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Law Practice, Civil Litigation

A recently issued protocol has gone relatively unnoticed, but litigators should add the ISO’s suggested practices to their tec...


California Supreme Court, Appellate Practice, 9th U.S. Circuit Court of Appeals, Civil Litigation

Mooting mootness

May 1, 2018

You guessed it: There are exceptions to the familiar justiciability doctrine of mootness.



Civil Litigation

Learn about the standards for recovery of fees as well as standards for appellate review of fees.


Delay affects each person who is subject to serial continuances awaiting disposition. It is tragic. It is costly to parties, t...



These programs are helping create a generation of “social justice solos” while diversifying the legal profession.


Judges and Judiciary, U.S. Supreme Court, Government, Constitutional Law

We are fortunate that most people have forgotten that Article III judges were unceremoniously removed from office and that the...



Judges and Judiciary, Civil Rights, California Supreme Court

We all have a stake in language access in California courts — the legitimacy and viability of the legal system in such a diver...


If fighting for your fees is going to trigger a lawsuit you might lose, it's best to settle than fight for a full recovery.



Mergers & Acquisitions, Law Practice

Without adequate foresight, a client may find that control of the privilege is now in the hands of the successor corporation.


Probate, Law Practice

When confronted by an elderly transferor, every competent estate attorney must reflexively obtain a California certificate of ...



U.S. Supreme Court, Civil Litigation, Intellectual Property

The frequency with which the U.S. Supreme Court has, in recent years, been changing patent law is dizzying, and the court ofte...


Intellectual Property, Civil Litigation

Until a recent Federal Circuit ruling, the practical application of these duties and burdens in litigation was hotly disputed,...



Civil Litigation, Law Practice, Appellate Practice

Navigating Appeals

Apr. 16, 2018

Set sail on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.


Law Practice, Law Office Management

In some cases, an entire law firm can be disqualified if the firm hires an attorney who has acquired, or could possibly have a...



U.S. Supreme Court, Criminal, Constitutional Law

A duty to de-escalate

Apr. 12, 2018

It’s time for a new standard: Police should be legally required to de-escalate or use alternatives to deadly force whenever po...


Health Care & Hospital Law, Government

Lawsuits should not be the first recourse to sound mental health policy and effective programs.



Civil Litigation, Government, Administrative/Regulatory

The commission was so preoccupied with whether or not it could regulate short-term rentals, it didn't stop to think if it should.


Civil Litigation, Law Practice

An attorney who is called to serve as a witness in an action faces unique risks -- even one who has questioned hundreds of wit...



Civil Litigation, 9th U.S. Circuit Court of Appeals

Notwithstanding some unfortunate language in prior cases, there really is not any such burden-shifting doctrine associated wit...


Constitutional Law, International Law, Government, Administrative/Regulatory

On March 23, President Donald Trump signed a law that could undo the very protections for privacy and autonomy that American c...



Letters, Judges and Judiciary, Government

When any of us fail to “take actions that place the good of society above self-interest,” the public perception of the integri...


Law Practice, Judges and Judiciary

Crayfish to judges

Apr. 2, 2018

Note to valued readers: What appears in the following column is not an April Fools' joke. Please observe that the publication ...



Civil Litigation, Law Practice, Judges and Judiciary

If you want an interested judge, you need to be an attentive advocate.


A 2017 survey of lawyers' professional liability insurers shows an upward trend in the average fees and costs incurred in defe...



Judges and Judiciary, Letters, Law Practice, Government

As Justice Anthony Kline reminds us, certain developments in recent years have threatened to make it more difficult for courts...


Government, 9th U.S. Circuit Court of Appeals

If courts allow companies to use the Computer Fraud and Abuse Act to block automated access by competitors, it will threaten o...



Law Practice

The widening gap between how the law is expected to be (and generally is) practiced, and certain events transpiring in our pol...


Law Practice

Even in light of a life-altering disaster, an attorney must act competently, preserve confidentiality, maintain confidentialit...



Government, Judges and Judiciary, Criminal

During Monday’s State of the Judiciary address, Chief Justice Tani G. Cantil-Sakauye once again called on California lawmakers...


Government, Criminal, California Courts of Appeal

Does the judicial branch ever tell the political branches of government, "Hold my beer"? The recent efforts to reform Californ...