Well-stated facts in appeals sway appellate judges more effectively than skillfully argued arguments.
23andMe green light is a shift for FDA
By James R. Ravitz, Paul Gadiock
The April authorization for the genetic health test represents a dramatic change in FDA's longstanding policy on consumer-orie...
I read recently that conservative justices interrupt liberal justices at higher rates than vice verse — and, in another shocke...
Santa Ana Judge Gerald Johnston enjoys the intellectual and interpersonal challenges of probate.
Law Practice
Why was I awarded nothing in mandatory fee arbitration?
By Jonathan A. Goldstein
Why did I lose when I did the work? This is the question most attorneys ask when they participate in fee arbitration with a fo...
Labor/Employment
Brush up on California's planned minimum wage increases
By Bryan L. Hawkins
California employers need to be aware that recent and future minimum wage increases affect designations of exempt employees.
Two bills that were recently introduced in the California Legislature's February session that impact asbestos litigation: Sena...
Judges and Judiciary
A conversation with the chief justice of Bhutan
By Julie L. Kessler
I recently found myself in the landlocked Himalayan nation of Bhutan. Sandwiched between China and India, Bhutan is small -- j...
Summertime romances are great, just not with the summer associates, and other rules to keep in mind as law students flood law ...
Law Practice, Ethics/Professional Responsibility
Breach of fiduciary duty vs professional negligence
By Kenneth C. Feldman, David D. Samani
Armed with a recent appellate decision, trial courts should readily sustain demurrers where such causes of action are nothing ...
U.S. Supreme Court, Native Americans
Tribal sovereignty at the high court
By Jeremy K. Robinson
A recent Supreme Court ruling is an important decision and could expose tribes to new liability in state and federal courts.
It was April 29, 1992, and Los Angeles was on fire. The spark? A not-guilty verdict for the four Los Angeles Police Department...
Ethics/Professional Responsibility
Conflict of interest: current clients (Rule 1.7)
By David M. Majchrzak
If adopted, Rule 1.7 will be a remarkable response to the Supreme Court's letter rejecting the previous package of proposed ru...
Environmental & Energy, Administrative/Regulatory
Bill addresses private Proposition 65 enforcement
By Daniel J. Herling
Assembly Bill 1583 provides an effective enforcement mechanism for the California Safe Drinking Water Toxic Enforcement Act, a...
In a recent decision the Delaware Court of Chancery provided guidance on grants of equity awards to directors. ...
At the hearing held before U.S. District Judge William H. Orrick in San Francisco on April 14, the lawyer defending Trump's or...
Immigration, Criminal
Using our courthouses as bait is illegal and un-American
By Jeff Adachi
It was only a matter of time before the escalating feud between California and President Donald J. Trump has finally arrived o...
Law Practice, Judges and Judiciary, Civil Litigation
The Special Verdict Paradox: Part I
By Michael J. Raphael
If a jury finds that a civil plaintiff has proven each element of its claim, does it necessarily follow that the plaintiff has...
It was a relatively easy case for Judge William H. Orrick given the Trump administration's failure to carefully draft a detail...
Civil Litigation, Labor/Employment
Think twice before attempting to 'pick off' PAGA plaintiffs
By David S. Winston
While initially it may seem enticing to attempt to pick-off the PAGA representative, it likely would only increase the employe...
Adopting a mentality focused on planning but capable of improvisation is essential to solo success, particularly in a rapidly ...
Civil Litigation, Ethics/Professional Responsibility
Lawyer as witness (Rule 3.7)
By Raymond Y. Ryan
New proposed Rule 3.7 broadens the existing rule to render it unethical for an advocating lawyer to testify in the same bench ...
Law Practice, Ethics/Professional Responsibility
Advising or assisting the violation of law (Rule 1.2.1)
By Megan Zavieh
Under Proposed Rule 1.2.1, the lawyer's role in advising clients who intend to take their own unlawful actions is broadened.
Civil Litigation, Ethics/Professional Responsibility
Limiting liability to client (Rule 1.8.8)
By Jason E. Fellner, Caitlin T. DiMaggio
Proposed Rule 1.8.8 clarifies requirements to settle a malpractice claim with a current or former client, and keeps a complete...
Civil Litigation, Labor/Employment
Think about WARN exceptions before facing closure
By David T. Van Pelt
A recent Supreme Court decision reinforces a looming specter that employers often fail to focus on when facing imminent closur...
Intellectual Property
One year on: the federal Defend Trade Secrets Act
By Matthew M. Werdegar, Warren A. Braunig
As the DTSA celebrates its first birthday, answers to lurking questions about jurisdiction and ex parte seizures begin to emer...
U.S. Supreme Court, Labor/Employment
Good for employers: Title VII ruling brings 9th Circuit in line
By David B. Monks
Earlier this month the U.S. Supreme Court ruled that Courts of Appeals should largely defer to lower courts' decisions when po...
Judge Mark Arnold brings experience as a sheriff's deputy and DA to LA County bench.
The view of Justice Neil Gorsuch as "anti-civil rights" is flawed. The truth is more complicated.
Constitutional Law, California Supreme Court
Can private property be protected against the sea?
By Michael M. Berger
The California Supreme Court is about to hear argument in a case that will determine whether coastal property owners can prote...