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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 ...



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

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.


Law Practice, Family, Appellate Practice

Before we can talk about custody issues regarding transgender children, we must understand the important and complicated conce...



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...


Technology, Government, Civil Litigation

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

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?

May 27, 2022

As has been observed by commentators, the distinction between use of a name or logo in these types of situations as either hea...



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

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

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

Businesses that are heavily reliant on automated decision-making technologies may want to consider adjusting their processes t...


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...


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

The controversy about the Department of Education’s guidance is somewhat different in that the due process deficits were not o...


Some carriers have taken the position that where multiple policies are implicated, the insured must satisfy all the deductible...



Government, Antitrust & Trade Reg.

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

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...