Government, Civil Rights
Expanding speech rights of government employees
There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...
Legal Education
John Fremont’s California crimes and misdemeanors
It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.
California Courts of Appeal
The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...
U.S. Supreme Court, Constitutional Law
International Law, Alternative Dispute Resolution
International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...
Government
Government
Disbarment proceedings should commence immediately
To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...
Military Law, Health Care & Hospital Law, Government
Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...
U.S. Supreme Court, Education Law, Civil Rights
Pay to Pray or Pray to Play?
The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...
Labor/Employment
Viking River Cruises to easy victory
Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...
Insurance, Data Privacy
Third-party email fraud covered by insurance policies
Three recent cases have affirmed coverage where a vendor has been impersonated and as a result the company sustained a loss.
U.S. Supreme Court, Government
What the Jan. 6 Committee should ask Ginni Thomas
Ginni is not a justice, of course, but this saga presents a test for the Supreme Court. Do these ceaseless revelations spur Ch...
U.S. Supreme Court, California Supreme Court
The secret to SCOCA’s consensus
U.S. Supreme Court, Constitutional Law
Law Practice, 9th U.S. Circuit Court of Appeals
Attorney Oath is more than a ritual
My criminal practice causes me to appear in court almost every day. Those experiences have led me to believe that judges and l...
Labor/Employment
While this is being touted as a major victory for employers. It is not that. The Court makes clear that the State may deputize...
U.S. Supreme Court
A sensible Supreme Court is facing threats from within
The challenge now is one of stemming the tide and reversing the growing public perception that SCOTUS no longer commands respe...
Mergers & Acquisitions
de-SPAC mergers facing increased scrutiny
Over the last year and a half we have seen an increased volume of complaints filed against SPAC boards in the Delaware Court o...
U.S. Supreme Court, Government, Civil Rights
Recent Egbert decision allows misconduct to fester
Egbert is disheartening because the court returns to its peculiar tradition of selectively shaving and trimming rights and rem...
Ediscovery
The need for mediation in e-discovery – the way forward
Through the mediation of e-discovery issues, litigants can help address outsized litigation costs, curtail the time and costs ...
Litigation & Arbitration, Law Practice, Appellate Practice
In my view, it is a mistake bordering on malpractice for the respondent’s counsel to put off the opening statement.
Law Practice, Appellate Practice
Dressed to deceive
Dressing a client to mislead a jury? It’s time to call it what it is - rank deception - and somehow put some limits on it.
Law Practice, Civil Litigation
Attorney public/private partnerships receive a boost
The 4th District affirming the agreement between San Diego and private lawyers may encourage more public-private partnerships ...
State Bar & Bar Associations, Legal Education
A “non-exam pathway” would undoubtedly allow many students to obtain licensure who are not minimally competent. Internship pro...
Judges and Judiciary, Government
Connecting California to the Courts
To combat misconceptions about our courts and return the public’s trust in the judiciary, it is essential for the entire legal...
Law Practice, Judges and Judiciary
To my ear the tone was tinged with derision. I tried to shrink my slight, elderly frame into the grain of my big leather chair...
Law Practice
Ego and insecurity hinder diversity
Technology, Intellectual Property, Constitutional Law
Twitter could become a safe haven for cyberbullies
The public debate around free expression and censorship ramped up when COVID skeptics, election deniers and conspiracy theoris...
Technology, Law Practice
Grumpy old guy finally bows to technology
Keeping up with changes in the law practice, including law tech’s benefits and risks, makes good business sense.
Securities, Mergers & Acquisitions
M&A dry powder will drive spending spree
The volatile capital markets make M&A a more likely path for companies who are unable to raise capital or execute other ty...