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U.S. Supreme Court, Criminal, Constitutional Law

Ruling will change plea agreement practices

Feb. 26, 2018
By David W. Fermino, Lyn R. Agre

Last week, the U.S. Supreme Court held that a guilty plea does not inherently waive a criminal defendant’s right to subsequent...


Civil Litigation, Government, Administrative/Regulatory

A recent Court of Appeal decision signals the need for local public entities to evaluate their administrative appeals process ...


Civil Litigation, California Supreme Court, California Courts of Appeal, Appellate Practice

One little writ, big class action changes

Feb. 26, 2018
By Ben Feuer

Once in a rare while, the Court of Appeal will consider a writ petition that raises an issue of first impression, and publish ...


U.S. Supreme Court, Securities, Civil Litigation, Corporate, 9th U.S. Circuit Court of Appeals

The impact of Digital Realty

Feb. 23, 2018
By Alex G. Romain, Jenna G. Williams

“Nothing in [the] opinion prevents the agency from enumerating additional means of SEC reporting.” Whether the agency will do ...


Tax, Government, Administrative/Regulatory

The tax act and exemption application updates

Feb. 23, 2018
By Erin Bradrick

Much of the talk relating to nonprofits and exempt organizations over the past few months has been with respect to anticipated...


Law Practice, Ethics/Professional Responsibility

Inadvertent emails and confidential information

Feb. 23, 2018
By Shari L. Klevens, Alanna G. Clair

The benefits of technology are not without their risks — particularly when it comes to emails.


Family

Family law with Jeffrey Blum

Feb. 23, 2018
By Jeffrey P. Blum

Spoliation, restraining orders, and a child’s best interests


International Law, Government, Constitutional Law, Civil Rights

Poland’s Holocaust speech law could have broad effects

Feb. 22, 2018
By Sassan Masserat, Eric B. Kingsley

Recently, the Polish government has come under fire for proposing legislation that would criminalize equating the Poles' compl...


Government, Constitutional Law, Administrative/Regulatory

The fight for net neutrality continues

Feb. 21, 2018
By Anita Taff-Rice

A constitutional battle may be looming as the majority of states take action to shield consumers from internet service provide...


Civil Litigation, Law Practice, Criminal, Corporate

Navigating the media in high-profile cases

Feb. 21, 2018
By Joshua G. Hamilton

When a company or individual is faced with a case that is likely to generate significant media attention, it is absolutely cri...


Law Practice, Corporate, Civil Rights

When the CEO is witness: a framework

Feb. 21, 2018
By Chad S. Hummel

Jurors project their image and expectations of the top corporate executive onto the person who is on the witness stand and hol...


Civil Litigation, Law Practice, Appellate Practice

What looks so easy for a magician usually comes from a lot of practice and advance planning. Tricky devices set up just-so, pl...


Civil Litigation, Law Practice

Best way to get a large verdict?

Feb. 21, 2018
By Robert F. Tyson Jr.

Ask for it.


Civil Litigation, Law Practice, Appellate Practice

Proper planning prevents poor performance

Feb. 21, 2018
By Wendy Mcguire Coats, Megan E. Walker

Preparing for appellate litigation is as much about preparing to defend a win as much as it is about preparing to come back fr...


Civil Litigation, Law Practice

Planning, drafting and executing effective cross-examinations

Feb. 21, 2018
By Bethany W. Kristovich, Maria Jhai

How can you best craft your cross-examinations to undermine your opponent's case and to remind the jury of your affirmative s...


Civil Litigation, Law Practice

Associates: tips for your very first trial

Feb. 21, 2018
By Crystal F. Riggins, Laura C. Riparbelli

As a junior associate and aspiring litigator, few moments are more thrilling than learning you will be part of your first tria...


Civil Litigation, Law Practice

Beyond the form: use jury instructions to your advantage at trial

Feb. 21, 2018
By Jason D. Russell, Hillary A. Hamilton

Jury instructions are among a trial lawyer’s most important tools in connecting with and persuading jurors, yet they are often...


Civil Litigation, Law Practice

Effective use of deposition video clips at trial

Feb. 21, 2018
By Amy S. Park, Patrick Hammon

If used strategically, video clips of depositions can be an effective tool in presenting your case, while also undermining you...


Law Practice

21 tips for lawyers to make better 2nd drafts

Feb. 21, 2018
By Matt Sonne, Scott Sonne

My freshman year political science professor often quoted Ernest Hemingway's maxim that "the first draft of anything is sh**."


U.S. Supreme Court, Criminal, Constitutional Law

Giving full effect to a jury acquittal

Feb. 20, 2018
By Jeffrey L. Bornstein, Andrew G. Spore

On Tuesday, the Supreme Court hears arguments in an important double jeopardy case.


Law Practice, Judges and Judiciary, Appellate Practice

On Moot Court

Feb. 20, 2018
By Myron Moskovitz

Over the years, my view of the usefulness of moot courts has evolved.


International Law, Government, Corporate, Administrative/Regulatory

Latin America’s wave of anticorruption laws

Feb. 20, 2018
By Michael M. Farhang

As trade among the U.S. and Latin American countries has increased, so has the need for effective anticorruption measures to e...


Civil Litigation, Law Practice, Labor/Employment, Government, Corporate, Civil Rights, Alternative Dispute Resolution

This is especially true because the letter relies on a bit of sophistry. Their arguments do not withstand scrutiny.


Tax, Corporate

The recently enacted Tax Cuts and Jobs Act institutes sweeping changes to the tax code on many levels, but one of the most sig...


Government, Administrative/Regulatory

Slouching towards an electronic frontier

Feb. 16, 2018
By Jason S. Leiderman

Grateful Dead lyricist and internet activist John Perry Barlow passed away last week. So who will pick up where he left off?


Civil Litigation, Law Practice, Criminal, California Supreme Court, California Courts of Appeal

The California Supreme Court revised an expert’s ability to rely on hearsay not long ago. Earn MCLE credit catching up with wh...


U.S. Supreme Court, Civil Rights

America’s first civil rights case: The Amistad

Feb. 16, 2018
By James Attridge

History's ultimate "bar exam question" is the fact pattern in United States v. Libellants of the Schooner Amistad, the U.S. Su...


Securities, Government, Corporate, Administrative/Regulatory

Recent remarks by SEC Chair Jay Clayton suggest the commission is taking a common-sense approach to its role in regulating vir...


Law Practice, Ethics/Professional Responsibility

30 tips for avoiding legal malpractice claims

Feb. 16, 2018
By Dan L. Stanford

During over three decades of prosecuting legal malpractice claims, I have been asked over and over again for concrete ideas to...


Alternative Dispute Resolution

In a mediation, simply hoping that the plane won't crash in the face of objective evidence that might just do that is hardly a...