Contracts
Contract recitals: What’s in a whereas clause?
The next time you are negotiating and reviewing contracts, remember the whereas clauses. Those sentences that begin with old, ...
Military Law, Government
Food insecurity in military families
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...
U.S. Supreme Court
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...
Civil Rights
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
Viking River cruises through oral argument
Nothing happened in the argument to suggest that the predictable majority has evaporated. Overall, the justices in the predict...
U.S. Supreme Court
Ginni Thomas’ words and actions have caused some academic and other commentators to find that Justice Thomas should have recus...
U.S. Supreme Court
Clarence, Ginni and the Court Unbound by Ethics Rules
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...
Criminal
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
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
‘Made in America’ should mean ‘Made with Dignity’
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
Major questions about the major questions doctrine
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
Biased about being biased
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
When you win and you don’t
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 ...
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
Allegations of institutionalized racism at the VA
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 ...