On Jan. 5, the state Supreme Court heard arguments in a case that presents an opportunity to clarify the law regarding litigat...
Law Practice, Ethics/Professional Responsibility
Lawyers as defendants in 2015, Part 1
By Kenneth C. Feldman, Alex A. Graft
We continue with our analysis of Bergstein from last Friday, now focusing on the decision's statute of limitations anal...
Constitutional Law
Ted Cruz, natural born citizen
Article II, Section 1 of the Constitution says that only a natural born citizen is eligible to be president. Is Sen. Ted Cruz,...
Administrative/Regulatory
Going native with the FTC
By Mary Ellen Callahan, Emily Bruemmer
Last month, the FTC released new guidance for businesses on native advertising, loosely defined as online ads that blend into ...
Criminal, 9th U.S. Circuit Court of Appeals
9th Circuit too quick to find jury selection errors
By Lawrence Waddington
Twenty years ago, Congress enacted the Anti-Terrorism and Death Penalty Act, limiting federal appellate courts, under strict c...
Two Court of Appeal opinions published at the tail end of 2015 highlight an important distinction when it comes to deadlines.
There are a significant number of cases this year in which some are urging the court to overturn decades-old precedent.
On New Years Eve, the Authors Guild asked the Supreme Courts to review its claims that the Google Books project violates U.S. ...
Securities, Government, Administrative/Regulatory
2015 a record year for the SEC
By Nicolas Morgan, Sam S. Puathasnanon
Last year, the SEC filed a record 807 enforcement actions and obtained orders totaling $4.2 billion in disgorgement and penalt...
The Volkswagen emission control device case seems to have all the essential ingredients of a criminal prosecution, but on Jan....
Thanks to a new law that went into effect on Jan. 1, California law now fully protects families having children through assist...
Whatever the reason to terminate, the attorney should ensure compliance with all ethical and professional responsibilities. By...
The 11th Circuit recently considered a case where the assignee filed a voluntary bankruptcy petition on behalf of the assignor...
John Sturgeon's 2007 lone hunting trip in the Alaskan wilderness has escalated into a battle over state sovereignty and the re...
Lawyers have an ambiguous relationship with the usefulness of legal norms and decision-making processes outside the courtroom....
Attorneys should familiar with the new rules and the mediation process as applied to ESI disputes, and utilize the mediation p...
As millions of people are looking for tax deductions, can you deduct the cost of getting healthy? By Robert W. Wood ...
Government Contracts
Construction licensing law draconian, possibly unconstitutional
By Bernard S. Kamine
In California, a person who utilizes construction services can sue for return of money paid if the contractor was not licensed...
It's a deceptively simple question with two correct answers: Can Congress pass a law directing the outcome of litigation in a ...
The case will turn on whether California courts hold arbitration agreements to different standards that other contracts when d...
This week, the House of Representatives will vote on a bill dubbed the "VW Bailout Bill," which could severely limit class act...
Absent major reform, we should not only tolerate, but expect, those in command to lie, cheat and steal about the products thei...
Ethics/Professional Responsibility
Tips to avoid client disputes in 2016
By John B. Sullivan
Client disputes cost lawyers time and money, but there are fortunately many preventative steps you can take to reduce the like...
On Jan. 1, California played catch-up for a change and joined at least 27 other states that allow a low-cost way of avoiding p...
In this paragraph is an inchoate New Years' resolution. Not sure whether to do it. A successful businessman I knew said this a...
Insurance, Ethics/Professional Responsibility
Cagey causation in legal malpractice cases
By J. Randolph Evans, Shari L. Klevens
As the complexity and potential exposure of legal malpractice cases continue to evolve, the four basic elements of a legal mal...
CFPB's resolution should be to rein in arbitration
By Alexandra P. Summer
We are all aware of increasing use of arbitration agreements and the court decisions bolstering them. In addition to being law...
On Jan. 5, the California Supreme Court will hear oral argument in Baltazar v. Forever 21, the latest of several signif...
To what extent is Netflix changing as it moves away from movies and toward original television program? ...
Perspective
State arbitration rule rejected
Opposition to class action waivers on both the political and legal fronts persists ...