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Civil Rights, Constitutional Law

Dave Mullins and Charlie Craig walked into a bakery for a wedding cake. Jack Phillips, owner of Masterpiece Cakeshop, then wal...


Corporate, Intellectual Property

The reality is that for most employees at most companies, a sale of the company may mean a new car or a down payment on a new ...



Franchisors will need to adjust their methods when accounting for franchise fees either this year or next, depending on whethe...


Mergers & Acquisitions, Securities, Corporate

Once a company has determined an IPO is the right choice for them and have implemented the necessary steps to prepare for beco...



Civil Litigation, Intellectual Property, 9th U.S. Circuit Court of Appeals

The 9th Circuit recently held that "verb use [of a trademark] does not necessarily constitute generic use."


Constitutional Law, U.S. Supreme Court

The "disparagement clause" in Section 2 of the Lanham Act violates "bedrock" First Amendment principles and is therefore facia...



Construction, Probate, Real Estate

Since 1970, California law has granted California residents substantial protection for their assets from legal claims of credi...


Administrative/Regulatory, Environmental & Energy

The approximately 31 percent proposed cut from current spending levels is a staggering figure for any institution, public or p...



U.S. Supreme Court, Constitutional Law

Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...


U.S. Supreme Court, Constitutional Law

If the U.S. Supreme Court defined privacy in terms of what protects our personhood, it would obviate an inquiry into the wheth...



Constitutional Law, U.S. Supreme Court

A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...


After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...



Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...


Environmental & Energy, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals

Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...



A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


U.S. Supreme Court, Constitutional Law

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...



Constitutional Law, Criminal

Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...


Law Office Management

Concise arguments may be made using the (oft-ignored) parenthetical. ...



Law Office Management

The Urge to Exclaim

Sep. 2, 2014

In legal writing, don't give in to the urge to exclaim. ...


Law Office Management

Your Own Style

Aug. 2, 2014

Even in legal writing, find your own style to create compelling communication. ...



Constitutional Law, Books

Erwin Chemerinsky is impressed and disturbed by Richard Epstein's The Classic Liberal Constitution. ...


Law Office Management

The U.S. Supreme Court's docket has been filled with blockbuster cases in recent years. Will the upcoming term continue that t...



Books, Constitutional Law

The Great Dissent

Aug. 2, 2013

Erwin Chemerinsky reviews The Great Dissent: How Oliver Wendell Holmes Changed His Mind - and Changed the History of Free S...


Alternative Dispute Resolution

Ready, Aim, Mediate

Apr. 2, 2013

Tips on how to have a successful mediation. ...



Law Office Management

Erwin Chemerinsky discusses what should we look for at the gay marriage oral argument at the U.S. Supreme Court in which advoc...


Civil Litigation

The doctrine of "minimum contacts" takes on a new dimension when applied to a defendant who does business only over the Intern...



Law Office Management

Cases on the U.S. Supreme Court's upcoming docket look to be as significant as those on last term's. ...


Don't be fooled - a public reproval for attorney misconduct can tarnish your image and hurt your business. ...



Know thy adversary - what the State Bar considers when deciding to close an inquiry or investigation. ...


Measures lawyers should take to secure client consent of the fee agreement. ...