Non-delegable duty of logistics broker carriers in California
By Brian S. Kabateck, Doug Rochen
Over the past several years, the business of "transportation logistic brokers" has substantially increased in the United States.
The date of separation, a pivotal issue in a dissolution or legal separation matter in California, has primarily been defined ...
Insurance
Scrutinize every lawsuit for claims of defamation
By Dominic Nesbitt, Gary W. Osborne
One of the biggest problems with every CGL insurance is that policyholders often do not read their policies to find out what i...
Recent suits over college athletes' names and likenesses are just part of a multi-front battle the NCAA is currently facing. ...
U.S. Supreme Court, California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals
FAA trumps state law, again
By Felix Shafir
A recent case may represent a new front in the ongoing division between plaintiffs and defendants over the continuing vitality...
The prosecution in the Freddie Gray case had alleged second-degree murder, manslaughter and assault after a one-day investigat...
Whether a company's employees are feeling the Bern or looking to shore up Donald Trump's wall, they no doubt have their finger...
In the late 1970s, most teenagers grew up on a steady diet of "The Brady Bunch" That was definitely not the case with Taiwan-b...
Some lawyers think, "I file a complaint because I'm right on the facts and the law. And I file an appeal when I think the tria...
U.S. Supreme Court, Judges and Judiciary
Judging requires value choices
By Erwin Chemerinsky
Let's all stop pretending that there is such a thing as value-free judging and let's get rid of silly slogans like, "justices ...
A few things for a firm to consider when a partner decides to leave. ...
A recent 9th Circuit opinion dealt with the legality of "tip pooling," a common practice in many states, including California....
Some defense attorneys appear to favor withholding that their client is financially challenged. I would argue that is a seriou...
The highly anticipated release of driverless vehicles onto American roads promises to change forever our relationship with our...
The first time many lawyers are faced with a State Bar complaint, they react from a place of ignorance. By David Carr ...
One resource district courts have been using to deal with the onslaught of these cases is the strict time requirements in thei...
The failure to adequately do so attorneys in the position of having to choose between doing the best he or she can to represen...
When I saw Senate Bill 813, recently introduced in the California Legislature, which aims to do away with California's statute...
Perspective
FRCP changes and discovery under patent local rules
By Lauren E. Whittemore
The idea of proportionality in civil discovery itself is not new — the amended rules simply makes it explicit. By Lauren Whitt...
Corporate governance is fundamentally broken. Not because of the long-standing debate between short-term and long-term investo...
After it announces a legal standard in a pair of patent cases, will the Supreme Court apply it to the facts of these ca...
U.S. Supreme Court, Constitutional Law
Thomas stands firm for Scalia
By Charles S. Doskow
It is not coincidental that the occasion for his breaking his silence was the absence of the legendary energetic questioner wh...
U.S. Supreme Court, Labor/Employment, California Supreme Court
Doubts about PAGA passing muster
By Steven B. Katz
It is time for the courts to squarely address whether PAGA passes muster under the separation of powers doctrine, and the answ...
Insurance, Ethics/Professional Responsibility
Picking the right insurance coverage for your firm
By J. Randolph Evans, Shari L. Klevens
Attorneys should not wait until a claim has been filed against them to check the scope and limitations of their legal malpract...
Litigation
Need a statement of damages in that subrogation case?
By Randolph M. Hammock
In a typical subrogation case, an insurer seeks reimbursement from the defendant for property damages. However, sometimes part...
Law Practice, Law Office Management
5 things to consider when it is time to leave your firm
By Daniel O'Rielly, Dena Roche
By now, it is an established fact that one of the characteristics of practicing law in a law firm is attorney mobility. ...
For non-exceptional American behavior, it seems hard to find worse than the actions of certain Americans in connection with th...
The EPA recently proposed new legislation that promises to have a stinging impact on the performance seeking after-market indu...
Should the time spent to pursue mediation, pursuant to a trial court order that stayed the case, toll the five-year statute wi...
A recent Court of Appeal opinion reminds us the definition of domestic violence sufficient for the issuance of a DVPA domestic...