Morris is significant because it changed the landscape of ERISA fiduciary duty law on these types of issues in a favora...

It feels strange to celebrate decisions that do not change the law or provide any greater protection of civil rights than exis...

The Gordon court's caveat that liability would extend to a decedent's beneficiaries only when the client's intent is "c...

The Sackett opinion reinforces a recent trend focused on narrow textual readings of statutory requirements and reining ...

Lewis Brisbois did not reveal these emails out of some desire to raise awareness of racism or sexism. Like a jilted, jealous, ...

In most cases you should file a motion to prevent the policy limits from being mentioned in the brief to the Arbitrator. I str...

There are exceptions. Before 2021, student debt cancellation was generally considered a form of income, and therefore taxable ...

The State of Montana, through the passage of Senate Bill 0419, has found itself juggling its protection of Montanans by bannin...

We know the applicable law, review the District Judge’s rulings, and learn the facts. If there is bodycam footage, we get it a...

Ciminelli and Percoco are the latest chapter in a long running tug of war between the Court and prosecutors to d...

A defendant’s duty depends on the nature of the sport or activity and its inherent risks. A defendant has no duty to eliminate...

In remanding the case to the 9th Circuit for further consideration, the Court dropped a tantalizing footnote suggesting that t...

The majority that supported this opinion could not have found a better case to establish that they are not just a political co...

The U.S. Supreme Court has acknowledged that the government may regulate “assault weapons and large-capacity magazines.” At le...

This week, it appears the #MeToo reckoning has reached the legal community; something that lawyers should all welcome a...

A subtle but key aspect of the high Court’s fair-use analysis concerned the reference point from which any alleged transformat...

If an attorney is concerned about a specific risk with regard to a client matter but fails to apprise in-house counsel or seek...

Although lacking the incentives of the federal whistleblower statutes, or the California False Claims Act, California Labor Co...

The California Supreme Court explained that while Government Code section 830.6 immunizes a public entity for creating a dange...

In a recent Ninth Circuit opinion applying California's arbitration law, the question of scope took center stage

Lack of supervision, or ineffective supervision, may constitute a lack of ordinary care on the part of those responsible for ...

One might think that the NLRB must defer to what the U.S. Supreme Court has already ruled, but it need not and probably won’t....

As several recent cases illustrate, the remote nature of videoconference depositions has also lent itself to deposition abuses...

Given the Supreme Court’s propensity for making up new “taking” situations, I propose the following: for those individuals who...

When notice of a proposed rule change regarding filing deadlines was issued, the Third Circuit invited comments – and comments...

In this 283-page book by Tania Branigan about the afterlives of China’s cultural revolution, if the book had a thesis, it wou...

Even if the results AI achieves are helpful, its use may foster the atrophy of the human creative brain. If this happens, our ...

“Berkeley” denoted Bishop George Berkeley, a prominent Irish philosopher. I had only a passing acquaintance with 18th century ...

Cultural interest in marriage was created before the California solemnization of marriage. In some far horizons, many moons be...