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Constitutional Law, U.S. Supreme Court

The "disparagement clause" in Section 2 of the Lanham Act violates "bedrock" First Amendment principles and is therefore facia...


Real Estate, Probate, Construction

Since 1970, California law has granted California residents substantial protection for their assets from legal claims of credi...



Administrative/Regulatory, Environmental & Energy

The approximately 31 percent proposed cut from current spending levels is a staggering figure for any institution, public or p...


Constitutional Law, U.S. Supreme Court

Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...



U.S. Supreme Court, Constitutional Law

If the U.S. Supreme Court defined privacy in terms of what protects our personhood, it would obviate an inquiry into the wheth...


U.S. Supreme Court, Constitutional Law

A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...



After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...


Armed with a recent appellate decision, trial courts should readily sustain demurrers where such causes of action are nothing ...



Since 1979, a select group of hand-picked individuals from the State Bar's Special Master's List have been responsible for car...


Law Practice

If approved, new fee-sharing agreement rules will better protect clients by requiring that informed written consents be obtain...



Law Practice

Fresh on the heels of its prior opinion discussing confidentiality, the State Bar of California closed out 2016 with an ethics...


Administrative/Regulatory, 9th U.S. Circuit Court of Appeals, Environmental & Energy

Earlier last month, the 9th Circuit issued three opinions that together addressed whether counties in Hawaii are preempted fro...



Law Practice, State Bar & Bar Associations

MFAs are a great way for lawyers to resolve fee disputes and avoid malpractice claims and State Bar complaints.


Election Day 2016 added yet another tourist attraction to the already overpopulated Golden State: marijuana. For California la...



Judges and Judiciary

In the middle of several heavily contested political campaigns, it is easy to find barbs directed from one political candidate...


Judges and Judiciary, Law Practice

Although there are fine ethical lines between the competing responsibilities of zealous advocacy and dishonesty -- fortunately...



Criminal, State Bar & Bar Associations, California Supreme Court

The State Bar Board of Trustee's recently adopted the two of the California Rules Revision Commission's proposed amended Calif...


Law Practice

The California lawyer who seeks to represent clients in another jurisdiction must thoroughly research the law in that jurisdic...



The State Bar released the Second Commission for the Revision of the Rules of Professional Conduct's draft rules for public co...


Lawyers are entrusted with a great deal of private information about people who are not our clients. Are we obliged to exercis...



Social media can be a great resource for investigating parties and witnesses, forging a brand and promoting a practice. Howeve...


State Bar & Bar Associations, Law Practice

Because most lawyers would prefer to visit bars to sip cocktails and not defend against client complaints, there are steps law...



Law Practice

Earlier this month, the American Bar Association approved Model Rule 8.4(g), making discrimination and harassment a black lett...


State Bar & Bar Associations, Law Practice

Chances are that you never learned about the State Bar discipline process in law school, and you likely did not learn about th...



A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...


U.S. Supreme Court, Constitutional Law

A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...



Constitutional Law, Criminal

Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...


Alternative Dispute Resolution

Ready, Aim, Mediate

Apr. 2, 2013

Tips on how to have a successful mediation. ...



Judges and Judiciary

A Moral Choice

Sep. 7, 2010

The moral of the story? Perhaps running against an exceptionally well-qualified judge demonstrates lack of judgment.


Judges and Judiciary

The unseating of San Francisco County Superior Court Judge Richard Ulmer will have a far greater politicizing effect than many...