During the first month of the Trump administration, many pundits opined that looming legislative and regulatory changes, new a...
Law Practice, Ethics/Professional Responsibility
Max out joint defense agreements
By J. Randolph Evans, Shari L. Klevens
In the past, litigation typically involved only one plaintiff and one defendant. Modern litigation, however, tends to be far m...
San Bernardino County Judge Bryan Stodghill's amiable personality helps him in traffic court.
Corporate
Language matters for working lawyers, and hiring lawyers
By Olga V. Mack, Katia Bloom
Words have power, especially for businesses seeking rapid expansion, as gender neutral job postings words help businesses rece...
Securities, Civil Litigation, Corporate, Constitutional Law
DC Circuit will rehear challenge to SEC's in-house judges
By Ronald E. Wood
Oral arguments are scheduled for May 24 in a D.C. Circuit case that will decide once and for all whether SEC ALJs are inferior...
We learned six years ago that state idea-theft claims were not preempted by copyright law, but courts may be changing their tu...
State regulation of business such as menu item calories, company energy efficiency, and restaurant cleanliness comes at a high...
Environmental & Energy, Administrative/Regulatory
The real cost of CEQA abuse
By Jennifer L. Hernandez
Our environmental laws are being used to perpetuate patterns of ethnic and environmental segregation, all while undermining im...
Law Practice
Brush up on the latest e-discovery preservation developments
By A. Marco Turk
The cornerstone of e-discovery practice is the duty to preserve evidence. For all the publicity cases in this area have genera...
Perspective
Small health care facilities struggle to stay open amid uncertainty
By Howard Ehrenberg
The supply of small, privately owned residential health care facilities is shrinking as owners find it challenging to comply w...
Trump's new nominee for secretary of labor, R. Alexander Acosta, may be qualified for the job, but no matter who will ultimate...
The expansive definition of recreational trail immunizes public entities from liability for nearly all poorly or nonmaintained...
Immigration, Civil Rights
Detaining abuse victim violated federal law
By Julie Greenwald Marzouk
The undifferentiated enforcement of immigration laws has the unfortunate side effect of inhibiting victims from reporting dome...
Given the massive amount of data stolen, the court will likely establish a definitive interpretation of California's data prot...
This week, let's instead consider the British box, which in some areas can save judicial time. I've seen no studies o...
Those concerned about the breadth of executive power in the Age of Trump may find an ally in the unlikeliest of places: the pr...
Ethics/Professional Responsibility
Beware potential perils of attorney blogs
By Perry L. Segal
An attorney's stand-alone blog covering nonlegal subjects won't trigger State Bar oversight — even if it includes a link to th...
In the last few years, the board has taken an expansive view of what constitutes protected concerted activity. By Jeffrey D. P...
Those engaged in civil, family or other non-criminal mediation should beware of the California Law Revision Commission's draft...
Ethics/Professional Responsibility
Keeping that gift horse from biting you
By David M. Majchrzak, Heather L. Rosing
As much as attorneys may be flattered by gifts — and as much as they may want to avoid offending a client they hope will refer...
Consider a hypothetical where a defendant moves simultaneously using Rule 56 (no surprise) and Rule 12 of the federal rules. B...
Representing celebrity clients in the new "clickbait" era: a cautionary tale for defendants (and their lawyers). By Mathew Ros...
Environmental & Energy
Corps of Engineers should study full range Dakota Pipeline alternatives
By Nicholas C. Yost, Dinah Bear
At the end of the day the Dakota Access Pipeline may or may not go forward. But before making any decision, the full range of ...
Although Russia's cyberassault on the 2016 U.S. presidential election is receiving appropriately close scrutiny from governmen...
There are many tools for establishing subject matter eligibility for patent claims that are rejected as allegedly directed to ...
U.S. Court of Appeals for the 9th Circuit
Upholding the ban on the ban: victory for the rule of law
By James M. Cooper
Notwithstanding last week's decision, there will still be chaos at our borders and ports of entry. The poor folks at the Depar...
One of the shortfalls of Black History Month is a shortfall by history in general: Too many heroes go unsung. One hundred and ...
Burden falls on commercial landlords to disclose any disability access issues to tenants and remediate any problems disclosed ...
The administration chance, along with the ongoing deliberations about the future of the Affordable Care Act, will shape False ...
Civil Litigation, Law Practice
Experts and hearsay rules: cross versus direct
By Lawrence P. Riff
Review the basics involving hearsay and experts. The key points: (1) The rules are different on direct vs. cross; and (2) the ...