Law Practice, Appellate Practice
Trial tips for direct and cross-examination
The most effective lawyers at cross-examination ask only questions calling for a “yes” or “no” answer.
Labor/Employment
The clock is ticking on rounding
Employers who round time adjust employees’ hours worked might have made sense in a pre-technology era in which handwritten tim...
Law Practice, Appellate Practice
Leading questions and cause challenges
Code of Civil Procedure sections 225 and 229 specify grounds for a cause challenge based upon bias, either implied or actual. ...
Guide to Legal Writing, Law Practice, Appellate Practice
Bah Humbug
We see a surprising number of briefs that level ad hominem attacks on the opposing party, opposing counsel, and the trial judg...
Technology, Data Privacy
The recent Minnesota district court decision suggests that a "data breach" triggering cyber coverage may occur where a bad act...
Labor/Employment
The Legislature could preserve daily overtime generally while providing scheduling flexibility by allowing individual employee...
Military Law
The Commission voted unanimously on each of the names it recommended for renaming.
Construction
“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...
Constitutional Law, Civil Rights
Equality for one, equality for all
With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...
Litigation & Arbitration, Family
When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...
Technology
Open-source license enforcement; risk to companies
Though open-source software is offered for free, using it can carry hidden costs.
Law Practice, Appellate Practice
The pandemic, Zoom, and a “new” civility
With stay-at-home orders and the limited availability of courts, we learned to negotiate – without threats.
Intellectual Property
One lesson is that a grant to a bare right to sue does not afford sufficient standing to assert copyright infringement.
Class Action
Your Honor, please drop my case
The Class Action Fairness Act set off a “jurisdictional ping-pong game” where plaintiffs sought to have the case heard in stat...
Judges and Judiciary, Administrative/Regulatory
Special Masters: The court’s (not so) secret weapon
Now is the time for the expanded use of special masters. Over the past two and half years, Covid-19 significantly disrupted ci...
U.S. Supreme Court, Technology, Civil Rights
If the Court follows Justice Thomas and narrowly reads Section 230 only to protect “distributors” from “publisher” liability, ...
Health Care & Hospital Law, Government
If you care about a woman’s dignity and reproductive autonomy, you must investigate whether the state to which you are traveli...
U.S. Supreme Court, Intellectual Property
Intellectual property at the Supreme Court
The Supreme Court turned its attention to intellectual property in a big way in 2022, taking up cases that could significantly...
California Supreme Court
California Supreme Court Review: October 2022
Two recently-accepted cases suggest that the Court is focused on assessing the power dynamics in common contracts and that ...
Family
We should never be Royals
For attachment orders in financial elder abuse cases, we should never be Royals. This case clarifies and reminds practi...
Securities
Curing a potential delisting
Reverse stock splits are commonly used to avoid delisting, though they are generally seen as a sign that a company is in troub...
Labor/Employment
Torts Illustrated: Employees, yes you cann...abis
It would be contradictorily disjunctive to permit cannabis use recreationally as a state, but still allow employers to discrim...
Technology, Intellectual Property
The court's Warhol Foundation decision will address human-generated art, but it's easy to see how its reasoning could a...
Civil Litigation
It’s notable that corporate legal teams are increasingly using commercial legal finance, as this reflects its continued normal...
Labor/Employment, Contracts
Unintended consequences of confidentiality clauses
The insertion of a confidentiality clause into a settlement agreement of a personal injury claim, or one for emotional distres...
U.S. Supreme Court, Civil Rights
Alabama is attempting to capitalize on the view that the Fourteenth Amendment’s Equal Protection Clause demands “colorblindnes...
Ediscovery
Mobile messaging and e-discovery
So, just like social media posts and other forms of digital communication, text messages can be used in court as evidence and ...
Government, 9th U.S. Circuit Court of Appeals
Chalking Tires
For now, the Circuits are split on this issue, and we will have to wait and see if the Supreme Court will take the time to dra...
U.S. Supreme Court, Native Americans, Family
A matter of life or death
SCOTUS should strike down ICWA’s race-based burdens
Law Practice, Appellate Practice
Practice tips for a great opening statement
Don’t start out with or use the phrase, “the evidence will show.” It’s weak.