Winning is not the only thing. You do have to compromise -- even compromise your ideals. You do need to walk away from fights....
The issue has history: In Britain, the loser of a lawsuit pays the attorney fees of the winner. The "American rule," by contra...
Ethics/Professional Responsibility
Protect privileged data, or pay the price
By Ann S. Lee
There are no clear rules on what security measures a lawyer must take to protect confidential emails or other electronically s...
Law Practice
State Bar should issue opinion on client data and travel
By Mark A. Larouche
When reentering the U.S., Customs and Border Protection officers can detain you for a number of different reasons. It doesn't ...
Environmental & Energy, Administrative/Regulatory, 9th U.S. Circuit Court of Appeals
Winters rights apply to groundwater, too
By Josh Patashnik
This week the 9th Circuit held, as a matter of first impression, that the so-called "reserved rights" doctrine applies to grou...
Make no mistake, the Internal Revenue Service and California's Franchise Tax Board want receipts — meaning they want you to ke...
Just say no
By Timothy A. Miller
Protecting buyers from unintended consequences of reliance disclaimers in M&A transactions. ...
Imagine if you were sued for calling something "bullsh*t news." You don't have to imagine hard. It's already happened: BuzzFee...
Intellectual Property, Entertainment & Sports
If you liked it, then you should've bought the rights to it
By Gerald L. Sauer
To better understand the recent $20 million lawsuit filed against Beyoncé for alleged copyright infringement, it might help to...
In 2016, the Legal Services Corporation provided over $43 million in funding to legal nonprofits across California. President ...
Law Practice, Ethics/Professional Responsibility
Act fast if hackers compromise client escrow funds
By J. Randolph Evans, Shari L. Klevens
There is seemingly no limit to the lengths scam artists will go to victimize unsuspecting attorneys. Indeed, as you read this ...
Civil Litigation, Law Practice, Ethics/Professional Responsibility
A statute of limitations ruling favoring lawyers
The court's opinion correctly points out that neither the subjective belief of the client nor the formal act of withdrawing ar...
Labor/Employment, California Supreme Court
Rest period compliance guidance
By David Martinez, Christina Lincoln
Last year, the California Supreme Court held that an employer's discretion to provide employees with on-duty meal periods does...
Section 230 of the Communications Decency Act remains an extremely powerful shield against liability for web publishers, but o...
Perspective
Secured creditors bidding with play money in bankruptcy sales
By David M. Reeder
Credit bidding by a creditor which has a valid and enforceable mortgage, trust deed or security interest in the property being...
Letters, Judges and Judiciary, Government
Judicial appointment statistics clarification
By Evan Westrup
I write to correct portions of a recent letter to the editor, "Once again, governor's judicial appointments light on disabled,...
Technology & Science
Fighting implicit bias in the courtroom with virtual reality
By Natalie Salmanowitz
Judges and jurors could participate in a five-minute VR training session before trials. Using just a headset and a pair of mot...
Now that Trump is in office, construction of his fence is coming to pass and unsurprisingly, the process of right of way acqui...
Constitutional Law
Ruling ends ability to keep communications from public
By Duffy Carolan
The state high court has effectively ended the ability of public agencies to keep from the public communications about the pub...
Under long-standing immigration laws, harboring undocumented immigrants carries the potential for both fines and imprisonment....
The recent Oscars snafu provides a reminder to lawyers: All live events can glitch and the appropriate response is not to powe...
With the replacement immigration order on Monday, we have, if not quite in the sense Justice Jackson anticipated, entered the ...
This initiative, if adopted, would strike language from Article III, Section 1 of the California Constitution, which states: "...
Trump's plan to slash funding of National Endowment for the Arts could have a significant impact on the ability of volunteer l...
Mary C. Dollarhide, an attorney who led the employment practice at Paul Hastings LLP in San Diego, started her new position as...
Orange County Judge Julie Palafox wins praise in family court for her patience and demeanor.
There is considerable talk today about leaving America. The head count is up, although it is still a small number compared to ...
On March 1, a new California law took effect requiring single-user public restroom facilities to be gender neutral and to comp...
The California Supreme Court has now held that emails, voicemails and texts related to government business on the private devi...
I often speak to local bar associations about "How To Win Appeals & Writs." I usually begin with Moskovitz's Rule #1: "Put...