?
By Michael E. Rubinstein
“Primary assumption of the risk does not grant unbridled legal immunity to all defendants, and an owner or operator still has ...
Litigation & Arbitration, Family
Even “toxic” clients deserve to have divorces effectively litigated or settled
By Hank M. Goldberg
When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...
Ethics/Professional Responsibility
Be mindful of limitations in agreements with clients
By Alanna G. Clair, Shari L. Klevens
The law recognizes that clients may have inequitable bargaining power when negotiating a relationship with a lawyer. To that e...