On Dec. 9, President Barack Obama signed the continuing resolution that extends funding of the federal government; this federa...
California Supreme Court
Limited anti-SLAPP defense for public entities
By Jeremy K. Robinson
This past year the California Supreme Court grappled with the tricky question of when a government entity or public employee c...
The recent security breach highlights the need for companies to employ stronger security for their users' credentials. By Davi...
Law Practice
Attorneys: '123456' isn't enough to keep client data safe
By Anita Taff-Rice
The year 2016 should be a wake-up call to recognize that, while state bars and legislatures have not yet imposed specific secu...
U.S. Court of Appeals for the 9th Circuit
Justices agree with 9th Circuit view in bank fraud case
By E. Martin Estrada
In Shaw v. United States, the U.S. Supreme Court has again unanimously affirmed a 9th Circuit decision expansively co...
LA County Judge Maurice Leiter's eagerness to learn wins praise in his first criminal assignment.
Tax, Banking
IRS sees pushback over attempt to get digital currency data
By Dashiell C. Shapiro
A Coinbase customer filed a motion in federal court seeking to intervene in the federal case and to block the IRS from enforci...
The first of Isaac Asimov's three laws of robotics states that "a robot may not injure a human being or, through inaction, all...
T ime is generally what we sell, which has led some to ask whether increasing the "cost effectiveness" of lawyers helps them o...
Civil Litigation, Law Practice, Judges and Judiciary, Criminal
The art of cross-examination
By Marshall A. Camp
In my experience, witnesses seldom yell "You can't handle the truth!" immediately before making a case-dispositive admission. ...
U.S. Supreme Court, Civil Litigation, Corporate, 9th U.S. Circuit Court of Appeals
Consumer class actions: year in review
By Christopher J. Lovrien, Jason C. Wright
The more significant developments relate to challenges over who may pursue class action relief, either because of waiver provi...
Civil Litigation
Right to privacy and civil discovery
By Patricia M. Lucas, Gary Nadler
Learn about the source of the right to privacy, the test for determining when discovery may be curtailed due to the right, and...
Superior Court Judge Los Angeles County (Pasadena) ...
Lawyers who use LinkedIn should opt out of the endorsements features, as baseless ones are dishonest and intentionally mislead...
Before 2016, California law prohibited gender, race and ethnicity-based discrimination, but the 2015 and 2016 amendments signi...
Social media apps have recently become a favorite target of the plaintiffs' bar for claims under the Telephone Consumer Protec...
"Breaking bad" means "raising hell," at least according to Vince Gilligan. In that case, lawyers in California are breaking ba...
Law Practice, Law Office Management
Departures aren't always voluntary
By Daniel O'Rielly, Dena Roche
Increasingly in law firm life, the decision on whether you will depart the firm is made for you, and it merits preparation bec...
Ethics/Professional Responsibility
Hiring decisions affect liability exposure
By Louie H. Castoria
Hiring errors are not unique to law firms, but can be costly, sometimes more so than missed court deadlines or unforeseen conf...
The in-house lawyer, it seems, has but one client to worry about. But the reality is that in-house counsel have their own part...
Everyone seems to believe that federal income tax rates will go down in the new year (no, California tax rates will not!). By ...
Many workers who participate in the gig economy do not meet the legal definition of "employee" because of their contingent sta...
7th Circuit Judge Richard Posner recently excoriated the high court chief's management skills in a video interview that went v...
To be sure, the 12th Amendment's text does not require electors to be faithful. But the assumption of its drafters and ratifie...
Civil Litigation, Law Practice, Criminal
Tips for using social media research during voir dire
By Michelle Sherman
Lawyers looking to research the social media habits of prospective or empaneled jurors should take to heart the childhood adag...
Letters, Constitutional Law
Supreme Court can't just invent new rights
By Richard A. Nixon
A recent guest column suggested that President-elect Donald Trump is going to take our First Amendment freedoms from us. That ...
It remains difficult to tell what aspects of Trump's agenda are driving investors and business leaders. By Jeff Steiner and Se...
Law Practice
The State Bar should help schools reach out to students who failed
By Michael Waterstone
Despite all we do to support our students, like any law school, some of our graduates will not pass the bar on the first try. ...
Law Practice, State Bar & Bar Associations
Pass rates can't improve if standards are silently being raised
By Kevin R. Johnson
One might expect bar passage improvements in light of the fact that many law schools are expanding the academic support and se...
State Bar & Bar Associations
It's not the State Bar's responsibility to control lawyer supply
By David L. Faigman
The issue of whether there are too many lawyers is a fair one to ask, but it is not the California Bar's job to control that s...