The legal fight over inadvertent disclosures of privileged information due to unknown or unforeseen technology has already beg...
9th U.S. Circuit Court of Appeals, California Courts of Appeal, Civil Litigation, Tax
Court OKs award to neutralize tax liabilities on lump-sum payment
By Robert W. Wood
A lump-sum award may push a plaintiff into a higher tax bracket. Not considering the taxes might effectively deny the plaintif...
California Supreme Court, Labor/Employment
Ruling will significantly limit remedies in wage and hour cases
By Eileen R. Ridley
In a decision that significantly narrows an employee’s remedies for wage and hour claims, the California Supreme Court unanimo...
Law Practice
Do you really need that expert witness?
By Allen L. Lanstra, Kevin J. Minnick
When developing an expert case, the possibility of not hiring an expert at all or pulling an already retained expert prior to ...
Get to know emerging AI technologies for legal research and their applications to your practice sooner rather than later.
No other part of the evidentiary phase of a civil trial presents as much opportunity for juror engagement and the partisan tak...
A great trial lawyer must harmonize his or her oral and visual presentations, so that they complement each other rather than c...
Law Practice
Having their cake and eating it too
By James J. Yukevich, Cameron J. Schlagel
This aptly describes a situation that is becoming ever-more common in design defect cases litigated in California.
To paraphrase a George Burns line: The secret of a good opening statement is to have a good beginning and a good ending -- and...
9th U.S. Circuit Court of Appeals, Civil Litigation
ADA compliance standard for websites remains unclear
By Pooja S. Nair
Two recent circuit court decisions have found that the websites and mobile applications of places of public accommodation are ...
Labor/Employment
Will your independent contractors be relabeled, and by whom?
By Robert W. Wood
Recharacterization is always possible, by different agencies and for different purposes. You may have a good handle on the iss...
Alternative Dispute Resolution, California Courts of Appeal, California Supreme Court, Civil Litigation
Heimlich relief for 998 offers
By Edward R. Huguenin, Erik C. Tofft
Attorneys may be surprised to learn that there is no clear roadmap when it comes to employing the cost-shifting mechanisms of ...
Law Practice
What volunteer activities help law school applicants the most?
By Frank H. Wu
I am asked for advice about legal careers quite a bit, especially how to get into law school. Some prospective 1Ls likely woul...
Appellate Practice, California Supreme Court
Oral arguments before the California Supreme Court
By Myron Moskovitz
My critique might be right, and it might be wrong. But I think it's important to begin a discussion of this issue.
Intellectual Property, Civil Litigation
Evolution of the Defend Trade Secrets Act
By Jordan D. Grotzinger, Jena MacCabe
As the federal trade secrets law turns three, we reflect on how it has evolved and issues that continue to develop.
Administrative/Regulatory, Government
Closing the door on Section 8 housing discrimination opens many more
By Gary W. Rhoades
Eleven low-income people trying to secure affordable housing in Santa Monica in 2018 all got good news — followed hard by bad ...
Law Practice
Winning the war: Destroy your opponent’s expert in 5 steps
By Kristina Azlin, Vito Costanzo
A few key steps to dethroning the other side’s expert. Don’t let time, or costs, completely dictate your strategy
Richard Wirick reviews “Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman ...
Ethics/Professional Responsibility
Ex parte? Not so fast, make sure you know the new rules
By Antonio R. Sarabia II
The new rule on ex parte conduct, Rule 3.3(d) of the Rules of Professional Conduct, is titled “Candor Toward the Tribunal.” Th...
Government, Insurance
Wildfire victims should be able to look to CDI for protection
By Jon B. Eisenberg
The 2018 California wildfires destroyed some 22,000 structures, including nearly the entire town of Paradise. Most of the ensu...
Jamal Knox's case is far from unique; rap lyrics are turning up as evidence in courtrooms across the country.
Administrative/Regulatory, Construction
Connected buildings, connected things and security considerations
By Scott M. Wornow
If a building is wirelessly enabled with embedded sensors, cameras and other internet-capable objects, might the construction ...
9th U.S. Circuit Court of Appeals, Entertainment & Sports, Intellectual Property, Civil Litigation
9th Circuit quietly buries music law’s inverse ratio rule
By Bill Hochberg, Brandon T. Milostan
A late-breaking amendment to the court’s ruling in the Blurred Lines case may give creatives a bit of comfort, as the court qu...
Administrative/Regulatory, Government, Civil Litigation
The FCA in 2018 and beyond
By Debra Wong Yang, Michael M. Farhang
A review of FCA developments from this past year and what to expect in 2019.
Judges and Judiciary, U.S. Supreme Court
Brown’s impact: Baxter to Cuéllar
By Kirk C. Jenkins
For the past several weeks, we’ve been reviewing the impact Gov. Jerry Brown’s appointees to the California Supreme Court. Tod...
9th U.S. Circuit Court of Appeals, Constitutional Law
Judges split on First Amendment scrutiny in sugar drink case
By Andrew B. Talai, Amy P. Lally
While they agreed on the outcome, the 9th Circuit split on how to analyze San Francisco's controversial sugar drink warning or...
Administrative/Regulatory, Government
Collaboration with the ABC can help combat nuisance bars and clubs
By Samuel Emerson
Almost every city in California has at least one bar or nightclub that is a constant source of aggravation for law enforcement...
Military Law, U.S. Supreme Court
Ruling on transgender ban signals a shift
By Erwin Chemerinsky
Without any explanation, on January 22, the U.S. Supreme Court, in a 5-4 ruling split along ideological lines, allowed Preside...
Constitutional Law, U.S. Supreme Court
The high court’s Tinker free speech decision at 50
By Donna Myrow
Tinker v. Des Moines Independent Community School District was the first Supreme Court ruling that provided protection for stu...
Law Office Management, Law Practice
Law firm resolutions to consider for a Happy New Year
By Daniel O'Rielly, Dena Roche
Now that your personal New Year’s resolutions are kaput, February is a good time to consider some resolutions for your law pra...