Like fly fishing, appellate work is best performed in a state of quiet contemplation.
Year in Review Column, Civil Litigation, Law Practice
Litigation finance continued to pick up steam this year
By Brett McDonald
At its current rate of growth, 48 percent of firms in the U.S. could use litigation finance in 2018.
Transportation, Corporate
Will Tesla make the turn towards profitability?
By Jonathan A. Michaels
Last month, Bob Lutz, former vice chairman of General Motors, issued a harsh criticism of Tesla, stating that its fixed costs ...
U.S. Supreme Court, Judges and Judiciary, Constitutional Law, Civil Rights
Fighting housing discrimination in Orange County
By Thomas A. Delaney
In 1962, Dorothy and Lincoln Mulkey were living and working in Santa Ana in pursuit of the American Dream.
His extraordinary legal career and life in the service of others reflected the great courage with which he served as a United ...
Civil Litigation, California Courts of Appeal, Appellate Practice
Retained jurisdiction essential to enforce settlement agreement
By Steven H. Kruis
Seasoned litigators are well aware of the expedited procedures to enforce settlement agreements under Code of Civil Procedure ...
Tax, Government, Corporate
Tax reform in our stockings after Senate bill passage?
By Megan Lisa Jones
The plan is murky, as tax reform often is. Some handwritten comments are illegible. It is progress. Seemingly, soon, we will h...
Law Practice, Ethics/Professional Responsibility
’Tis the season to take a pro bono case
By Hamid Yazdan Panah
The flexibility and independence of solo attorneys means that they are uniquely situated to take on pro bono cases and fill in...
Perfectly acceptable words can become detestable through overuse and misuse. "Incredibly" and "iconic" vie for first place on ...
U.S. Supreme Court, Securities, Civil Litigation, Corporate, Constitutional Law
About-face on SEC in-house judges is startling
By Ronald E. Wood
Trump Justice Department is turning its back on decades of history and process to argue that the Security and Exchange Commiss...
U.S. Supreme Court, Immigration, Constitutional Law, 9th U.S. Circuit Court of Appeals
Anyone's guess how justices will rule in immigration case
By Philip L. Torrey
Regardless of how the Supreme Court decides Jennings v. Rodriguez, there is no doubt that its decision will have a significant...
Law Practice, Labor/Employment, California Courts of Appeal, Appellate Practice
Thanks, CLRA
By Myron Moskovitz
I can't let 2017 end without congratulating California Rural Legal Assistance on its 50th anniversary. The legal aid group was...
Year in Review Column, U.S. Supreme Court, Civil Litigation, Intellectual Property
Supreme Court shook up patent venue in 2017
By David Lisson, Serge A. Voronov
Earlier this year, the U.S. Supreme Court made clear that venue in patent cases based on where a corporation "resides" is limi...
Mergers & Acquisitions, Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory
DOJ's lawsuit to halt AT&T-Time Warner deal is the right thing to do
By Warren Grimes, Christopher Sagers
The Justice Department's lawsuit is wise and courageous; it is a bold step to protect competition and consumers -- the primary...
tax lawyers are the first to point out that Meghan Markle's U.S. citizenship could cause major tax headaches for Britain's ro...
Government, Constitutional Law, Administrative/Regulatory
The CFPB and the swamp
By John C. Eastman
Richard Cordray, the director of the Consumer Finance Protection Bureau whose tenure was marked by one constitutional controve...
U.S. Supreme Court, Criminal, Constitutional Law, Civil Rights, 9th U.S. Circuit Court of Appeals
Courts clearing up police liability, immunity
By Robert L. Bastian Jr.
There are encouraging signs that both state and federal appellate courts are addressing distorted interpretations of statutory...
U.S. Supreme Court, Criminal, Constitutional Law, California Supreme Court
Issues with biometrics: Here’s looking at you, Fed
By Jason S. Leiderman
The iPhone X's facial recognition feature sure is cool. But what will it mean when it comes to your privacy, Fifth Amendment a...
Obituaries, Judges and Judiciary, Civil Rights, 9th U.S. Circuit Court of Appeals
The Real Mayor of Los Angeles
By Christopher David Ruiz Cameron
The Real Mayor of Los Angeles passed away this week. Like the elected mayor who actually keeps an office in City Hall, this un...
Obituaries, Judges and Judiciary, Civil Rights, 9th U.S. Circuit Court of Appeals
Judge Harry Pregerson was a Prince
By Julie A. Werner-Simon
In just the last few days, one charmed Prince Harry has gotten engaged and another Prince Harry has left us.
Law Practice, Law Office Management, Ethics/Professional Responsibility
Five tips for effective billing and collection as the year comes to a close
By Shari L. Klevens, Alanna G. Clair
For all of the effort that goes into providing legal services, far too many attorneys take an informal, anything-goes approach...
Civil Litigation, Judges and Judiciary, Alternative Dispute Resolution
Keyword mediation helps expedite e-discovery
By Daniel B. Garrie, Gail A. Andler
This alternative can benefit both parties, as well as the court, because a mediator can expedite an agreement in a technically...
U.S. Supreme Court, Civil Litigation, Constitutional Law
Ripeness: the ghost of takings' past
By Michael M. Berger
As it is that Dickensian time of year, it seems appropriate to once again review the ghostly presence of the ripeness doctrine...
Government, Construction, Administrative/Regulatory
Legislature has the power to enact technology-forcing statutes
By Meredith J. Hankins
In a decision last year, the Court of Appeal erred in concluding that it would be "illogical" to uphold a law requiring new fi...
U.S. Supreme Court, Civil Litigation, Intellectual Property, Corporate
Supreme Court case could undo years of patent litigation
By Benjamin M. Haber
The high court heard arguments on Monday to consider the constitutionality of administrative proceedings that revoke issued pa...
Tax, Labor/Employment, Corporate, 9th U.S. Circuit Court of Appeals
Tax gross up damages in the 9th Circuit beyond Title VII
By Robert W. Wood
Now that the 9th Circuit allows tax gross ups, will this spill over into other cases beyond Title VII?
Law Practice, Ethics/Professional Responsibility, California Courts of Appeal, Appellate Practice
The dangers of attorney disqualification motions
By Matthew S. Kahn
Despite its holding, the Court of Appeal's decision (as well as the trial court's order) serves as a reminder that courts take...
Year in Review Column, U.S. Supreme Court, Constitutional Law, California Supreme Court
Property rights hit by high courts
By Basil S. Shiber, Karl E. Geier
Like a lobster in slowly warming water, only in retrospect does the magnitude of the loss appear.
Year in Review Column, Civil Litigation, Constitutional Law, Civil Rights
Anonymity is as fragile as a glass door
By Andres Hurwitz, Debra Garfinkle
New industries often lead to new legal issues, and the anonymous internet review industry represented by Glassdoor and Yelp wa...
Labor/Employment, Civil Rights
Sexual harassment in closed, quasi-closed systems
By Hannah Brenner, Kathleen Darcy
The recent outpouring of impassioned stories suggests that we are entering a new era in which these transgressions are being t...