Justice Elena Kagan took greatest issue with what she characterized as the Ninth Circuit's undue expansion of the protection o...

If the infringer’s use is not a primary trademark use as a commercial product to identify or distinguish source, and is instea...

The Ninth Circuit is set to hear an appeal of dismissal of foreign securities claims for forum non conveniens.

Lewis Brisbois did not reveal these emails out of some desire to raise awareness of racism or sexism. Like a jilted, jealous, ...

We know the applicable law, review the District Judge’s rulings, and learn the facts. If there is bodycam footage, we get it a...

Ciminelli and Percoco are the latest chapter in a long running tug of war between the Court and prosecutors to d...

A defendant’s duty depends on the nature of the sport or activity and its inherent risks. A defendant has no duty to eliminate...

This week, it appears the #MeToo reckoning has reached the legal community; something that lawyers should all welcome a...

As several recent cases illustrate, the remote nature of videoconference depositions has also lent itself to deposition abuses...

Even if the results AI achieves are helpful, its use may foster the atrophy of the human creative brain. If this happens, our ...

If the Court sides with the trial court and PricewaterhouseCoopers, it could open up the door for litigators expanding the gro...

Insurance company wrongfully conflates duty to defend with insured’s potential liability in third party action. On appeal, the...

Legal professionals practicing in the cryptocurrency sector must keep jurisdictional challenges in mind, particularly when dea...

Lower Division States’ agreement provides voluntary conservation option for the Colorado River, but must withstand scrutiny in...

Veteran’s failed suicide led to monumental changes in California’s prisons for incarcerated veterans.

The CEQA early settlement meeting, with careful preparation and facilitation, can build trust with the other side and explore ...

Some Observations on Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.

An attorney used generative artificial intelligence to write a pleading. What followed was a lawyer's worst nightmare. By Pau...

Companies should use the available transition period to establish their disclosures, benchmark against peers and be nimble eno...

The In-Use Locomotive Regulation is the first of its kind in terms of state regulation of in-use locomotives. But the regulati...

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...