Last month the Delaware Court of Chancery issued an important decision denying a motion to dismiss derivative litigation.

You have strayed from the traditions of legal literature. Where is the flair?

I wish we did not have to do so, but it turns out to be as difficult as it is necessary to debate facts. More than that, those...

’Tis the season for prognostication — from September through March, pundits and would-be pundits make their predictions, rangi...

Unfortunately for 1Ls, bar examinees, and litigants, claim preclusion can be complex. Its boundaries are fuzzy. It is one of t...

Let me suggest something for your 2019 reading list: Your insurance policy. Ok, I know that’s about as likely as Nancy Pelosi,...

Attorneys must be aware that a trial court will not tolerate motions to withdraw being used as a delay tactic or litigation ta...

In the law, are there exceptional forces with the power to revive an appeal from its grave? (Cue creepy organ music.) Indeed, ...

Joshua Groban, Gov. Jerry Brown’s final appointment to the California Supreme Court, was confirmed by the Commission on Judici...

It generally was concealed from the American public. President Woodrow Wilson, for example, was incapacitated by several strok...

California judges disagree about the exact nature of California’s standing doctrine, in particular the extent to which it mirr...

A recent Court of Appeal decision raised the issue of realigning California takings law with paramount federal authority. Why ...

With the implementation of many provisions of the Tax Cuts and Jobs Act, the drama surrounding the Donald J. Trump Foundation,...

The 50-year anniversary of California’s signing of the first no-fault law warrants a look back on the history of what this mom...

Separate but equal ... strength and agility tests ... don’t ask, don’t tell ... the history and laws of the United States are ...

Potential hires want to see a firm is advancing equal opportunity in all aspects of operations and practice, and taking concre...

What is the obligation to protect this privilege if the attorney is an employee of the business, serving as general counsel?

Family law proceedings almost exclusively deal with state law. At times, however, federal law issues come into play and when t...

The case asks whether punitive damages are available in a crewmember’s personal injury suit alleging a violation of the genera...

The controversial definition of “waters of the United States,” aka WOTUS, which establishes the reach of federal jurisdiction ...

As an investor, you obviously want to make a smart decision and invest in a thriving, growing, and well-protected company, but...

Distributed ledger technology powers ahead in the energy sector despite the downturn in crypto markets.

“Pay me next year” requests are common with employers, suppliers, vendors, customers and more. And this time of year, many peo...

A few simple steps, taken early in the litigation, can make the difference between a favorable early settlement and a large fe...

Though courts have tried to make it easier for accused infringers to predict their liability exposure by articulating specific...

Sports cognoscenti say the shot clock -- a 24-second limit on possession of the basketball before taking a shot -- saved the N...

The 9th Circuit recently reached the unsurprising conclusion that former board members lacked the power to authorize the filin...

In his 1989 Inaugural Speech, the late President George H.W. Bush famously stated: “America is never wholly herself unless she...

We recently wrote about how the Patent Office’s new rule could create disharmony in claim construction. Today we discuss the p...

Even in today's digital world, attorneys can drown in paper.