U.S. Supreme Court, Criminal, Constitutional Law
Ruling will change plea agreement practices
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
Is your administrative appeals process fatally flawed?
By Matthew S. Kane
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
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
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
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
By Shari L. Klevens, Alanna G. Clair
The benefits of technology are not without their risks — particularly when it comes to emails.
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
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
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
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
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
Appellate magic relies on trial lawyer preparation
By Ben Feuer
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?
By Robert F. Tyson Jr.
Ask for it.
Civil Litigation, Law Practice, Appellate Practice
Proper planning prevents poor performance
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
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
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
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
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...
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
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
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
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
Anti-arbitration letter sent by attorneys general to Congress doesn’t hold up
By Michael H. Leb
This is especially true because the letter relies on a bit of sophistry. Their arguments do not withstand scrutiny.
Tax, Corporate
What you need to know about the new pass-through deduction
By Phil Jelsma
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
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
Prevent experts from presenting hearsay to the jury
By Geoffrey T. Macbride
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
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
If it looks like a security, and smells like a security...
By Rudolph G. Klapper
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
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
Don’t confuse me with facts, I’ve made up my mind
By Robert S. Mann
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...