Law Practice, Ethics/Professional Responsibility
Advising or assisting the violation of law (Rule 1.2.1)
By Megan Zavieh
Under Proposed Rule 1.2.1, the lawyer's role in advising clients who intend to take their own unlawful actions is broadened.
Civil Litigation, Ethics/Professional Responsibility
Limiting liability to client (Rule 1.8.8)
By Jason E. Fellner, Caitlin T. DiMaggio
Proposed Rule 1.8.8 clarifies requirements to settle a malpractice claim with a current or former client, and keeps a complete...
Civil Litigation, Labor/Employment
Think about WARN exceptions before facing closure
By David T. Van Pelt
A recent Supreme Court decision reinforces a looming specter that employers often fail to focus on when facing imminent closur...
Intellectual Property
One year on: the federal Defend Trade Secrets Act
By Matthew M. Werdegar, Warren A. Braunig
As the DTSA celebrates its first birthday, answers to lurking questions about jurisdiction and ex parte seizures begin to emer...
U.S. Supreme Court, Labor/Employment
Good for employers: Title VII ruling brings 9th Circuit in line
By David B. Monks
Earlier this month the U.S. Supreme Court ruled that Courts of Appeals should largely defer to lower courts' decisions when po...
Judge Mark Arnold brings experience as a sheriff's deputy and DA to LA County bench.
The view of Justice Neil Gorsuch as "anti-civil rights" is flawed. The truth is more complicated.
Constitutional Law, California Supreme Court
Can private property be protected against the sea?
By Michael M. Berger
The California Supreme Court is about to hear argument in a case that will determine whether coastal property owners can prote...
Judges and Judiciary, Ethics/Professional Responsibility
Special responsibilities of a prosecutor (Rule 3.8)
By Gary Schons
If adopted, the proposed rule will not only restate the prohibition against maintaining charges unsupported by probable cause,...
Labor/Employment
What is sex?: Expanding LGBT rights under Title VII
By Wendy Mcguire Coats, Megan E. Walker
The widely discussed recent 7th Circuit ruling may expand protections not only to gay, lesbian and bisexual employees, but als...
Administrative/Regulatory
FTC guidance on promotional social media content
By Karl S. Kronenberger, Liana W. Chen
Many social media campaigns don't comply with FTC requirements of clear and conspicuous disclosures of advertising content, in...
Constitutional Law, Civil Rights, Books
Closing the doors to the courthouse
By Charles S. Doskow
In his new book, Erwin Chemerinsky addresses the plethora of jurisprudential and procedural doctrines that have the effect of ...
Securities, Mergers & Acquisitions, Corporate
Impact fund formation growing rapidly
By Sara L. Terheggen
The frequency in the number of impact funds being formed is growing significantly. And two trends are happening simultaneously...
California Supreme Court, Appellate Practice
Why does it take longer to affirm than to reverse?
By Kirk C. Jenkins
We found that whether the court affirms or reverses has a small but noticeable correlation to lag time in civil cases, and a m...
Civil Litigation, Law Practice, Judges and Judiciary, Criminal
The art of the direct examination
By Moez M. Kaba
Although a rousing opening statement and forceful closing argument bookmark a case, what counts most is the narrative trial la...
Environmental & Energy, Administrative/Regulatory
Dismantling climate regulations won't be easy as Trump thinks
By Catherine Malina, Sky Stanfield
Recently filed lawsuits are just the beginning of the serious legal challenges the Trump administration faces as it attempts t...
To uphold California's proud tradition of inclusion — and to protect the safety and civil rights of all Californians — the gov...
High court to hear general jurisdiction arguments
By Donald M. Falk, Samantha C. Booth
Two U.S. Supreme Court cases being argued this week will determine whether a corporation may be hauled into a state in which i...
Civil Litigation, Ethics/Professional Responsibility
Mandatory disclosure of third-party financing gains momentum
By Jason D. Russell, Hillary A. Hamilton
Recent developments suggest that courts, rule committees and Congress may be leaning toward mandatory disclosure of third-part...
Government, Education Law, Administrative/Regulatory
Alcohol policies on California campuses
By Karen A. Feld
It is no secret that many students at college and university campuses across the nation consume alcoholic beverages before the...
In a recent decision, the 4th District created yet another tool for Courts of Appeal to use in quickly dealing with writ petit...
Judges and Judiciary, Ethics/Professional Responsibility
Discovery and the attorney-client privilege
By Patricia M. Lucas, Gary Nadler
Learn about the elements of the privilege, what is not covered by the privilege, waiver, and the mechanics of adjudicating an ...
Judge Ellison gives lawyers room to work in her trial court but likes to keep the show moving.
With the Trump administration engaged in a soft conflict with North Korea, it is worth noting how the actions of the Obama adm...
2017 is an interesting year, historically, in the evolution of law. By Thomas M. Hall ...
A recently decision restricts the circumstances in which a party may rely on their attorney's affidavit of fault for relief fr...
President Trump signed a law this week that permits states to withhold funding from clinics that provide family planning servi...
Immigration, Criminal, Civil Rights
Courts are for justice, not bait
By Dennis J. Herrera
Jeff Sessions and John Kelly demonstrated a failure to comprehend the importance of public trust in courts in their response t...
Administrative/Regulatory
Bill bans discrimination based on reproductive decisions
By Jennifer L. Chou
The California Legislature is currently considering a bill to ensure that people cannot be discriminated against by their empl...
California Supreme Court
Ruling resolves conflict on reviewof a jury trial request denial
By Nathaniel P. Garrett
It is now even more firmly established that litigants may challenge jury trial denials by pre-trial writ. By Nathaniel P. Garr...