A recent Delaware Court of Chancery decision serves as a good reminder regarding best practices and current laws when Californ...
Criminal, 9th U.S. Circuit Court of Appeals, U.S. Supreme Court, Constitutional Law
Beginning to see the light
Some things cannot be unseen. Last term, the U.S. Supreme Court held that judges could -- and, indeed, must -- open their eyes...
Transportation, Administrative/Regulatory, Corporate
Our auto recall system is seriously broken
Last week, Nissan added its name to a long list of automotive manufacturers who have been ensnared in public controversy over ...
Law Practice, Civil Litigation, Judges and Judiciary
Memo to the bench: civil jury selection is different
California judges presiding over civil trials often restrict jury selection in contravention of the law pertaining to this cri...
Government, Administrative/Regulatory, Securities
SEC goes after its first initial coin offering
On Sept. 29, the SEC issued its first civil complaint against two companies and their founder for violating anti-fraud and re...
Labor/Employment, U.S. Supreme Court, Civil Litigation, Corporate
Yellow dog contracts, ‘jiggery-pokery’ and the FAA
As Justice Breyer intimated, a Supreme Court decision allowing employer prohibitions on employee class actions would "overturn...
Corporate, Civil Litigation, Law Practice
One-stop shop for business and commercial litigation
Wouldn't it be nice to have everything one needs to know collected in one place? Enter "Business and Commercial Litigation in...
Government, Administrative/Regulatory, Transportation
A federal judge recently held that portions of the city of Newton, Massachusetts's ordinance attempting to regulate unmanned a...
Contracting parties might agree to a forum selection clause for any number of reasons: to ensure favorable legal precedent, to...
Labor/Employment, Constitutional Law, U.S. Supreme Court, Government
Time to overrule Abood
The U.S. Supreme Court described laws that empower unions to coerce funds from non-union members as an “extraordinary state en...
There is a cost to be paid for the myriad benefits society derives from the use of algorithms. An occasional “date from hell,”...
Constitutional Law, U.S. Supreme Court, Civil Rights
Another take on Cake at the US high court
So here’s where we are in Masterpiece Cakeshop: The lineup of eight of the justices is pretty clear, 4-to-4.
Administrative/Regulatory, Government, California Supreme Court
A city manager’s personal cellphone buzzes in the early morning hours with notice of a string of urgent texts advising about t...
Administrative/Regulatory, Securities, Government, Corporate
SEC announces creation of new ‘Cyber Unit’
Chairman Jay Clayton of the U.S. Securities and Exchange Commission has reaffirmed that “[c]ybersecurity is an area that is vi...
The justices should take up U.S. v. Nosal to clarify the scope of the Computer Fraud and Abuse Act -- the statute was intended...
Constitutional Law, California Supreme Court
Carpenter v. United States implicates what is known as the third-party doctrine, under which any information voluntarily provi...
Over the summer, Oregon federal public defenders asked the U.S. Supreme Court to review Mohamud v. United States, a terrorism ...
Real Estate/Development
A primer on how the attorney-client privilege functions in the realm of trust administration. By Benjamin D. Fox
Two recent amendments have important practical implications for private corporations and create a framework for significant ch...
When a class action litigant seeks to discover contact information for a third party--often with respect to potential class me...
At a recent business lunch, I was surprised to hear that many attendees (most of whom are practicing attorneys) pay their chil...
Government, Tax, Civil Litigation, California Supreme Court, California Courts of Appeal
It just got easier to pass local taxes
Time will tell what a recent state high court decision means for local taxation. But it appears to make it easier to pass loca...
Intellectual Property, Corporate
Choosing the right name for your company from a branding perspective is important. Equally important, however, is avoiding a n...
Transportation, Administrative/Regulatory
While fully autonomous “level 5” vehicles are still some time out, scores of automakers are already introducing level 2 (parti...
Civil Litigation, Alternative Dispute Resolution
Navigating Riverside’s complex departments
For years, complex civil matters in Riverside County were somewhat randomly distributed to departments throughout the county.
U.S. Supreme Court, Constitutional Law, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
Saving fishers from California’s discrimination
The U.S. Supreme Court has a chance to set things right by granting certiorari in a case involving California’s commercial fis...
Securities, Civil Litigation, Administrative/Regulatory
Life sciences companies under attack by plaintiffs' bar
According to Cornerstone Research, at midyear the number of filings against pharmaceutical companies already had eclipsed the ...
Many see the blockchain as the wild west of today’s technology sector due to its disruptive potential. As a result, developers...
As a practicing city attorney, I sit through many hours of public meetings. I’ve probably seen just about everything from the ...
There a several reasons for each of us in legal education and in the profession to broaden our own perspectives and evaluation...