Civil Litigation
New summary adjudication rules have limitations, too
By Ari J. Stiller
What do you do when the determination of a legal issue could help resolve your case but won't entirely dispose of the case or ...
Beware 'taking the Fifth' on your returns
By Robert W. Wood
It is never good to have a legal argument called 'frivolous.' This is even truer when it comes to taxes. ...
U.S. Court of Appeals for the 9th Circuit
The law sheep grazers love to hate
By Stephen R. Miller
Over the past several decades in Idaho, a power alliance between government and business has formed with only one outlier — th...
U.S. Supreme Court, Constitutional Law, Civil Rights
Kennedy's marriage opinion points the way forward
By Laurence H. Tribe
The Obergefell opinion is the culmination of a decades-long project to enshrine the notion of dignity into the very cor...
If Democrats and Republicans can agree on anything, it's that we don't want government interference in the consumer market, as...
Corporate
Facebook decision reinforces importance of corporate formalities
By Marc Boiron
A recent Delaware case dealt with whether a disinterested, controlling stockholder's ratification of a board action can lower ...
The answer to whether an employee can be fired while on FMLA is familiar to employment attorneys: maybe. By Luis Cardenas ...
There are numerous situations where sharing a portion of a mediation brief with opposing counsel can be useful. By Lou Marlin ...
Most companies typically schedule their annual holiday party without putting too much thought into the risks and possible liab...
The recent classification of "processed meats" as carcinogenic could have implications for California's right-to-know statute....
Many words in the Constitution are hard to interpret. But at least you know what the word "and" means. Or do you? By Samuel L....
Insurance, Ethics/Professional Responsibility
Jettison high malpractice premiums
By J. Randolph Evans, Shari L. Klevens
Despite popular opinion, law practices can do things to lower the cost of their legal malpractice insurance. ...
With 4,363 veterans sleeping on the streets or in shelters every night, Los Angeles County has more homeless veterans than any...
No matter how patriotic you are, and no matter how pristine your books, no one wants to be audited. By Robert W. Wood ...
U.S. Supreme Court
Courts must consider all class members, not just the 'average' member
By Richard A. Samp
Far too many courts have certified plaintiff classes in cases far from what the drafters of the FRCP had in mind. By Richard S...
Labor/Employment
In many states, the Supreme Court's Friedrichs decision won't matter
By Daniel Hemel
Regardless of the court's decision, public sector unions in many states will still be able to be reimbursed for representing n...
Labor/Employment, Government, Admiralty/Maritime
FEHA amendment will cause problems for employers
By Thomas L. Dorogi
AB 987, signed this year, amends California's Fair Employment and Housing Act, to prohibit retaliation against an employee for...
Perspective
New law will level playing field for Section 998 offers
By Karen R. Frostrom
Prior to a recent amendment, Section 998, which provides a mechanism to encourage pre-trial settlement, favored defendants. By...
For the second time, researchers have discovered a large number of Apple apps that collect personally identifiable information...
On Tuesday, the Supreme Court hears arguments about whether the government can prevent a defendant facing federal criminal cha...
California Supreme Court
Can a juvenile prosecution begin with just a grand jury indictment?
By Cyn Yamashiro
People v. Arroyo, argued last week, presents the state Supreme Court with an opportunity to California's juveile crimin...
Law Practice
Outgoing CAOC president says organization is 'stronger than ever'
By Craig Anderson
Brian D. Chase hailed the organization's legislative achievements at its annual dinner Saturday ...
A Delaware bankruptcy court recently dismissed several Chapter 11 bankruptcy cases associated with a project in the Bahamas, e...
We're first again on data privacy
By Robert E. Braun, Michael A. Gold
A new California law is the first state law to prohibit law enforcement from searching digital communications without a warrant.
Alternative Dispute Resolution
Battles expose core problems with arbitration system
By Jeremy K. Robinson
Recent cases filed against San Francisco-based 23andMe provide a glimpse at the litigation tar pits arbitration clauses can cr...
Perspective
How RBG and O'Connor defied the odds, and changed the world
By Tyna Thall Orren
A review of "Sisters in Law: How Sandra Day O'Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World."...
U.S. Supreme Court
Veterans case removed from oral argument calendar
By C. Peter Dungan
The Supreme Court canceled oral arguments scheduled for Monday in a case dealing about a program to support veteran-owned busi...
Alternative Dispute Resolution
In defense of mediation confidentiality
By Jan Frankel Schau
It's critical to preserve confidentiality in mediation for the process to work.
A recent survey of 193 law schools shows most still don't provide in-depth e-discovery training. ...
There is malpractice insurance for when a lawyer makes a mistake. But what happens when a judge errs? By Gregor A. Hensrude an...