Should law partners be subject to payroll taxes in the same way as employee wages? The question itself may sound like heresy -...

In a case to be argued Tuesday, the justices can't avoid the main issue as they did in the challenge to California's Propositi...

Whenever you disagree with the IRS, procedure is important. ...

Directors and officers are increasingly facing new prospects for shareholder derivative lawsuits related to data breaches. By ...

The Video Privacy Protection Act was enacted when VCRs were still the rage. So courts are grappling with how to apply it in th...

The standards for setting aside a default judgment under state and federal laws are not the same, and a recent case shifts in ...

Some women who have suffered miscarriages or stillbirths are being sentenced to lengthy prison terms, and are being housed in ...

The California courts and the voters have together given life to the California Constitution in a way that has spawned a few c...

I was again amazed at the lack of intellectual integrity demonstrated by those determined to disarm law abiding citizens. ...

Recent decisions revising the standard for obtaining attorney fees in patent cases have cast doubt on the Federal Circuit's st...

Professor Shaun Martin of the University of San Diego maintains a law blog, and a Court of Appeal recently cleared him of a de...

With the support of the Obama administration, legislative solutions that have been proposed would give additional tools to the...

State Courts of Appeal and even the state Supreme Court itself in various opinions are inconsistent in their approach to polic...

One of the most significant turning points in American history occurred 150 years ago today on April 15, 1865: the assassinati...

A recent Court of Appeal decision provides guidance on what courts may consider in deciding custody cases. By Claudia Ribet ...

Years of relentless litigation by the copyright industry has created a number of cracks in the Digital Millennium Copyright Ac...

Through several recent and pending cases, the 9th Circuit has the chance to play a key leadership role in the development of t...

Those who attacked judicial independence attacked the foundation of our freedoms. By the founding and current board of the Ora...

The U.S. Supreme Court's five-page opinion in a recent case may spawn further litigation that will command great public attent...

Contrary to what many lawyers believe, most mediators, and I'm among them, look forward to receiving mediation briefs and gene...

I used to think malpractice cases filed in pro per were an aberration. But something has changed. By Kenneth C. Feldman ...

A case before the 9th Circuit could be the death knell for small-dollar consumer class actions. ...

In 2014, the state high court began losing its will to maneuver over the terrain of FAA jurisprudence with the U.S. high court...

The SEC just announced a settlement in an action that sets an alarming precedent for companies seeking to maintain the confide...

The Internet of Things will provide manufacturers the opportunity to sell their products in a more personalized way.

A few apparent facts can be deceptive, and lead us to unwarranted conclusions. With this in mind, courts can establish precede...

In cases involving private international law, U.S. courts should apply U.S. res judicata law.

A recent Court of Appeal decision, on whether the attorney-clienty privilege applies when lawyers speak with their firm's "in-...

Lawyers often think they are adding useful information, but they don't realize that they are also subtracting from what counts...

A recent case creates confusion as to when a court will sever a provision that is clearly unconscionable versus finding the en...