Labor/Employment, Civil Litigation, California Supreme Court
Employers pay when employees bring their baggage to work
By Steven B. Katz, Christin Lawler
Last week, California again parted ways with federal wage and hour standards to increase protections for the Golden State’s em...
The easier, more modern system is what was envisioned after Bush-Gore
Government, Criminal
Interference in criminal sentencing is Stone-cold wrong
By Neama Rahmani
More than two centuries of independence at the U.S. Department of Justice were upended last week when political appointees, pr...
Government, Administrative/Regulatory
FCC has weak response to cellular carriers selling location data
By Anita Taff-Rice
Two years after it was widely documented that cellular carriers were selling highly precise customer location data to third pa...
If you are about to sell stock, your cash of bitcoin, your out of state real estate holdings, or settle a career lawsuit, you ...
In a complex commercial case, a trial lawyer has many ingredients to choose from. There are millions of pages of documents, do...
A unique alternative to court resolution of high-exposure, complex disputes
By Neal R. Marder, Ali R. Rabbani
Given the potential costs and the uncertainties of predicting state and federal court juries, it makes sense that many compani...
More and more trial lawyers are making use of the “mini-opening” in their cases. When done properly, the mini-opening can be a...
Law Practice
Top 10 tips for preparing and presenting your opening statement at trial
By Byron J. McLain
As you stand before a jury delivering your opening statement, the last thing you should feel is that you can’t win. Every tria...
Government, Environmental & Energy
Voluntary agreements will avoid years of disputes over Bay-Delta
By Ryan Bezerra, Jennifer Buckman
Water litigation often involves decades of conflict. Judicial and administrative litigation about the American, mainstem San J...
Labor/Employment, California Supreme Court
California's relentless effort to expand contractor 'misclassification' laws to joint employment and franchising
By Michael J. Lotito, James A. Paretti
The debate over the Supreme Court of California's 2018 Dynamex decision - in which the state's highest court adopted the so-ca...
Criminal, Constitutional Law, California Supreme Court
Courts shouldn’t punish those who can’t afford to pay fines
By Timothy D. Reuben
Does due process require an ability to pay before imposing criminal fines? Is it fundamentally unfair to impose assessments to...
Law Practice, Government, Admiralty/Maritime
The government lawyer (part 1)
By Myron Moskovitz
As a young government lawyer, It didn't take me long to learn that politics can override good policy.
Labor/Employment, Corporate
SB 826, California’s ‘woman quota’ law, is plainly unconstitutional
By Anastasia Boden, Daniel Ortner
California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...
Letters, Judges and Judiciary
Challenge to Napa County Judge Langhorne is a head scratcher
By Brenda Harbin-Forte
I have long been scratching my head over Napa County Superior Court’s contested judicial election, in which Judge Monique Lang...
Roger Stone will have his place in history, but not merely for his role as a gadfly in the president’s once-inner circle. More...
Prosecutors in the Roger Stone case lied to the attorney general about their sentencing recommendation.
State Bar & Bar Associations, Ethics/Professional Responsibility
Ethical duties to clients remain paramount to other obligations for departing attorneys
By Jessica Beckwith, Kenneth C. Feldman
TA recent ethics opinion from the State Bar discusses the ethical obligations of both an attorney departing a law firm, akin t...
State Bar & Bar Associations, Ethics/Professional Responsibility
Nonlawyers giving legal advice: Madness or prudence?
By A. Marco Turk
This question was raised recently in opposition to proposals by the State Bar of California regarding fee-sharing and nonattor...
Family, Alternative Dispute Resolution
Mediation magic at the dependency courts
By Stacey Lisk, Sidney Kanazawa
There is magic happening at the Los Angeles County Dependency Courts in Monterey Park and Antelope Valley, California. These a...
Jessica Stern’s new book ‘My War Criminal’ documents her encounters with an architect of genocide
Legal Education
Ensuring legal extern compliance with cyber protocols
By Grace A. Parrish
People receive notifications about another data breach that may have affected their personal information daily. Although large...
California Supreme Court, 9th U.S. Circuit Court of Appeals
9th Circuit biometric privacy case denied, but others on the way
By Michael Zeller, Ari Herbert
The U.S. Supreme Court recently declined to review a 9th Circuit decision involving a class action under the Illinois Biometri...
Intellectual Property, Corporate, Civil Litigation, Administrative/Regulatory
Family feud: US Antitrust enforcers on opposite sides of high-stakes battle in FTC v. Qualcomm
By Noah A. Brumfield, Jonathan (Jack) Klaren
The 9th is set to hear oral arguments in FTC v. Qualcomm on Thursday. This appeal of District Judge Lucy Koh’s groundbreaking ...
With over half of our returns being prepared by someone else, it is no wonder that many taxpayers may feel tempted to not even...
Intellectual Property, Corporate, Administrative/Regulatory
FTC v Qualcomm: Where do you SEPpose we go from here…?
By Brian Scarpelli, Alexandra McLeod
We need to unleash the unparalleled innovation capacity of America into our new markets without the constraints of Qualcomm’s ...
The FAIR Act and mandatory arbitration
By Twila S. White
The federal Forced Arbitration Injustice Repeal Act would prohibit pre-disbute arbitration agreements that force arbitration o...
Securities, Government, Criminal, Corporate
2nd Circuit abandons insider trading ‘personal benefit’ test
By Matthew E. Sloan, Emily Ludmir Aviad
A recent ruling sets a lower burden for bringing insider trading cases under Title 18 and will likely encourage prosecutors to...
Criminal, Constitutional Law
Face-to-face confrontation: Who should connect the dots?
By Brian M. Hoffstadt
The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...
Antitrust & Trade Reg.
A deep dive into the antitrust claims against Facebook
By Daniel Bitton, Angelina Whitfield
Four app development companies recent filed a class action suit against Facebook in the Northern District of California, alleg...