Law Practice, Ethics/Professional Responsibility
The deceptive simplicity of flat-fee arrangements
By David M. Majchrzak, Heather L. Rosing
Despite this seeming simplicity — as with most things in life — the unanticipated can throw a wrench into a flat-fee agreement
Law Practice
Sealing celebrity confidential information: A matter of public interest?
By Dariush Adli
Attorneys seeking to protect their celebrity clients’ personal confidential information disclosed in court proceedings from pu...
Labor/Employment
An Employment Lawyer’s Take on Age Discrimination in Silicon Valley
By Scott E. Cole
Ageism is the leading basis for discrimination complaints in California’s tech culture — 28 percent higher than race.
Civil Litigation, Intellectual Property
Fee award for bad faith in federal trade secrets case is a first
By Dylan W. Wiseman, Rick A. Waltman
Now that one federal court has adopted the two-pronged “bad faith” analysis used by state courts, litigants might expect othe...
Judges and Judiciary, California Supreme Court
Governor Edmund G. Brown Jr. today announced Joshua Groban as his choice for associate justice of the California Supreme Court.
Government, Books
A trial lawyer’s day book of the 2016 presidential election
By Richard Wirick
Many attorneys ruminate in trial, and not always on the matters before them. One hopes that the lawyer Ben Fountain has someon...
Labor/Employment
Consider the true implications of waiving arbitration
By Anthony J. Oncidi
While companies may be making a welcome gesture in support of the larger movement to put an end to sexual harassment in the wo...
Securities, Civil Litigation, Corporate, 9th U.S. Circuit Court of Appeals
Overruled on other grounds by Brehm v Eisner
By Bryan Ketroser
Unlike the Delaware Supreme Court, the 9th Circuit continues to review dismissals of shareholder derivative actions on demand ...
Explaining the law is necessary but not sufficient
Civil Litigation, Intellectual Property
The details are in the devil in this copyright lawsuit
By Bennett A. Bigman
On Nov. 8, the Satanic Temple filed a federal lawsuit for copyright infringement, false designation of origin and other claims...
U.S. Supreme Court, Government, Constitutional Law
Acting AG Matthew Whitaker: religious tests and Marbury v Madison
By Eric B. Kingsley
Since the founding of the republic, religious tests have been anathema in the United States.
U.S. Supreme Court, Immigration, Constitutional Law
Those born in the United States are clearly citizens
By Erwin Chemerinsky
The Constitution and the holdings of the Supreme Court are clear: All persons born in the United States are citizens regardles...
U.S. Supreme Court, Government, Constitutional Law
Appointment of Whitaker raises a tangled web of legal, ethical issues
By John H. Minan
The appointment of Whitaker has created a legal firestorm because of his controversial and radical views on the role of the fe...
Liability considerations for when someone breaks into your computer and sends your money overseas.
Labor/Employment
New law requires California employers to accommodate lactation
By Benjamin M. Ebbink
Employers should carefully review their procedures for providing lactation accommodation in accord with the requirements of AB...
Labor/Employment, Insurance, Health Care & Hospital Law
The carrot and/or stick approach to workplace smoking programs
By Michelle Lee Flores, Marissa H. Alguire
Can California employers encourage employees to quit smoking or penalize them if they don’t?
In my latest issue of “Popular Woodworking” (don’t’ ask — we all have our little hobbies) there was a fascinating article on t...
Law Practice, Ethics/Professional Responsibility
Ethical duties and data breaches
By Alison Buchanan
On Oct. 17, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion ...
Law Practice, Ethics/Professional Responsibility
Consider using mandatory arbitration provisions to recover fees
By Shari L. Klevens, Alanna G. Clair
Fee disputes with clients are never pleasant, but they are especially painful when such disputes result in litigation. Not onl...
Government, Environmental & Energy, Construction
State and local leaders turn their attention to building efficiency
By Jennifer Tung
It’s no surprise given that buildings account for 25 percent of the state’s greenhouse gas emissions — and 70 percent of emiss...
For defense attorneys, a new GPS system might be in order. We need to rethink and refresh the way we’ve historically represent...
Labor/Employment, Entertainment & Sports
Talent agencies required to provide anti-harassment training
By Susan E. Groff
While Gov. Jerry Brown signed several bills into law addressing sexual harassment this fall, Assembly Bill 2338 pays special a...
Since the inauguration of Franklin D. Roosevelt during the depth of the Depression, great emphasis has been placed on the firs...
Tax
How long must you worry about the risk of being audited by the IRS?
By Robert W. Wood
It pays to know how far back you can be audited. You can influence the answer, and there are steps you can take to cut your risk.
‘Go ahead then... prove it!’
By Brian M. Hoffstadt
Burdens of proof are presented in law school as if they are well-settled and purely procedural. In actuality, they are neither.
Intellectual Property
EU high court OKs color trademark for Louboutin shoes
By Dariush Adli
The European Court of Justice’s recent trademark ruling that Christian Louboutin’s red-soled shoes are eligible for trademark ...
Civil Litigation, Labor/Employment, 9th U.S. Circuit Court of Appeals
9th Circuit continues to enforce well-crafted arbitration agreements
By Cary D. Sullivan, Steven M. Zadravecz
Recent cases demonstrate the utility of clear, unambiguous language designating the question of arbitrability to an arbitrator...
Litigators earn their living by speaking up, and especially for reactively responding, so it does not come naturally to hold o...
Securities, Civil Litigation, 9th U.S. Circuit Court of Appeals
9th Circuit puts to rest decade-old Northstar litigation as preempted by SLUSA
By Peter Wald, Gavin M. Masuda
One thing Northstar and other recent 9th Circuit cases make clear is that district courts in the 9th Circuit must read complai...
Law Practice, Government
Next case, no client: Lawyers turned candidates
By James Attridge
Thanks to the new science of smearing candidates with the opprobrious epithet “lawyer” we may never see the likes of courthous...