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...
In an action for disability discrimination based on a failure to accommodate, California law does not require the employee to ...
Product Liability
Overturn decision expanding strict product liability law
By Kim Stone
A recent Court of Appeal decision gave the asbestos personal injury a bar a huge gift. The decision means that some service pr...
U.S. Supreme Court
There is no reason not to have hearings on a nominee
By Brian K. Landsberg
When the president and Senate have been called upon to fill a vacancy on the U.S. Supreme Court, they have done so, even in pr...
Much has been said lately about Donald Trump's presidential campaign that is rolling on in spite of his aggressively crude, in...
Arthur L. Gilbert has been dogging me ever since I became a justice on the Court of Appeal over 33 years ago. ...
Self-driving cars are on the horizon, and the nature of the initial regulatory framework will influence the direction of techn...
A genuine commitment to mentoring can help teach the rules of the road that cannot realistically be taught in law schools. By ...
If Mark Zuckerberg invests in Kanye West's musical ambitions, they should think about taxes upfront and document what they int...
Alternative Dispute Resolution
The thin line between puffery and lies
By Phyllis G. Pollack, Caroline C. Vincent
Until the last decade or so, one of the biggest parts of being a lawyer was not even taught in law school: negotiation and neg...
Attorney Richard Wirick reviews "The Future of Professions," by father-son duo Richard Susskind and Daniel Susskind (Oxford Un...