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Confidentiality provisions are increasingly common in personal injury cases. Plaintiffs’ lawyers must take precautions to prot...


Health Care & Hospital Law


In September 2019 - about the same time that the Covid epidemic began in China, the Centers for Disease Control (CDC) publishe...


California Courts of Appeal, Environmental & Energy


Litigation is not a solution to address the broadest public policy challenges, and in the end, it is the lawyers who end up wi...


Environmental & Energy, U.S. Supreme Court


After West Virginia v. EPA, the Biden Administration’s plans to tackle the climate crisis will likely (and necessarily) extend...


Unlike a sports agent who preserves communications with and about a specific client, leagues face countless limitations and re...


Appellate Practice, Covid Columns, Law Practice


At a basic level, we learned online visual meetings can greatly enhance our communications and negotiations.


Civil Rights, Government


There will be litigation over when government employees’ speech can be prohibited because it is within the scope of their duti...


It is a reflection of 19th century values that Fremont was tried and convicted of disobedience, but not of genocide.


The Field case reminds both plaintiffs and defendants that crafting evasive discovery responses can hurt you in the long run –...



International Law, Alternative Dispute Resolution


International arbitration has long been a favored form of dispute resolution because of its efficiency, finality, and other sa...


If government lawyers abandon professionalism under the pressure of politics, polarization and careerism, one pillar of our Re...


To date, Biggs has asserted he is a retired lawyer. Eastman is being investigated by the California state bar and Guiliani has...


Military Law, Health Care & Hospital Law, Government


Clear and unmistakable error is not defined in the statute, and efforts to parse the legislative intent have muddied the alrea...


U.S. Supreme Court, Education Law, Civil Rights


The Supreme Court decided Carson v. Makin (20-1088) yesterday, holding Maine violated parents' Free Exercise rights by excludi...


Labor/Employment


Some of my colleagues from the plaintiff’s bar have been quick to point out a potential silver lining in the outcome. I think ...


Insurance, Data Privacy


Three recent cases have affirmed coverage where a vendor has been impersonated and as a result the company sustained a loss.


U.S. Supreme Court, Government


Ginni is not a justice, of course, but this saga presents a test for the Supreme Court. Do these ceaseless revelations spur Ch...


U.S. Supreme Court, California Supreme Court



U.S. Supreme Court, Constitutional Law



Law Practice, 9th U.S. Circuit Court of Appeals


My criminal practice causes me to appear in court almost every day. Those experiences have led me to believe that judges and l...


While this is being touted as a major victory for employers. It is not that. The Court makes clear that the State may deputize...


The challenge now is one of stemming the tide and reversing the growing public perception that SCOTUS no longer commands respe...


The Securities and Exchange Commission on Wednesday adopted a slate of new disclosure rules special purpose acquisition compan...


Technology, International Law


Jurisdictions are substantially consistent that current patent laws allow only natural persons as inventors. However, no juris...


U.S. Supreme Court, Government, Civil Rights


Egbert is disheartening because the court returns to its peculiar tradition of selectively shaving and trimming rights and rem...


Through the mediation of e-discovery issues, litigants can help address outsized litigation costs, curtail the time and costs ...


Litigation & Arbitration, Law Practice, Appellate Practice


In our view, it is a mistake bordering on malpractice for the respondent's counsel to put off the opening statement.


Law Practice, Appellate Practice


Dressed to deceive

Jun. 7, 2022

Dressing a client to mislead a jury? It’s time to call it what it is - rank deception - and somehow put some limits on it.


Law Practice, Civil Litigation


The 4th District affirming the agreement between San Diego and private lawyers may encourage more public-private partnerships ...