Contracts
What happens when contracts are breached due to the coronavirus?
By Matthew S. Ingles
Expect parties to look to force majeure provisions.
Law Practice
Best practices for opening and closing statements
By Michael Betz, Charles Jarrell
The art of trial work is being able to be flexible given what’s going on in the courtroom.
How your mediator can help you avoid eating liver and onions
Entertainment & Sports, Alternative Dispute Resolution
‘McMillion$’ evokes nostalgia for burgers, fries and mere millionaires
By Marc D. Alexander
I have thoroughly enjoyed this fast moving and entertaining documentary about the game scandal.
Criminal
Move towards clearing records of cannabis crimes is no small feat
By Eric H. Schweitzer
This action by the Los Angeles District Attorney should serve a clarion call to others around the state to follow suit.
Labor/Employment, Civil Litigation, Alternative Dispute Resolution
Court order explains preliminary enjoinment of enforcement of Assembly Bill 51
By Thomas H. Petrides, Harrison Thorne
Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...
Government, Corporate, Civil Litigation, Administrative/Regulatory
The Granston memo: two years later
By Brian J. Hennigan, Padraic W. Foran
It is safe to say that the current presidential administration has not grown any fonder of or kinder to whistleblowers.
Tax, Securities, Civil Litigation
Blockchain’s unexpected upsurge in litigation
By Barrington Dyer
While securities fraud remains atop as the most active area for blockchain litigation — due in part to the rush towards initia...
The “conviction-and-incarceration-obsessed district attorney” is a common caricature used among “progressive prosecutors” look...
Government, Constitutional Law
Moving away from checks and balances
By Erwin Chemerinsky
The intense partisanship surrounding the Trump impeachment, and more generally around the Trump presidency, has obscured the e...
The California Court of Appeal recently examined a novel legal theory made by a Muslim husband who claimed that he was fraudul...
Although there is certainly no express exemption for big data written into the Sherman Act, determining exactly how antitrust ...
When a federal jury convicted celebrity attorney Michael Avenatti of attempted extortion last week, it sent a clear message: T...
Labor/Employment, Civil Litigation, California Supreme Court
Employers pay when employees bring their baggage to work
By Steven B. Katz, Christin Lawler
Last week, California again parted ways with federal wage and hour standards to increase protections for the Golden State’s em...
The easier, more modern system is what was envisioned after Bush-Gore
Government, Criminal
Interference in criminal sentencing is Stone-cold wrong
By Neama Rahmani
More than two centuries of independence at the U.S. Department of Justice were upended last week when political appointees, pr...
Government, Administrative/Regulatory
FCC has weak response to cellular carriers selling location data
By Anita Taff-Rice
Two years after it was widely documented that cellular carriers were selling highly precise customer location data to third pa...
If you are about to sell stock, your cash of bitcoin, your out of state real estate holdings, or settle a career lawsuit, you ...
In a complex commercial case, a trial lawyer has many ingredients to choose from. There are millions of pages of documents, do...
A unique alternative to court resolution of high-exposure, complex disputes
By Neal R. Marder, Ali R. Rabbani
Given the potential costs and the uncertainties of predicting state and federal court juries, it makes sense that many compani...
More and more trial lawyers are making use of the “mini-opening” in their cases. When done properly, the mini-opening can be a...
Law Practice
Top 10 tips for preparing and presenting your opening statement at trial
By Byron J. McLain
As you stand before a jury delivering your opening statement, the last thing you should feel is that you can’t win. Every tria...
Government, Environmental & Energy
Voluntary agreements will avoid years of disputes over Bay-Delta
By Ryan Bezerra, Jennifer Buckman
Water litigation often involves decades of conflict. Judicial and administrative litigation about the American, mainstem San J...
Labor/Employment, California Supreme Court
California's relentless effort to expand contractor 'misclassification' laws to joint employment and franchising
By Michael J. Lotito, James A. Paretti
The debate over the Supreme Court of California's 2018 Dynamex decision - in which the state's highest court adopted the so-ca...
Criminal, Constitutional Law, California Supreme Court
Courts shouldn’t punish those who can’t afford to pay fines
By Timothy D. Reuben
Does due process require an ability to pay before imposing criminal fines? Is it fundamentally unfair to impose assessments to...
Law Practice, Government, Admiralty/Maritime
The government lawyer (part 1)
By Myron Moskovitz
As a young government lawyer, It didn't take me long to learn that politics can override good policy.
Labor/Employment, Corporate
SB 826, California’s ‘woman quota’ law, is plainly unconstitutional
By Anastasia Boden, Daniel Ortner
California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...
Letters, Judges and Judiciary
Challenge to Napa County Judge Langhorne is a head scratcher
By Brenda Harbin-Forte
I have long been scratching my head over Napa County Superior Court’s contested judicial election, in which Judge Monique Lang...
Roger Stone will have his place in history, but not merely for his role as a gadfly in the president’s once-inner circle. More...
Prosecutors in the Roger Stone case lied to the attorney general about their sentencing recommendation.