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The next time you are negotiating and reviewing contracts, remember the whereas clauses. Those sentences that begin with old, ...


Military Law, Government

Besides the embarrassment and humiliation involved in disclosing the family was hungry, the service member was required to get...



Litigation & Arbitration, Civil Litigation

Any comparison to three-dimensional chess, however, is insufficient by itself to illuminate the nearly unlimited facets of pro...


It is inconceivable but true that SCOTUS is the only judicial entity in the land that does not have a binding set of ethics co...



In the age of social media, one’s words can take on a life of their own, regardless of disciplinary consequences and First Ame...


U.S. Supreme Court, Litigation & Arbitration, Labor/Employment

Nothing happened in the argument to suggest that the predictable majority has evaporated. Overall, the justices in the predict...



Ginni Thomas’ words and actions have caused some academic and other commentators to find that Justice Thomas should have recus...


The question remains: what are Justice Thomas’ ethical obligations now and into the future should another election or Jan. 6 c...



Legal Education, Environmental & Energy

Before we undermine the integrity of our state’s environmental protection system, we should do a reality check on the UC Berke...


Alternative Dispute Resolution

Had Vince Lombardi coached mediators and not football players, his famous proverb might sound something like this: “Great comm...



Insurance, Civil Litigation, California Supreme Court

On March 10, the California Supreme Court announced that it has declined to weigh in — for now — on the biggest brewing insura...


For countless law enforcement agencies, the scope of disclosures they are legally required to make often turns on what constit...



Consumer Law, California Supreme Court, California Courts of Appeal

Subrogation is commonly described as a legal device that allows one person to "step into the shoes" of another in relation to ...


Law Practice

How to fire a client

Mar. 16, 2022

This has probably never happened to you: The facts turn out to be very different than initially relayed by your client. Or a c...



California Supreme Court, Banking

In a landmark decision sure to have a significant impact on the real estate banking industry, the California Supreme Court dec...


Labor/Employment, Government

We need political willpower and cooperation among officials to hold bad actors accountable for wage theft in L.A.



U.S. Supreme Court, Government, Constitutional Law

Don’t miss the broader legal significance of the Supreme Court’s vaccine-or-test cases.


Securities, Law Practice, Civil Litigation

As we enter the third month of 2022 amid swirling uncertainty in many aspects of professional and personal life, legal practit...



Law Practice, Judges and Judiciary

While my colleagues and I strongly support education and awareness to heighten our sensitivity to implicit bias, I cannot help...


Military Law, Labor/Employment, Criminal

What led up to recent executive order making sexual harassment an offense under the Uniform Code of Military Justice?



Almost immediately after the filing of a new complaint or a decision on a dispositive motion, attorneys may receive a call fro...


State Bar & Bar Associations, Government

How do we hold attorneys accountable for alleged misconduct that is not a matter of shortchanging clients, but rather an effor...



Intellectual Property, Civil Litigation

As part of its fair use analysis, the district court opined that Corellium’s use was transformative: Its product did not merel...


Criminal, Constitutional Law

A few weeks ago in the California Court of Appeal, Arthur Lange tried to get the benefit of the exclusionary rule. As defendan...



U.S. Supreme Court, Land Use, Constitutional Law

This is the story of a California couple caught in the cross-hairs of environmental bureaucracy bent on revenge for the crime ...


International Law, Corporate

While the U.S. government has made some recognition of its of policy regarding China, it’s important to ask whether corporate ...



Military Law, Health Care & Hospital Law, Civil Litigation

I cannot say I was surprised when I read a complaint filed last July in Connecticut federal district court on behalf of Black ...


Labor/Employment, Civil Litigation, California Supreme Court

In a recent decision, the California Supreme Court rejected a line of cases that required plaintiff-employees to satisfy the t...



U.S. Supreme Court, Administrative/Regulatory

On Monday, the U.S. Supreme Court granted certiorari in Axon Enterprise, Inc. v. Federal Trade Commission to decide whether fe...


Administrative/Regulatory

Californians often take for granted that our consumer protections are muscular and new chemical dangers are addressed with an ...