U.S. Supreme Court, California Supreme Court
The secret to SCOCA’s consensus
U.S. Supreme Court, Constitutional Law
Law Practice, 9th U.S. Circuit Court of Appeals
Attorney Oath is more than a ritual
My criminal practice causes me to appear in court almost every day. Those experiences have led me to believe that judges and l...
Labor/Employment
While this is being touted as a major victory for employers. It is not that. The Court makes clear that the State may deputize...
U.S. Supreme Court
A sensible Supreme Court is facing threats from within
The challenge now is one of stemming the tide and reversing the growing public perception that SCOTUS no longer commands respe...
Mergers & Acquisitions
The Securities and Exchange Commission on Wednesday adopted a slate of new disclosure rules special purpose acquisition compan...
U.S. Supreme Court, Government, Civil Rights
Recent Egbert decision allows misconduct to fester
Egbert is disheartening because the court returns to its peculiar tradition of selectively shaving and trimming rights and rem...
Ediscovery
The need for mediation in e-discovery – the way forward
Through the mediation of e-discovery issues, litigants can help address outsized litigation costs, curtail the time and costs ...
Litigation & Arbitration, Law Practice, Appellate Practice
In our view, it is a mistake bordering on malpractice for the respondent's counsel to put off the opening statement.
Law Practice, Appellate Practice
Dressed to deceive
Dressing a client to mislead a jury? It’s time to call it what it is - rank deception - and somehow put some limits on it.
Law Practice, Civil Litigation
Attorney public/private partnerships receive a boost
The 4th District affirming the agreement between San Diego and private lawyers may encourage more public-private partnerships ...
Administrative/Regulatory
These decisions will likely bring most SEC administrative proceedings to a screeching halt, at least in the Fifth Circuit.
State Bar & Bar Associations, Legal Education
A “non-exam pathway” would undoubtedly allow many students to obtain licensure who are not minimally competent. Internship pro...
Judges and Judiciary, Government
Connecting California to the Courts
To combat misconceptions about our courts and return the public’s trust in the judiciary, it is essential for the entire legal...
Law Practice, Judges and Judiciary
To my ear the tone was tinged with derision. I tried to shrink my slight, elderly frame into the grain of my big leather chair...
Law Practice
Ego and insecurity hinder diversity
Technology, Intellectual Property, Constitutional Law
Twitter could become a safe haven for cyberbullies
The public debate around free expression and censorship ramped up when COVID skeptics, election deniers and conspiracy theoris...
Technology, Law Practice
Grumpy old guy finally bows to technology
Keeping up with changes in the law practice, including law tech’s benefits and risks, makes good business sense.
Law Practice, Family, Appellate Practice
The transgender child custody discussion
Before we can talk about custody issues regarding transgender children, we must understand the important and complicated conce...
Securities, Mergers & Acquisitions
M&A dry powder will drive spending spree
The volatile capital markets make M&A a more likely path for companies who are unable to raise capital or execute other ty...
Technology, Government, Civil Litigation
Self driving car expectations on a collision course
While other automakers have had lawyers draw up dreamy names to call attention to the fact that the car won’t drive itself, Te...
U.S. Supreme Court, Constitutional Law
The lessons of the leak in Dobbs
How should the leak figure into law school teaching? Perhaps this dramatic departure from accepted norms presents an important...
Civil Litigation
What’s in a name?
As has been observed by commentators, the distinction between use of a name or logo in these types of situations as either hea...
International Law
Given California’s economic prowess in key sectors – agriculture, healthcare, technology and a high-priced housing market – th...
Health Care & Hospital Law, 9th U.S. Circuit Court of Appeals
If the Wit decision is allowed to stand, it will set a terrible precedent for other health care insurers throughout the United...
Entertainment & Sports, Criminal
The saga conjures a world in which wealth and warrior prowess – what we consider the hallmarks of a successful Viking chief – ...
Data Privacy, Civil Litigation
CPRA Series: Part V - Litigation and Enforcement
In this fifth and final installment of our series on the CPRA, we provide an overview of expected enforcement activity, both b...
U.S. Supreme Court
Why now does it seem like the fall of SCOTUS?
The further irony here is the historical conduct of Thomas as a member of this bench: Maintaining a low public profile, almost...
Government, Environmental & Energy, Administrative/Regulatory
EPA has granted waivers to California nearly continuously since the Clean Air Act was enacted in 1970. If the waiver provision...
Law Practice, Data Privacy, Appellate Practice
CPRA Series: Part IV - Data Processing Obligations
Businesses that are heavily reliant on automated decision-making technologies may want to consider adjusting their processes t...