The Supreme Court issued two opinions limiting the reach of the federal fraud statutes and eliminating often-used theories fro...

The decision, which affirms the 2nd Circuit’s findings in the landmark copyright case, rebalances the fair use doctrine to pla...

With the proliferation of contract forms requiring arbitration of real estate disputes – including those published by the Cali...

As a former federal prosecutor, a constitutional law scholar and a former judge, we believe the Court made the right decision....

This is likely not the final word on cost-shifting of 998 costs and expert fees. Given the clear divide among the appellate ju...

While Texas, Illinois, and Washington are currently the only states with dedicated biometric privacy laws, many states have ex...

The 1968 decision in Bruton v. United States – which acts as a defensive shield for defendants – has witnessed a slow erosion ...

Expert opinions rife with methodological issues could result in a complete dismissal of the litigation.

For litigators looking to challenge state regulations that reach into the affairs of other states, the most profound insight c...

Recent California Appeals Court decisions reveal that although COVID-19 certainly classified as a force majeure, individualize...

Litigation financing levels the playing field between the plaintiff – whose funds are limited – and the liability insurance ca...

Both insurance companies and insurance holders with policies requiring direct physical loss or property damage to trigger cove...

The painting’s subject matter and its centerpiece-placement at Crow’s private luxury resort show not just the importance of th...

The behind-the-scenes negotiations between Fox News and Dominion Voting Systems ended up accomplishing far more, in terms of a...

Class settlements often involve unique deal terms that can implicate counsel's ethical obligations. Two areas that have been t...

The United States military’s dress code requirements preventing Sikhs from having beards and wearing turbans and religious art...

Familiarity with literature and the humanities as a human, as opposed to an unthinking machine searching for words, is our tri...

The nature, custom, and practice of opinion writing at the Supreme Court (and all other appellate courts as well) tells us how...

Treatment courts work. They work because they intelligently apply public health best-practices and clinical wisdom to help the...

The difference between SIRs and deductibles is that “the policy limits apply on top of the SIR,” but a deductible “reduces the...

It seems increasingly common to overhear conversations from lawyers about what to do when they cannot determine which funds be...

As California moves toward interstate cannabis commerce, and courts grapple with whether cannabis social equity provisions can...

The divide between the majority and dissent seems to be symptomatic of some murkiness in this area of First Amendment doctrine...

Under current law, victims have little recourse other than filing for Chapter 7 bankruptcy, which destroys their credit.

The ramifications of a Supreme Court ruling on the Act’s scienter requirement could be far-reaching. Since its modernization i...

The Supreme Court seemed genuinely perplexed as to why the Code was absent any language referencing Indians or Tribes.

A bill has been introduced that would ban certain additives found in foods commonly consumed by children. Although California ...

Why AI programs will never come close to producing an opinion as elegant and enduring as Cardozo's Hynes v. N.Y. Cent <...

The duty to account to named beneficiaries typically does not begin until the trust can no longer be revoked. (§ 16069(a).) A ...