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Law Practice, Appellate Practice

The airwaves, billboards, and internet, are now flooded with legal advertising – one result of which is to generate tens of mi...


Law Practice, Judges and Judiciary, Appellate Practice

Despite Batson/Wheeler, Black jurors are the subject of peremptory challenges about 72% of the time. In contrast, White jurors...



Antitrust & Trade Reg.

To date, only one court has entered an order finding satisfactory cooperation and a limitation of damages pursuant to ACPERA. ...


Law Practice, Judges and Judiciary, Appellate Practice

Courts are used to warning counsel about “bells” that cannot be “unrung” for the jury, but it turns out a fatally flawed trans...



Tax, Real Estate, Land Use, Civil Rights

City ordinances need to be carefully crafted so they do not single out religious institutions in name or application.


Law Practice, Labor/Employment, Appellate Practice

With so much employee mobility today, law firms need to create an environment where their best people don’t want to leave.



Government, Civil Rights

Thompson said that the officers could not enter without a warrant. The officers pushed their way in, shoving Thompson to the f...


The next time you are negotiating and reviewing contracts, remember the whereas clauses. Those sentences that begin with old, ...



Military Law, Government

Besides the embarrassment and humiliation involved in disclosing the family was hungry, the service member was required to get...


Litigation & Arbitration, Civil Litigation

Any comparison to three-dimensional chess, however, is insufficient by itself to illuminate the nearly unlimited facets of pro...



It is inconceivable but true that SCOTUS is the only judicial entity in the land that does not have a binding set of ethics co...


In the age of social media, one’s words can take on a life of their own, regardless of disciplinary consequences and First Ame...



U.S. Supreme Court, Litigation & Arbitration, Labor/Employment

Nothing happened in the argument to suggest that the predictable majority has evaporated. Overall, the justices in the predict...


Ginni Thomas’ words and actions have caused some academic and other commentators to find that Justice Thomas should have recus...



The question remains: what are Justice Thomas’ ethical obligations now and into the future should another election or Jan. 6 c...


Legal Education, Environmental & Energy

Before we undermine the integrity of our state’s environmental protection system, we should do a reality check on the UC Berke...



Alternative Dispute Resolution

Had Vince Lombardi coached mediators and not football players, his famous proverb might sound something like this: “Great comm...


Insurance, Civil Litigation, California Supreme Court

On March 10, the California Supreme Court announced that it has declined to weigh in — for now — on the biggest brewing insura...



For countless law enforcement agencies, the scope of disclosures they are legally required to make often turns on what constit...


Consumer Law, California Supreme Court, California Courts of Appeal

Subrogation is commonly described as a legal device that allows one person to "step into the shoes" of another in relation to ...



Law Practice

How to fire a client

Mar. 16, 2022

This has probably never happened to you: The facts turn out to be very different than initially relayed by your client. Or a c...


California Supreme Court, Banking

In a landmark decision sure to have a significant impact on the real estate banking industry, the California Supreme Court dec...



Labor/Employment, Government

We need political willpower and cooperation among officials to hold bad actors accountable for wage theft in L.A.


U.S. Supreme Court, Government, Constitutional Law

Don’t miss the broader legal significance of the Supreme Court’s vaccine-or-test cases.



Securities, Law Practice, Civil Litigation

As we enter the third month of 2022 amid swirling uncertainty in many aspects of professional and personal life, legal practit...


Law Practice, Judges and Judiciary

While my colleagues and I strongly support education and awareness to heighten our sensitivity to implicit bias, I cannot help...



Military Law, Labor/Employment, Criminal

What led up to recent executive order making sexual harassment an offense under the Uniform Code of Military Justice?


Almost immediately after the filing of a new complaint or a decision on a dispositive motion, attorneys may receive a call fro...



State Bar & Bar Associations, Government

How do we hold attorneys accountable for alleged misconduct that is not a matter of shortchanging clients, but rather an effor...


Intellectual Property, Civil Litigation

As part of its fair use analysis, the district court opined that Corellium’s use was transformative: Its product did not merel...