Last week, the 9th Circuit issued its decision in one of the biggest legal cases in the National Collegiate Athletic Associati...

The Supreme Court's latest Clean Water Act decision does not provide a clear answer for when discharges through groundwater re...

As someone who has written law review articles and drafted opinions for the California Supreme Court, I appreciated Justice Mi...

With the COVID-19 shutdowns resulting in millions of job layoffs, small business owners scrambled to apply for Paycheck Protec...

By confirming a property interest in employment and fraud as a basis of a public policy claim (albeit in the context of Penal ...

Legal fictions are problematic because we’re in the truth-finding business. These fictions are dangerous for judges, because ...

This is the fourth installment for the Daily Journal (following reviews of Louis Nizer’s The Jury Returns, John Kaplan’s and J...

As luck would have it, an urgent client matter required that I make an ex parte appearance at Stanley Mosk in the second week ...

As lawyers, we are trained to examine facts, uncertainty is unsettling. We are goal oriented, so future ambiguity is disturbin...

It’s a crazy time. You’re home with the kids. Your sister Roberta is taking care of mom half a state away and worries that mom...

First change came for doctors, then it came for therapists, lawyers and even litigators. Now that the U.S. Supreme Court is ho...

Are you comfortable, then, with Zoom? Because if you or your client are not, then it won’t work and another platform must be u...

In mediation, it is so easy to overtalk situations. You are an advocate; you have a lot to say; you have a righteous case. But...

The difficulty in resuming civil jury trials any time soon, coupled with the reluctance of many civil parties to consider sett...

Last month, the Court of Justice of the European Union issued a landmark decision concerning the liability of internet interme...

There is a potential fix, however. The state Legislature needs to take over. Lawmakers need to step up with legislation requir...

Apple and Google are releasing application interfaces this month that marshal a smartphone’s Bluetooth capability to trace a p...

An interesting question is whether a company may face liability under this statute (or based on common law theories) where one...

The U.S. Supreme Court has long observed that, of “the three great branches” of government — legislative, executive and judici...

Adding to the maze of federal and state coronavirus legislation, Gov. Gavin Newsom recently announced sought-after property ta...

Family law is built on resilience. The family law bar and bench helps parties’ transition into the next phase of their lives i...

Zervos v. Trump raises a constitutional issue of first impression: Whether the U.S. Constitution requires a state court to def...

You might be tempted to raise prices to try to recoup some of your lost revenue. But be careful — if you do raise prices, you ...

Do you have tax losses, or are you expecting some? These days, that sounds like a silly question. How losses are treated under...

Individual liberties are not absolutes, and in emergencies citizens must defer to the collective good.

You’ve recently closed a merger, representing the seller in a deal that netted your client — and you — a good bit of cash. And...

It is often said that every crisis also presents an opportunity. The current COVID-19 pandemic presents a chance to revise and...

Last week the California insurance commissioner issued a notice to all insurers recognizing the economic hardship and lack of ...

The court unanimously decided that neither the Lanham Act’s statutory language, nor historical precedent supported making will...

For a gifting technique to be successful, the grantor needs to cut certain tax strings to prevent the gift from being included...