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
Trial prep in 16 “easy” steps
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
Top twelve approaches for a better America
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
Stochastic Gradient Descent
Unlike your country, which has been slow to accept the gifts of big data and artificial intelligence (I still smart at that us...
Land Use
No liability for trivial defects in sidewalks
Whether a defect is trivial or not is determined by looking at all of the facts of the particular case.
Civil Litigation
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...
Law Practice, Appellate Practice
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
Because he failed to notify the court that held the probation violation hearing of defendant’s imprisonment within 30 days aft...
Insurance
There have been several lawsuits involving the use or storage of biometric information which have resulted in multi-million do...
Securities, Banking
With the stablecoin meltdown of early May, and the recent collapses of cryptocurrency hedge funds like Three Arrows Capital, t...
Law Practice, Appellate Practice
Anti-SLAPP motions and hearsay
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
Mistrials and Good Cause to Excuse Jurors
The discharge and substitution of jurors rests within the sound discretion of the trial court. The decisions are reviewed on a...
Securities
Filing an S-3: Preparing for an open market window
A shelf can facilitate several different types of offerings including at-the-market offerings, equity lines of credits, block ...
Health Care & Hospital Law, Insurance
A welcome return to facts in COVID-19 insurance cases
The Second Appellate District's recent decision in Marina Pacific Hotel & Suites, LLC v. Fireman's Fund Insurance Co., No....
Civil Rights, Government
When a local official provokes the ire of fellow members, rather, the only remedy is some form of public reproval. Historicall...
Judges and Judiciary
Rose Bird was not recalled
Former California Chief Justice Rose Elizabeth Bird was many things. One thing she was not: recalled.
Law Practice, Government
An attack on one of us is an attack on all of us
Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...
Civil Litigation, Family
Pinpointing the date of separation is a highly fact-based process that requires a court to consider the parties’ expressed int...
Constitutional Law
Abusers have been known to try to interfere with their victims’ use of contraception, access to information, or have used coer...
Constitutional Law, Civil Rights
Tax, Litigation & Arbitration
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...
Ediscovery
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
How I learned to stop worrying and love the pandemic
At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.
Government, Civil Rights
Expanding speech rights of government employees
There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...
Legal Education
John Fremont’s California crimes and misdemeanors
It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.
California Courts of Appeal
The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...