Securities, Corporate, Mergers & Acquisitions
IPOs: people, planning and critical path items
Once a company has determined an IPO is the right choice for them and have implemented the necessary steps to prepare for beco...
Intellectual Property, Civil Litigation, 9th U.S. Circuit Court of Appeals
Brand owners rejoice at Google ruling
The 9th Circuit recently held that "verb use [of a trademark] does not necessarily constitute generic use."
U.S. Supreme Court, Constitutional Law
Giving offense is a viewpoint
The "disparagement clause" in Section 2 of the Lanham Act violates "bedrock" First Amendment principles and is therefore facia...
Real Estate, Construction, Probate
California contractors: Protecting assets from lawsuits
Since 1970, California law has granted California residents substantial protection for their assets from legal claims of credi...
Administrative/Regulatory, Environmental & Energy
What we can learn from Trump's EPA budget
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
SEARCH WARS: Return of the Judiciary
Whereas the first two articles looked at the present and the past, respectively, this article looks to the future by asking ho...
Constitutional Law, U.S. Supreme Court
SEARCH WARS: The Fifth Amendment Strikes Back
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
SEARCH WARS: A New Hope for Definitional Clarity
A long time ago, in a courtroom far far away, a disturbance in the Fourth Amendment first manifested itself. ...
Law Practice
Don't let conflicts of interest get you down
After working hard to bring in a new client or matter, the prospect of losing the client or matter because of conflicts is dif...
Law Practice
Breach of fiduciary duty vs professional negligence
Armed with a recent appellate decision, trial courts should readily sustain demurrers where such causes of action are nothing ...
Law Practice
Knock knock! State Bar special master at your door
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
An anticipated evolution of fee-sharing
If approved, new fee-sharing agreement rules will better protect clients by requiring that informed written consents be obtain...
Law Practice
Bar unleashes attorney blogging opinion
Fresh on the heels of its prior opinion discussing confidentiality, the State Bar of California closed out 2016 with an ethics...
9th U.S. Circuit Court of Appeals, Administrative/Regulatory, Environmental & Energy
Rulings impact sustainable food movement
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
Mandatory fee arbitration: a primer
MFAs are a great way for lawyers to resolve fee disputes and avoid malpractice claims and State Bar complaints.
Criminal
Can California lawyers ethically light up?
Election Day 2016 added yet another tourist attraction to the already overpopulated Golden State: marijuana. For California la...
Judges and Judiciary
Be civil, for clients' sake
In the middle of several heavily contested political campaigns, it is easy to find barbs directed from one political candidate...
Law Practice, Judges and Judiciary
Walking the thin zealous, ethical advocacy line
Although there are fine ethical lines between the competing responsibilities of zealous advocacy and dishonesty -- fortunately...
Criminal, State Bar & Bar Associations, California Supreme Court
High court weighs new prosecutor rules
The State Bar Board of Trustee's recently adopted the two of the California Rules Revision Commission's proposed amended Calif...
Law Practice
Can an attorney be in two places at once?
The California lawyer who seeks to represent clients in another jurisdiction must thoroughly research the law in that jurisdic...
Law Practice
Comment on proposed rule revisions before time is up
The State Bar released the Second Commission for the Revision of the Rules of Professional Conduct's draft rules for public co...
Law Practice
Lawyers are entrusted with a great deal of private information about people who are not our clients. Are we obliged to exercis...
Law Practice
Perils of attorney social media use keep widening
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
Tips for avoiding a State Bar complaint
Because most lawyers would prefer to visit bars to sip cocktails and not defend against client complaints, there are steps law...
Law Practice
A new model anti-discrimination rule
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
The life cycle of a State Bar complaint
Chances are that you never learned about the State Bar discipline process in law school, and you likely did not learn about th...
Constitutional Law, Criminal
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
Don't let technology leave privacy behind
A federal appellate court recently held that cellphone users do not have a reasonable expectation of privacy in their cellphon...
Criminal, Constitutional Law
Don't back government-sanctioned hacking
Congress should support the Stopping Mass Hacking Act and encourage legislative and public scrutiny of remote access searches ...
Law Practice
Bar switches up theories in fee dispute case
The State Bar inexplicably retreated from its winning argument, and made a new argument at the 9th Circuit in a recent case in...