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Civil Litigation, Ediscovery

SB 1149 forbids protective orders and confidential settlement agreements in any litigation involving alleged product defects o...


Litigation & Arbitration

The testimony of even the most well-prepared witness may prove useless – or worse, problematic – unless the advocate listens a...



Law Practice, Appellate Practice

Some lawyers make the mistake of focusing their entire trial preparation on the jury, and make the mistake of forgetting the j...


Government, Law Practice, Appellate Practice

One of the extreme threats not only to our economy but to our physical safety is our return to dependence upon some pretty dan...



Technology, Judges and Judiciary, International Law

Unlike your country, which has been slow to accept the gifts of big data and artificial intelligence (I still smart at that us...


Whether a defect is trivial or not is determined by looking at all of the facts of the particular case.



The time is ripe for courts to take a new look at jurisdictional issues involving national corporations. The business landscap...


Constitutional Law, Environmental & Energy

The Framers knew that divisions of power between governments and their branches would promote individual liberty and they thus...



The Racial Justice Act and Young's broad interpretation force courts to squarely address racial bias in the system, and...


Law Practice, Appellate Practice

Great Workout Arthur

Aug. 1, 2022

Because he failed to notify the court that held the probation violation hearing of defendant’s imprisonment within 30 days aft...



There have been several lawsuits involving the use or storage of biometric information which have resulted in multi-million do...


With the stablecoin meltdown of early May, and the recent collapses of cryptocurrency hedge funds like Three Arrows Capital, t...



Law Practice, Appellate Practice

The time for the plaintiff in Sanchez to fish or cut bait on admissible evidence should have come later - when and if t...


Law Practice, Appellate Practice

The discharge and substitution of jurors rests within the sound discretion of the trial court. The decisions are reviewed on a...



A shelf can facilitate several different types of offerings including at-the-market offerings, equity lines of credits, block ...


Health Care & Hospital Law, Insurance

The Second Appellate District's recent decision in Marina Pacific Hotel & Suites, LLC v. Fireman's Fund Insurance Co., No....



When a local official provokes the ire of fellow members, rather, the only remedy is some form of public reproval. Historicall...


Judges and Judiciary

Former California Chief Justice Rose Elizabeth Bird was many things. One thing she was not: recalled.



Law Practice, Government

Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...


Pinpointing the date of separation is a highly fact-based process that requires a court to consider the parties’ expressed int...



Abusers have been known to try to interfere with their victims’ use of contraception, access to information, or have used coer...



Confidentiality provisions are increasingly common in personal injury cases. Plaintiffs’ lawyers must take precautions to prot...


Environmental & Energy, California Courts of Appeal

Litigation is not a solution to address the broadest public policy challenges, and in the end, it is the lawyers who end up wi...



U.S. Supreme Court, Environmental & Energy

After West Virginia v. EPA, the Biden Administration’s plans to tackle the climate crisis will likely (and necessarily) extend...


Unlike a sports agent who preserves communications with and about a specific client, leagues face countless limitations and re...



Law Practice, Covid Columns, Appellate Practice

At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.


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 –...