We lawyers spend a good chunk of our waking hours writing stuff. We write briefs, letters, emails -- you name it. So it's wort...
U.S. Supreme Court, Civil Litigation, Ethics/Professional Responsibility, Criminal, Constitutional Law, California Supreme Court
Batson/Wheeler objections to peremptory challenges
By Gregory L. Prickett
The objective of this article and self-study test is to review the law regarding objections to the use of peremptory challenge...
Civil Litigation, Entertainment & Sports, Contracts, California Courts of Appeal
Incontestability clauses and profit participation claims
By David A. Klein
The 2nd District Court of Appeal ruled earlier this year that profit participants could not rely on the discovery rule to brin...
Ethics/Professional Responsibility, Contracts, California Courts of Appeal, Appellate Practice
Beware boilerplate settlement agreement language
By Carey L. Cooper
A cautionary tale on the perils of "plugging in" those standard settlement terms when more careful drafting is warranted.
Government, Education Law, Constitutional Law
Controversial campus speakers and the law
By Karen A. Feld
This year has seen different responses on college campuses with regard to controversial speakers.
Real Estate/Development
Buying out a tenant in San Francisco
By Michael McLaughlin, Craig Ackerman
If you are thinking about selling a tenant-occupied property in a rent control jurisdiction with eviction protections, such as...
Law Practice, Ethics/Professional Responsibility, California Supreme Court, State Bar & Bar Associations, Administrative/Regulatory
The evolution of the State Bar
By James Otto Heiting
Whatever your view, changes are aplenty, and more are coming. If you get a chance, make your own contribution to the bettermen...
Government, Constitutional Law, California Supreme Court, Administrative/Regulatory
Justices should uphold state Reproductive FACT Act
By Amy Myrick
Imagine that you're one of the more than 350,000 women in California who becomes unexpectedly pregnant every year. Maybe you f...
U.S. Supreme Court, Civil Litigation, Intellectual Property, Corporate
Ruling begins to explore the new patent venue landscape
By Jeffrey M. Fisher, Nadia C. Arid
Following the U.S. Supreme Court's groundbreaking decision narrowing venue in patent infringement cases, unanswered questions ...
Civil Litigation, Government, Constitutional Law, Administrative/Regulatory
Forcing animal cruelty down our throats, literally
By Bruce Wagman
Preventing animal abuse is an issue many Californians support. But now 13 states are suing California over a law that says tha...
Judges and Judiciary, Ethics/Professional Responsibility
Judging on the graveyard shift
By Lawrence P. Riff
The world of graveyard shift night owls is unfamiliar to lawyers who go on to become judges.
By now you likely know of the unfolding, slow-motion public crucifixion of 9th Circuit Judge Alex Kozinski.
Labor/Employment, Government, Corporate, Administrative/Regulatory
DOL to reverse course on tip pooling, but might not affect California
By Pooja S. Nair
The Department of Labor announced last week that it intends to reverse course on the issue of tip pooling and give employers g...
Law Practice, Judges and Judiciary, Ethics/Professional Responsibility
Admiration for those who struggle to be on juries
By Anthony J. Mohr
Half the state may want to avoid jury duty, but the other half includes not just those who serve with alacrity, but some who s...
Civil Litigation, Alternative Dispute Resolution
It ain't over til it's over
By Carlos Moreno
Yogi Berra's famous baseball tautology resonates with its obvious simplicity. This adage also rings true especially in litigat...
Civil Litigation, Education Law
How sexual harassment affects institutions of higher learning
By John Winer
Universities can be distinctly different in structure than corporations, and so applying the law will vary depending upon the ...
Year in Review Column, U.S. Supreme Court, Civil Litigation, Corporate, Constitutional Law
Defense strategies shift in Spokeo's wake
By Cary D. Sullivan, Chris Waidelich
It has been more than 18 months since the U.S. Supreme Court issued its decision holding that a bare, technical violation of t...
Year in Review Column, Civil Litigation, Intellectual Property
Patent office issues needed inter partes review guidance
By Benjamin M. Haber
Inter partes review turned five years old this year, and the process has been widely adopted as a complement to patent litigat...
Law Practice, Judges and Judiciary
Kozinski and the number Six
By Robert L. Bastian Jr.
This diatribe against 9th Circuit Judge Alex Kozinski's dismissive response to a Washington Post report which describes his al...
In a new series, James Rosen writes about the stories of prominent trial lawyers. This first installment discusses Tom Girardi...
Civil Litigation, Intellectual Property, Entertainment & Sports
Suit claims Disney plundered ‘Pirates’ script
By Delia Ramirez
In a recent case, Disney has found itself in another battle with writers for an alleged infringement of a screenplay in creati...
Tax, Law Practice, Government, Corporate, Administrative/Regulatory
Pass-through provisions could have interesting tax implications
By Phil Jelsma
Both the House and Senate version of the Tax Cuts and Jobs Act include provisions that reduce the taxation of pass-through inc...
Tax, Law Practice
House and Senate tax bills target contingency fees
By Robert W. Wood
Many lawyers assume that if they pay for a deposition transcript, a court reporter, or travel expenses for a hearing, they can...
Year in Review Column, Government, Corporate, Administrative/Regulatory
What past is prologue for government enforcement in 2018?
By Kimberly A. Dunne, James M. Perez
While 2017 began with questions about the new administration's enforcement agenda, it ends with many still unanswered question...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law, Civil Rights
Leading us out of the cultural divide
By Douglas Potts
Can court outreach inspire the public to dialogue with opposing factions on contentious social issues? It did just that with a...
Year in Review Column, Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
Criminal antitrust enforcement likely to keep pace
By Nell Clement, James Allison
Despite these leadership changes, it appears that criminal enforcement of antitrust violations will continue under President D...
Labor/Employment, Government, Corporate, Administrative/Regulatory
A step in right direction for family rights at work
By Neal S. Salisian, Jay Lichter
As is typical of most legislation affecting business policies, SB 63 has stirred opposition in some, while leaving proponents ...
Tax, Government, Corporate, Administrative/Regulatory
Tax reform, tax reform, tax reform
By Erin Bradrick
It seems clear that there is likely to be significant impact on the nonprofit sector no matter what tax bill Congress passes.
U.S. Supreme Court, Judges and Judiciary, Appellate Practice
How do you spell ‘G-U-I-D-A-N-C-E’?
By Brian M. Hoffstadt
Although the courts' hesitancy to give guidance for future cases seems maddening at first blush, there is some method to that ...
Labor/Employment, Government, Constitutional Law, Civil Rights, Administrative/Regulatory
Legislative Open Records Act reform is needed
By Duffy Carolan
Confronted with mounting pressure to address sexual harassment in the state's capital, the California Legislature needs to do ...