Judges and lawyers alike must do their parts to cultivate and ensure the public's respect for our great system of justice. ...
Litigation
New rules to streamline trademark proceedings go into effect
By Laura Johnson
The Trademark Trial and Appeal Board, the administrative agency at the USPTO that handles trademark disputes, recently announc...
Courts should follow Florida's lead and look to the concurrent cause doctrine to resolve causation dilemmas. By Daniel A. John...
Law Practice, Law Office Management
Realistic expectations for partners and firms
By Daniel O'Rielly, Dena Roche
Recent legal news headlines suggest that most lateral partners do not meet revenue expectations at their new firms in their fi...
To comply with federal, state and local employment laws, a law firm must first understand who its employees are. That's not al...
U.S. Supreme Court, Labor/Employment
May the best act win: FAA vs. NLRA
By Eric B. Kingsley
In three consolidated class action waiver cases, the Supreme Court hosts an epic battle between the Federal Arbitration Act an...
Personal Injury & Torts
Property owners should know duties to reduce premises liability exposure
By Kimberly Wong
Property owners who take proactive measures to prevent and reduce the likelihood of injuries on their property are in the best...
The U.S. will sell no synthetic wine before its time — in this case, before complying with a panoply of regulatory hurdles. By...
Constitutional Law
Self-representation in death penalty phase raises questions
By Richard A. Hamar
If we want to know how history will judge the Dylann Roof death penalty trial in 150 years, look no further than the 2016 Man ...
Case may make it easier to beat anti-SLAPP motions
By Steven L. Crane
A recent decision may permit plaintiffs to defeat these motions by using vague, generically pleaded complaints. ...
Four prominent cases, one expected within about the next 12 months, may contain critical guidance to public and private instit...
When police are in pursuit of a suspect matching a particular description shortly after a crime has been reported, any citizen...
Data Privacy
Can banks disclose your private information in a lawsuit?
By Gary S. Ganchrow
Although bank customers possess statutory and constitutional privacy rights in their bank records, at least one district court...
Insurance, Ethics/Professional Responsibility
Duties owed by Cumis counsel to the insurer
By J. Randolph Evans, Shari L. Klevens
An attorney serving as Cumis counsel can limit the risks of a claim by the insurer by complying with statutory obliga...
Law Practice, Ethics/Professional Responsibility
An anticipated evolution of fee-sharing
By David M. Majchrzak, Heather L. Rosing
If approved, new fee-sharing agreement rules will better protect clients by requiring that informed written consents be obtain...
Allows teachers, firefighters and service workers the opportunity to live where they work and reduce their commute times. By K...
U.S. Supreme Court
Confirmation consternation, brought to you by Bork
By Hirbod Rashidi
This year marks the 30th anniversary of Judge Robert Bork's nomination to the U.S. Supreme Court. Today's broken judicial conf...
On Wednesday, the U.S. Supreme Court will hear arguments on the constitutionality of the "disparagement provision" of the Lanh...
Last week, an appellate court said California's new law prohibiting the use of grand juries in police use of force cases is un...
Suggested resolutions for the busy patent lawyer. By Karineh Khachatourian ...
Litigation
Patent litigation means teaching hypertechnical topics
By William F. Abrams
Patent litigators need to make their complicated and difficult-to-pronounce subject matter fascinating and important in order ...
Investments
Possible changes loom for foreign investment regulator
By Nancy A. Fischer
Several recent events signal possible changes to the way the Committee on Foreign Investment in the United States analyzes nat...
Civil Litigation, Administrative/Regulatory
Inside agency class actions
By Michael D. Sant'Ambrogio, Adam S. Zimmerman
Federal agencies hear more cases each year than our federal courts. But agencies routinely avoid using tools that courts rely ...
Maybe we can learn from our forefathers, whose appellate judges only accept briefs outlining facts but no legal argument and t...
Heightened judicial scrutiny of content- or speaker-based commercial speech restrictions would help ensure that such restricti...
Something is wrong with a state budget that favors cannabis regulation over cybersecurity, and an California's law enforcement...
Last week's Senate Judiciary Committee hearings on Jeff Sessions powerfully demonstrated why he should not be confirmed for at...
Early neutral evaluation is particularly suited for large attorney fee cases before discovery commences, and sometimes even be...
Trial judges everywhere know that nothing settles a case like a firm trial date — unnecessary continuances be damned. By John ...
California Courts of Appeal
State Supreme Court closes an anti-SLAPP loophole
By Adam Regele
The court said that a lack of subject matter jurisdiction over a claim does not preclude a court from granting a special motio...