That is one of the lessons from one of the first district court decisions to assess, after Myriad, the question of what...

Many observers will focus on California as ground-zero in the post-nuclear landscape because numerous Golden State nominees wi...

California has once again received the dubious distinction of being named our nation's number one "judicial hellhole" by the A...

A recent case is no ordinary denial-of-benefits ERISA case; the court affirmed a precedential damages award based on the theor...

Since October, the 2nd District Court of Appeal has reversed three trial court orders that had denied class certification in t...

The 9th Circuit recently announced that it would begin live video streaming of its en banc proceedings, but this is far too li...

Much has been written since about the so-called "nuclear option" rules change in the Senate. Perhaps not enough has been writt...

The objective of this article and self-study test is to familiarize readers with the cy pres doctrine. Earn MCLE. ...

Orly Lobel has written an important book challenging the way we should think about human capital. We ignore her prescriptions ...

We know how Bob Dylan's poetry has fared in the eyes of lawyers and jurists. But what about the reciprocal view? ...

What should you do when the trial court throws out the cause of action or legal theory at the heart of your case, but leaves s...

We know how Bob Dylan's poetry has fared in the eyes of lawyers and jurists. But what about the reciprocal view? ...

What the FDA is really saying is that it thinks John and Jane Q. Public are so dense that 23andMe will cause an epidemic of pr...

There has been substantial litigation over what a claim is and when a claim is first made.

Judges may not be fed up with insulting, discourteous, obdurate or offensively familiar counsel, but I am. ...

In just over a two-month span, the U.S. District Court for the Northern District of California has issued two diametrically op...

Now starts the season of reflecting on the recent past. The good of course is sometimes easy to forget; the bad and the ugly, ...

There has been relatively little published activity by state appellate courts regarding the size of punitive damage awards unt...

In decades past, before the ubiquity of the disembodied voice, we heard the old-fashioned voice. Remember?

The nature and scope of audits is changing.

Last week three women became the first ever to successfully complete the punishing U.S. Marine Corps infantry course.

Can the IRS come along and claim that a "loan" you received isn't a loan at all and was actually income? Yes, it can.

Earn MCLE credit reviewing the rules for calculating restitution for victims of crimes.

When I sat down to read Dwight Golann's "Sharing a Mediator's Powers: Effective Advocacy in Settlement," I was struggling to r...

Sometimes people simply are not who they say they are.

The state high court recently held that an insured can maintain a suit for violations of the unfair competition law based on c...

The landscape of trade secrets in China is fraught with contradictions.

As the state high court seemed to be indicating in their comments at the hearing, Glass will in all likelihood remain a parale...

When it comes to literary characters - including Sherlock Holmes - it's not so easy to detect when something enters the public...

States are divided when it comes to the greenhouse gas cases pending before the U.S. high court. ...