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Government, Civil Rights

There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...


It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.



The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...



International Law, Alternative Dispute Resolution

International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...



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

The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...


Labor/Employment

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

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

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


U.S. Supreme Court, Constitutional Law



Law Practice, 9th U.S. Circuit Court of Appeals

My criminal practice causes me to appear in court almost every day. Those experiences have led me to believe that judges and l...


While this is being touted as a major victory for employers. It is not that. The Court makes clear that the State may deputize...



The challenge now is one of stemming the tide and reversing the growing public perception that SCOTUS no longer commands respe...


Mergers & Acquisitions

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

Egbert is disheartening because the court returns to its peculiar tradition of selectively shaving and trimming rights and rem...


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

Jun. 7, 2022

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

The 4th District affirming the agreement between San Diego and private lawyers may encourage more public-private partnerships ...


A “non-exam pathway” would undoubtedly allow many students to obtain licensure who are not minimally competent. Internship pro...



Judges and Judiciary, Government

To combat misconceptions about our courts and return the public’s trust in the judiciary, it is essential for the entire legal...


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


Technology, Intellectual Property, Constitutional Law

The public debate around free expression and censorship ramped up when COVID skeptics, election deniers and conspiracy theoris...



Technology, Law Practice

Keeping up with changes in the law practice, including law tech’s benefits and risks, makes good business sense.


Securities, Mergers & Acquisitions

The volatile capital markets make M&A a more likely path for companies who are unable to raise capital or execute other ty...