The testimony of even the most well-prepared witness may prove useless – or worse, problematic – unless the advocate listens a...
Some lawyers make the mistake of focusing their entire trial preparation on the jury, and make the mistake of forgetting the j...
Law Practice, Government, 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...
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...
Environmental & Energy, Constitutional Law
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...
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...
Securities, Banking
With the stablecoin meltdown of early May, and the recent collapses of cryptocurrency hedge funds like Three Arrows Capital, t...
The time for the plaintiff in Sanchez to fish or cut bait on admissible evidence should have come later - when and if t...
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 ...
Insurance, Health Care & Hospital Law
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....
Government, Civil Rights
When a local official provokes the ire of fellow members, rather, the only remedy is some form of public reproval. Historicall...
Former California Chief Justice Rose Elizabeth Bird was many things. One thing she was not: recalled.
Attorney general of Texas has threatened the law firm of Sidley and Austin with criminal prosecution for paying expenses assoc...
Family, Civil Litigation
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...
In September 2019 - about the same time that the Covid epidemic began in China, the Centers for Disease Control (CDC) publishe...
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
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.
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.
California Courts of Appeal
The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...