Government, Antitrust & Trade Reg.
Antitrust Division ratchets up leniency requirements
By Henry J. Hauser, Jon B. Jacobs
Whether these changes ultimately bolster or hinder the Antitrust Division’s efforts to detect and prosecute criminal cartels r...
U.S. Supreme Court, Judges and Judiciary, Ethics/Professional Responsibility
When dogs catch cars: The conservative undoing of stare decisis
By Daniel B. Lifschitz
The more the conservative movement turns its back on stare decisis, the more our entire system of governance becomes a struggl...
Judges and Judiciary, Appellate Practice
Biting the hand that feeds me. Part 3: The appearance of justice
By Myron Moskovitz
Some appellate courts show counsel their tentative opinion before oral argument -- allowing lawyers to discuss the tentative w...
Letters
Judge Gloria White-Brown says she has not decided if or when she plans to retire
By Gloria L. White-Brown
In short, the State Bar wastes a lot of time and money creating tasks forces to “study” Mandatory Malpractice Insurance, Parap...
Judges and Judiciary, Ethics/Professional Responsibility, California Courts of Appeal
Calling out the Chief Justice
By Jon B. Eisenberg
The Chief Justice has failed in her constitutional and ethical duties to ensure the timely adjudication of appeals in the 3rd ...
Law Practice, Civil Rights, Appellate Practice
“Nails” v. “Sweet & Low” and 4th Amendment probable cause
By Gary Schons
But what this “analogy” ignores is that a half a pound (of illegal) drugs amounts to approximately 226 grams. That’s enough Sw...
Law Practice, Appellate Practice
Selecting and Managing Your Expert Witnesses
By Philip Simmons
Unfortunately, not all cases have sufficient damages to justify a comprehensive expert team, but when the litigation and clien...
Intellectual Property, Antitrust & Trade Reg.
Trademark applications and the murky waters of subject matter jurisdiction
By Zac Cohen, David Martinez
Those seeking to cancel a trademark application in federal court should thus craft their allegations to establish a nexus betw...
Entertainment & Sports
Stream it Tonight! Frisco Jenny (1932)
By Paul Bergman, Michael Asimow
The Code would have prohibited all of the candid material about prostitution in Frisco Jenny. But movies released between 1930...
Labor/Employment, Contracts
Model behavior?
By Caroline P. Donelan, Natalie R. Alameddine
Most of the time, these individuals have been fully paid for their services through their agency, but nonetheless file claims ...
Ethics/Professional Responsibility
Attorneys and judges are not shielded from their prejudices
By Mark B. Baer
Torts/Personal Injury, Health Care & Hospital Law
The myth of frivolous medical malpractice cases
By Reza Torkzadeh, Allen P. Wilkinson
The truth is that insurance companies do not settle frivolous medical malpractice cases and will take them all the way to trial.
Litigation & Arbitration
A playbook for arbitration agreements that could cost companies arbitration altogether
By Kelsey Constantin, Spencer J. Pahlke
Though the Court ruled in favor of the plaintiffs, the discussion of arbitrability is a playbook for institutions in drafting ...
Data Privacy
CPRA series: Part III - Notice and disclosure obligations
By Ron Raether, Kim Phan
It remains to be seen when the California Privacy Rights Act of 2020 will be finalized, including when businesses will be requ...
The right to face-to-face confrontation is viewed as a second-tier Confrontation Clause right. Although it furthers “‘the core...
Law Practice, Appellate Practice
Can you accept a Rule 68 offer after a judge dismisses your case?
By Denise Madigan
Can a party still accept the offer and effectively nullify the judge’s decision? Nothing in the language of Rule 68 specifical...
One of the President’s proposals is to tax long term capital gains and qualified dividends as ordinary income if your taxable ...
A recent story suggested that Elon Musk may have paid a portion of Amber Heard’s pledged ACLU donations. That hearkens back to...
Legal Education
Clarifying the historical record in the spirit of truth and healing may not remove the Hastings name
By Kris Whitten
UC Hastings College of the Law is seeking to change its name on account of media stories starting in 2017 alleging “genocide” ...
U.S. Supreme Court, Ethics/Professional Responsibility
Is SCOTUS still “supreme?”
By A. Marco Turk
Apparently these candidates for confirmation were so excited about the prospect of appointment to the highest court in the lan...
Litigation & Arbitration
“One and done” emergency arbitrators and arbitral injunctions – still an issue of first impression.
By Jerold Fagelbaum
Unlike arbitrators who may issue interim, partial and final awards over the course of an arbitration, emergency arbitrators ar...
Law Practice, Family, Appellate Practice
Community property: a brief history
By Scott J. Nord
In a famous letter written by Abigail Adams to her husband, John Adams, she wrote, “I long to hear that you have declared an i...
Government, Constitutional Law
Christian flag case eschews bright line test for “government speech”
By Dennis S. Zell
“This approach allows governments to exploit public expectations to mask censorship.” - Justice Samuel Alito
Law Practice, Appellate Practice
How to pick the best malpractice policy for your firm
By Alanna G. Clair
It is well accepted that defense costs for malpractice claims are among the most expensive type of litigation, largely due to ...
Torts/Personal Injury, Labor/Employment, Civil Litigation
State’s high court should find employer duty to workers’ families
By V. James DeSimone
When a public health emergency, such as the COVID pandemic, increases the risk to employees, companies should be held to an ev...