Civil Litigation, Criminal, International Law, U.S. Supreme Court
Supreme Court case will test whether punitive damages can apply retroactively against state sponsors of terrorists
By Scott J. Street
Opati v. Republic of Sudan focuses on whether Congress intended for a statute authorizing punitive damages against state spons...
Constitutional Law, Immigration, U.S. Supreme Court
Supreme Court to consider broad immigration-speech law
By Molly Alarcon, Erin Kuka
The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...
Ethics/Professional Responsibility, State Bar & Bar Associations
The State Bar Court’s most powerful tool
By Jennifer Teaford
Any allegation of professional misconduct by the State Bar prosecutor’s office is cause for serious concern for an attorney. B...
Administrative/Regulatory, Government
False Claims Act enforcement under the Trump administration
By Jim Zelenay Jr., Sean S. Twomey
The FCA has long served as the federal government's primary mechanism for rooting out fraud and corruption by companies doing ...
Banking, Civil Litigation
‘True lender’ attacks on preemption of state usury laws
By Ashley M. Simonsen
In recent years, state regulators and private plaintiffs have attempted to circumvent and undermine a regime of legal certaint...
Government, Labor/Employment
Newsom’s trailer bills and possible consequences for employers
By Susan E. Groff, Cecilie E. Read
In addition to the budget itself, employers should be aware of other pro-employee provisions the governor seeks to effectuate ...
Administrative/Regulatory, Health Care & Hospital Law
FDA, FTC issue joint statement on efforts to support market for biologics
By Georgia C. Ravitz, James R. Ravitz
To help ensure increased biosimilar licensing and consumer and healthcare provider awareness of the benefits of biosimilars, t...
Appellate Practice
‘Man on Wire’: Navigating the pitfalls of expert testimony
By Ellie Ruth
Lawyering is hardly as dramatic, but the movie ‘Man on Wire’ offers an analogy to the tightrope a lawyer must walk when presen...
Constitutional Law, Government
Is California’s travel ban constitutional?
By Josh McDaniel, Phillip Shaverdian
A travel ban case is back at the U.S. Supreme Court, but this case has nothing to do with immigration. This case is a dispute ...
Contracts
What happens when contracts are breached due to the coronavirus?
By Matthew S. Ingles
Expect parties to look to force majeure provisions.
Law Practice
Best practices for opening and closing statements
By Michael Betz, Charles Jarrell
The art of trial work is being able to be flexible given what’s going on in the courtroom.
How your mediator can help you avoid eating liver and onions
Alternative Dispute Resolution, Entertainment & Sports
‘McMillion$’ evokes nostalgia for burgers, fries and mere millionaires
By Marc D. Alexander
I have thoroughly enjoyed this fast moving and entertaining documentary about the game scandal.
Criminal
Move towards clearing records of cannabis crimes is no small feat
By Eric H. Schweitzer
This action by the Los Angeles District Attorney should serve a clarion call to others around the state to follow suit.
Alternative Dispute Resolution, Civil Litigation, Labor/Employment
Court order explains preliminary enjoinment of enforcement of Assembly Bill 51
By Thomas H. Petrides, Harrison M. Thorne
Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...
Administrative/Regulatory, Civil Litigation, Corporate, Government
The Granston memo: two years later
By Brian J. Hennigan, Padraic W. Foran
It is safe to say that the current presidential administration has not grown any fonder of or kinder to whistleblowers.
Civil Litigation, Securities, Tax
Blockchain’s unexpected upsurge in litigation
By Barrington Dyer
While securities fraud remains atop as the most active area for blockchain litigation — due in part to the rush towards initia...
The “conviction-and-incarceration-obsessed district attorney” is a common caricature used among “progressive prosecutors” look...
Constitutional Law, Government
Moving away from checks and balances
By Erwin Chemerinsky
The intense partisanship surrounding the Trump impeachment, and more generally around the Trump presidency, has obscured the e...
The California Court of Appeal recently examined a novel legal theory made by a Muslim husband who claimed that he was fraudul...
Although there is certainly no express exemption for big data written into the Sherman Act, determining exactly how antitrust ...
When a federal jury convicted celebrity attorney Michael Avenatti of attempted extortion last week, it sent a clear message: T...
California Supreme Court, Civil Litigation, Labor/Employment
Employers pay when employees bring their baggage to work
By Steven B. Katz, Christin Lawler
Last week, California again parted ways with federal wage and hour standards to increase protections for the Golden State’s em...
The easier, more modern system is what was envisioned after Bush-Gore
Criminal, Government
Interference in criminal sentencing is Stone-cold wrong
By Neama Rahmani
More than two centuries of independence at the U.S. Department of Justice were upended last week when political appointees, pr...
Administrative/Regulatory, Government
FCC has weak response to cellular carriers selling location data
By Anita Taff-Rice
Two years after it was widely documented that cellular carriers were selling highly precise customer location data to third pa...
If you are about to sell stock, your cash of bitcoin, your out of state real estate holdings, or settle a career lawsuit, you ...
In a complex commercial case, a trial lawyer has many ingredients to choose from. There are millions of pages of documents, do...
A unique alternative to court resolution of high-exposure, complex disputes
By Neal R. Marder, Ali R. Rabbani
Given the potential costs and the uncertainties of predicting state and federal court juries, it makes sense that many compani...
More and more trial lawyers are making use of the “mini-opening” in their cases. When done properly, the mini-opening can be a...