The U.S. Supreme Court addressed the question whether nominal damages for a past violation of legal rights satisfies the redre...

As the court held: “Trial judges deciding motions for attorney fees properly may consider whether the attorney seeking the fee...

Earlier this month, the U.S. Supreme Court heard oral arguments in a case that has the potential to upend thousands of decisio...

At the end of last year, the Chicago Mercantile Exchange (the “Merc”) began allowing trading of water futures through a new fu...

Law firm reliance on technology has opened the door for things more sinister and new cyberthreats targeting law firms may be p...

Negligence Claims Under California Law Encompass a Broader Spectrum of Conduct Than Excessive Force Claims Under the Fourth Am...

The United States is a democracy, and the majority should govern.

It is often said that picking a jury is the most important part of the trial. In the case of the Minnesota v. Chauvin, the sec...

Neighborhood Law Programs are a way to get young lawyers experience to deal with nuisances that senior attorneys do not have t...

The separation of powers doctrine has been described by the courts as both “important” and “fundamental.” But how important is...

The California Lawyers Association recently issued its first formal advisory opinion tackling the practical issue of what cons...

Starring ace trial lawyer Flash Feinberg and his trusty sidekick Professor Plato.

These days most lawsuits settle in the trial court and therefore never go up on appeal. Code of Civil Procedure Section 998 is...

The tension between the definition of public injunctive relief — a remedy that inures primarily to the benefit of the general ...

A fundamental aspect of private property is that the owner can choose whom to let onto the property and who to exclude as a tr...

To paraphrase Obi Wan Kenobi, in the hands of unscrupulous and unethical attorneys, legal billings can be a wretched hive of s...

California’s groundbreaking gender parity law for public company boards is the subject of two legal challenges, one of which c...

In our practice advising California law firms, one of the questions we hear most often from our clients, in some form or anoth...

Special masters are nominated by counsel or appointed through a court, arbitrator or other decision-making body with a mandate...

People with disabilities who make up 20% of California’s population are not being proportionately appointed to the California ...

If both the common and legal meaning of “gift” are the same, why are gifts given during marriage not always a gift? Because in...

On Feb. 26, Judge Amy Berman Jackson granted Sherwin’s motion, and entered an order vacating the court’s earlier decision dire...

Toby Ord whisks us in and out of environmental ethical puzzles with the speed of a Formula One racer — that exhilaration and ...

Later this term, Geiser v. Kuhns will present the court an opportunity to clarify what must be shown to establish anti-SLAPP p...

The California Supreme Court last month determined that the practice of rounding meal period time was impermissible under stat...

Law as code is bandied around as a crucial determiner of the future for lawyers and the practice of law. Depending upon which ...

The reality is that consumers just do not have the bandwidth to spend the time reading the notices. Even if consumers spent th...

Does the military really want women in its ranks?

Demystifying COVID-19 health order enforcement

The U.S. Department of the Interior plays an outsized role in California natural resources law and policy. Two examples: The f...