In two recent decisions, judges of the U.S. District Court for the Northern District of California have brought clarity to the...
Perspective
A strong spirit may transcend rules, just not probate rules
By Blake A. Rummel
Our dearly departed Prince, a person who had the resources to receive advice and guidance from the finest estate planners, app...
There is an active market in complaints that law practice is no longer as honorable or enjoyable as it used to be. By David M....
When I used that term in my last column, I caught hell for it.
The loss of a dear, close friend like Richard is difficult to bear. But there is comfort in his palpable and continued presenc...
Alternative Dispute Resolution
Family law mediations require confidentiality
By Fern Topas Salka, Frederick J. Glassman
It has long been recognized that the sine qua non of mediation is the assurance of confidentiality, which is crucial to the op...
How long should we expect it to take for laws and regulations to evolve from a world of mechanical-based automobiles to one in...
State Bar & Bar Associations
Policy decisions are better when informed by data
By Randal John Meyer
Most people agree that it is good to inform policy decisions with empirical data. Then again, the California State Bar is not ...
In one of the most important cases of our generation, the California Court of Appeals ruled that there is no minimum guarantee...
Security experts have agreed that a "unicorn system" that is both secure and open to law enforcement simply isn't plausible. B...
Ethics/Professional Responsibility
An attorney's duty to supervise
Within the grand architecture of legal ethics, the attorney's duty to supervise subordinates might be compared to a prosaic co...
Perspective
Lien satisfaction isn't a condition precedent to settlement payments
By Steven H. Kruis
If settlement proceeds are not used to reimburse Medicare, counsel who have held the settlement funds, as well as the insuranc...
What many lawyers do not realize is that pursuit of claims under statutes that do not allow for fees may provide fees by "osmo...
Perspective
Federal trade secrets protection: DTSA will close gap in law well known to Silicon Valley
By Karineh Khachatourian
The Defend Trade Secrets Act seems to address a gap in the current California trade secret laws and precedent that Silicon Val...
Perspective
Federal trade secrets protection: Law would create more problems than it solves
By Bradford K. Newman
The reality is that the Defend Trade Secrets Act will create more problems than it solves as it's injected into the current st...
You keep using the word "indictment." I do not think it means what you think it means. By David Graulich ...
Judge Garland does not himself have an obvious disability or life experience with disability that is yet part of the public re...
U.S. Supreme Court
Justices search to limit FCA rather than axing legal theory
By Jonathan Schmidt
The Supreme Court didn't seem interested in adopting either side's position at oral argument in a recent case about the False ...
Intellectual Property
Current thinking in law firm BYOD practice is outdated
By Joseph M. Burton
However well-meaning demands to use our own personal devices may be, law firms and attorneys are required by strict ethical st...
The United States Patent and Trademark Office recently published for comment proposed rule changes governing practice before t...
Labor/Employment
State judges should ignore Iskanian's take on federal law
By Dennis Moss
Given National Labor Relations Board decisions following Iskanian, such tempered deference to the decision is not warra...
In this debate, there are few easy answers. By David W. Opderbeck ...
Several recent cases, including a Supreme Court ruling last week, mark the beginning of a transforming regulatory landscape fo...
No one wants to feel like a loser. But if you ever should want a reason to hate yourself a little more, then do what I did las...
Tom Cruise once told us that we couldn't handle the truth. It's become clear now that Hollywood can't either. That's because a...
Securities, Government, Administrative/Regulatory
A major win for criminal defense attorneys
By Thomas A. Zaccaro, Nicolas Morgan
In a recent ruling, the Supreme Court said that an asset freeze violates a defendant's Sixth Amendment right to counsel when s...
Whether or not to self-report violations of the Foreign Corrupt Practices Act has constituted a problematic and vexing questio...
A recently issued and strongly worded opinion by a federal court of appeals held that the district court "significantly overst...
Things such as typos or open warfare between subject and predicate will — like it or not — make some readers suspect that your...
Labor/Employment
9th Circuit says it's too late to quibble in Tibble ERISA case
By M'Alyssa C. Mecenas
As one Spanish proverb goes, "To change one's mind is rather a sign of prudence than ignorance." The latest installment in the...