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 ...
Administrative/Regulatory
These decisions will likely bring most SEC administrative proceedings to a screeching halt, at least in the Fifth Circuit.
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.
Law Practice, Family, Appellate Practice
The transgender child custody discussion
Before we can talk about custody issues regarding transgender children, we must understand the important and complicated conce...
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...
Technology, Government, Civil Litigation
Self driving car expectations on a collision course
While other automakers have had lawyers draw up dreamy names to call attention to the fact that the car won’t drive itself, Te...
U.S. Supreme Court, Constitutional Law
The lessons of the leak in Dobbs
How should the leak figure into law school teaching? Perhaps this dramatic departure from accepted norms presents an important...
Civil Litigation
What’s in a name?
As has been observed by commentators, the distinction between use of a name or logo in these types of situations as either hea...
International Law
Given California’s economic prowess in key sectors – agriculture, healthcare, technology and a high-priced housing market – th...
Health Care & Hospital Law, 9th U.S. Circuit Court of Appeals
If the Wit decision is allowed to stand, it will set a terrible precedent for other health care insurers throughout the United...
Entertainment & Sports, Criminal
The saga conjures a world in which wealth and warrior prowess – what we consider the hallmarks of a successful Viking chief – ...
Data Privacy, Civil Litigation
CPRA Series: Part V - Litigation and Enforcement
In this fifth and final installment of our series on the CPRA, we provide an overview of expected enforcement activity, both b...
U.S. Supreme Court
Why now does it seem like the fall of SCOTUS?
The further irony here is the historical conduct of Thomas as a member of this bench: Maintaining a low public profile, almost...
Government, Environmental & Energy, Administrative/Regulatory
EPA has granted waivers to California nearly continuously since the Clean Air Act was enacted in 1970. If the waiver provision...
Law Practice, Data Privacy, Appellate Practice
CPRA Series: Part IV - Data Processing Obligations
Businesses that are heavily reliant on automated decision-making technologies may want to consider adjusting their processes t...
Antitrust & Trade Reg.
The franchise industry has been a particular target of state administrative actions and employee lawsuits because of franchise...
Law Practice, Labor/Employment, Appellate Practice
Beyond the dollar settlement itself, a trauma-informed mediation will include the opportunity for both employer and employee t...
Immigration
A Nicaraguan asylum seeker who had been returned to Mexico with another asylum seeker I interviewed paid $3,000 to a person in...
Law Practice, Appellate Practice
A review of Sexual Justice by Alexandra Brodsky
The controversy about the Department of Education’s guidance is somewhat different in that the due process deficits were not o...
Insurance
Multiple liability policies and who pays first
Some carriers have taken the position that where multiple policies are implicated, the insured must satisfy all the deductible...
Government, Antitrust & Trade Reg.
Antitrust Division ratchets up leniency requirements
Whether these changes ultimately bolster or hinder the Antitrust Division’s efforts to detect and prosecute criminal cartels r...
U.S. Supreme Court, Judges and Judiciary
The more the conservative movement turns its back on stare decisis, the more our entire system of governance becomes a struggl...
Judges and Judiciary, California Courts of Appeal
Calling out the Chief Justice
The Chief Justice has failed in her constitutional and ethical duties to ensure the timely adjudication of appeals in the 3rd ...
Intellectual Property, Antitrust & Trade Reg.
Those seeking to cancel a trademark application in federal court should thus craft their allegations to establish a nexus betw...