It is not uncommon for lawyers to lament the moment that a jury trial becomes a “battle of the experts” — years of work develo...

Examine the pitfalls in drafting an enforceable arbitration clause after Lamps Plus v. Varela

As we start the new year, here is a checklist for your case negotiations. Since 98% of all cases filed do not proceed to trial...

Almost three years after Equifax belatedly announced it had suffered one of the largest data breaches in history, litigation i...

I was a deputy public defender for four years before I became a career (31-year) deputy district attorney. I believe in the va...

The FISC should have applied the same standard for its amicus appointment as for the judges themselves, or that of an appearan...

While compared to some years in the past, 2019 was not a “big” year in terms of the overall number of California developments ...

Earlier this month the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act was signed into law. TRA...

In a recent ruling, a unanimous panel upheld summary judgment for the defendants. The court found probable cause, reasonable s...

What to expect and how to prepare.

A California Court of Appeal decision has dealt a significant blow to law firms seeking to force women lawyers to arbitrate cl...

The en banc court's Jan. 17 message to the plaintiffs in Juliana v. United States, was clear: You're right about your constitu...

A while back, I dabbled in writing screenplays. One of the books on how to write a script said something that has stuck with m...

This will cause a major disruption to the legal system that relies on the availability of interpreters to communicate with cli...

Three consolidated cases are the latest cases related to the Affordable Care Act to make their way to the Supreme Court. Last ...

Recognizing the sea change in information technology in the 21st century, Congress is finally beginning to consider in earnest...

Despite resolving what it described as narrow anti-SLAPP questions, the opinion has implications for summary judgment. In Swee...

In view of the increasingly fractured political climate providing more opportunities for expressions of displeasure with the j...

Legal profession surveys consistently show a persistent, systemic inclusivity problem: at 70% male and 88% white it is one of ...

The IRS taxes all income, whether in cash or in kind. Lottery winnings? Taxed. Gambling winnings? Taxed. Crypto? Yes, it’s tax...

On Wednesday, Virginia became the 38th state to ratify the amendment, pushing it over the three-quarters of states constitutio...

It is almost impossible to obtain a large jury verdict in an employment case outside the United States, and there are few plac...

In an opinion issued on Tuesday, the Supreme Court addressed “the finality of, and therefore the time allowed for appeal from...

The regulatory focus must not be on hypothetical conundrums such as hyper-technical and uber-esoteric debates over the “proper...

The First Step Act was a very promising piece of legislation for criminal justice reform when it was signed into law by Presid...

Several recent articles in the Daily Journal have reported serious problems with the State Bar of California’s statistical rep...

Everyone seems to be making lists about what occurred in the last decade, so what about the Supreme Court over the last 10 yea...

Late last year, the California Legislature enacted and Gov. Gavin Newsom signed into law an anti-arbitration statute that masq...

Ever the opportunist, candidate George Gascón is continuing his disinformation campaign with the hope of winning over progress...

As litigators we are aware of the vagaries and unforeseeable pitfalls involved in taking a case to court. Knowing the unpredic...