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Law Practice, Appellate Practice

The most effective lawyers at cross-examination ask only questions calling for a “yes” or “no” answer.


Labor/Employment

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

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

Dec. 16, 2022

We see a surprising number of briefs that level ad hominem attacks on the opposing party, opposing counsel, and the trial judg...



The recent Minnesota district court decision suggests that a "data breach" triggering cyber coverage may occur where a bad act...


The Legislature could preserve daily overtime generally while providing scheduling flexibility by allowing individual employee...



The Commission voted unanimously on each of the names it recommended for renaming.


“[T]he Kartons [came] out swinging, apparently believing the best defense is a good offense. This approach demonstrates the tr...



Constitutional Law, Civil Rights

With the Second Appellate District's partial publication of its decision in Allen v. Staples, Inc., 84 Cal.App.5th 188 ...


When a party acknowledges their mistakes and commits to correcting them, case settlement and better case outcomes are not only...



Though open-source software is offered for free, using it can carry hidden costs.


Law Practice, Appellate Practice

With stay-at-home orders and the limited availability of courts, we learned to negotiate – without threats.



One lesson is that a grant to a bare right to sue does not afford sufficient standing to assert copyright infringement.


Class Action

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

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

The Supreme Court turned its attention to intellectual property in a big way in 2022, taking up cases that could significantly...



California Supreme Court

Two recently-accepted cases suggest that the Court is focused on assessing the power dynamics in common contracts and that ...


Family

For attachment orders in financial elder abuse cases, we should never be Royals. This case clarifies and reminds practi...



Securities

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

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...


It’s notable that corporate legal teams are increasingly using commercial legal finance, as this reflects its continued normal...



Labor/Employment, Contracts

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

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

Nov. 21, 2022

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

SCOTUS should strike down ICWA’s race-based burdens


Law Practice, Appellate Practice

Don’t start out with or use the phrase, “the evidence will show.” It’s weak.